Newspapers / Daily Sentinel (Raleigh, N.C.) / Sept. 21, 1867, edition 1 / Page 2
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TVtc Hevnvm. fWhe4 vy 4y, V"V Hiiir, no u fnlj-ir.g Uj-: F r i4.tu:ii... . ................ ...... .t .nti F loi.dil. .............. M T.w" woVi'hs,. ;-i.-r. 'Jkyv.. ...... . J,. 111 ml.ita. . .-. ")' w ' ,.-. . n -Mil- A W'My aiuntinel one yr. ........mo .. .L THE sectiskl.- H l KTKLL, fBEATOX GALES, yriiToRX. U I HDAT. SEPTEMBER 21, 1867. i ULSi r MKEll&QS. e 0ur thai lb Cousvatli press ti people ol tbe Bute, very generally, up prove of uniting and conoUdatingtbir ia rWnce, to ty tba tide of Browrilow-Hof-ln Radicalism In tbU State. The people ate moving, acid it will I eeii that at . Gi.l4t.cri' tlii-y bave taken tiie OillirftWe ia hoMing a meeting. - Let tbc ball I kept tnovini '"-1-f ':' 1 . ... Vie l Mire to nislte kw mggeatiooa to our tiivridf. 8u far a w. jmember, titer ban Wo do party organization in tbia Stata, siiire tlie war begin, ept what may bare been don by Ike disorganiier and faction- . iu, and tbe tultaeqaeot formation ot tbe lUdu a party. Among our conaerTatWe jop!e, ererytbiog. that hu been done by tbrm, baa been pretty much left to tbe gjjontaneoui dictation of their own minrJt, rxi-rj.f ia tbe encouragerorat they have fe ci iiri from tbe eonaervativ preaa. IU'nce, in combining tbe influenr of the Conwrvatire ura of tbe Btat at til . pre-aiji.-t time, aomething more U neceaaary than tbe nv-re Ug-tioDi of tbe newapaper or nifftinn culled by nnktiown or tnony tuoii H ttnmr, Ouratep mut be meaaured and well Uken, and o or count well, pon dured, Itcforn w moTe. . " " ; We have uirg;fted the holding of Dia trx t and But CoDrtotioui, but really tbe firit and moitt imKrunt !-p ia the buld ioK c.f (irccinct and County meeting.' And then aiiould be called by naponaible namei -and by as many person porble;WT4wcerv large maJoritytf4n tb W,rjrtr-Th miisi have no flub, ia the pan, no llunlnr- ing or.failura. Meagre, bully attended ami Hniiii'u. t'l'l tneetiuga will b followed by hil rebuilt. e, therefore, nwpet.fully mjrjrct jo the Conterratir people in arrry t'liuuty, the following plan ad iutrwluc Ury oi to the eidl of public meeting, ThO following tppeaj will be circulated fornameiln tbia City eeveral.day lfor the rail of tbe meeting : To TUB CoEKVTtVa CoiimTUTIOKAt, I'sion IIeh or Coiihtt. Th tinder. itful, citixen of County, trienda of ( V.nHiliiiion of th 'oittd State,; being - taoiui4 tbat tbn-- incorporatiin of to iirowntnw-IIolden-Karlical nriMrraniui in to the Constitution-- th Htat would . m..t iir-!j rmtmrrtiH, if not aoniUjlatf, ajl eiitr)iih and ail bop ot recuperation, and would diacourag all immigration, the investment ot capital and diiuititah or d utroT tlio iourcea of enitilovuient U tur ta iloring ffopulation, do most wuestlr implore all Coiitttrvative itiren ot every County in the Mtatc, to bold meetinca fur the adoption ' ot u( h plan a tbuy may deem wlaeat and beat, for uniting and consolidating tb Con- erratire innueoee in tbe mate, to eitoctlveiy prevent tbe aucceaa of ultra Itvpublican or Klical rule in our otaut orcaniiatton. TheCmiereaa-of tbe- United U b cut ua olf from all participation nt preaent in National politic. Nothing la left a but the care of our State ioatitutiona, nnd tbia ' movement baa nothing to do with National politic! or with hindering or attempting to olmruet the ojeration of any law ot t'un piea. It baa aimple refcrenu only to tbe iirevrnling of lh incorporation of jbos , Unli al iirinciple and. meaiiurwi into our Htate i.rguiiiuUon, which would place the control nd government ot the Btat in tlie Initial of the ignorant, the vie loin and tbe iiiont uiiirinciileil among ua, whii'.U would certainly result in the iestrotii t tin entrpiie and vitality of the State. All tbe aid or e owiunigcment, therefore, which thi movement ootilil Rive to the friund of Con aututiiinuK liberty and tree government, rtt-u?t, Would b simply inci.l.'iital. We, tlicn-tore, nrpe ail .'oonervativ Con- Ktitutional t'ulon men of the County of , of all partiea holding theae viewa, to . iiniio niili u in holding a meeting at tbe ourt Houm) in , on th of the ,pre'irt month, to efl'ect ,th abov nameit ohji-ct, and we urge our fellow citlzeni of the several rcgUtration precinct In the County to unite with us, or bold mwtinga ; in their w veral precincts. - ( Name of ngneri. Sue.U au inauguration of ie movement oultL inwr aucoaia, first, orgnnii i the prerincu and Countii. II tlie deair IxMsitne gcurral. fur District or 8tat Con- vtion!t, nuit utticient time ia allowed be- fiHfltbe elerlinn for Convention, delegates ot cutu.'-B witl be appointed at tbe County meeiinj,'!. The absolute necessity for Die trii l nnd tat Conventions, we think, will be found to b more nrgi-nt after tUe State Convention, sutburined by th Recon struetion Acta, shall bave done ita work, than be Air. ; (jUDKROrCrkX.CAXBY Th following order from Geo. Canny we find in th newspapers, and publish it lot general infonnation. W See no discretion lelt to the Coorts, except in th expreasii n "and who are qualiHed, by which, , we nj-po",ieh, Canby mean; ueitber igno rant nor vicious persons, men incapable of iftjrijj evidence, or wbo uw so ignoVnt or prejudiced that they would not orcouh not, efo jii'itire. or rtersiw whose vicious baliill V sui'h as to ineupx itale thpm. AlltTiir tascs ..rtlit current year, are declared to be o!i!!c far juror. Oen. Pope' , excl i'.::.?. .Tf 4yiauiiiff!!t persfJU-v Jndudin, tin y do, rtnyof the most, intelligent and 1 1:' i'-w. !!'.:. ns of tli 8ta.U, b botiinat... and lis and Gen. Pope may1 .c Bi ir ii wSer men tl.aa Gen. pickle Tb tniils of the pUn will satiffy sll, peril p. vt j its w.Kdi.m. Let the CourUvobey the or--1 f l VrS- Ok 5 f. R JfBftbkltis-iiS'-Jr t Hi. AMI MlUTAKT I)i4rhT. I JlfStKSHi t 'll.1 Kl f 't f. J ., ft. pf 14, JH7. 1 j..-. ,-,-,( I, t, o i.t ronrnl Or-Vr V,i. u i nrued a foiiow : i J tor tajutij and who aUail j Lave paid tax fr h current' jt, nv4ita.i iei.MiL have been or my be d uly rot is ered voters, i are he e y duly qu. lined to eefv M if O-U U "A'1 " ytricient ground of challenge to th compe tency of a person drawn as a juror, ttit he bu not been dulv resrislered as a voter, ftoeh , 'light it ci.licog nr . J oca d ill alfccriminal proceedings, "d by iurperty in ell civil actions or proc-d-tng. Any requirement of property queli fixation tor jurors io. addition, tn tb qualifi cations herein prescribed is hereby a-liroget-e.1. . . lTtw OowtHTri of Worth mil South' Csro- lis Art rpvf 1 1 vely xreignojyrTpnnzMTy empowered t onbr. If It should im necewa ry, pe-ie'l terni of court to b held for Ihe partite of revising and preparing jury ljs' and to provide for summoning sau unwinn J"'' "T1""?" Bv com u and of ' ' Brevet May General $u. B, S. CaKBT. , Louis V. Cnar, A. A. A. u . . RiCOISTIUTlOtI in Nobth Cou. , Registration returns from North Carolina indicate that ia tlie western part of the Bute, more Whit people will be .regieWred than the totaj Tote.oil60. Tb pitipor tion of white to black was six to five. Tbe colored vote will iocrras tb total over that of imo by at least fifteen per. cent. The Repubiiean ticket will receiv a Urge major itj ill that portion of tb State. I W find 4h foregoing copied n ftcm of news in tb Norfolk onmai We are twtintkd that it is Incorrect in every par ticular. Tb return of registration, from thaWest ir very .meagre and imperfect, but it is highly Improbable that tbe white rot can rxoeed tbat of 1800. Th Wist loot many brave men In the. war, many are disfranchised- by C'pngtw, and there has' been no considerable immigration to tbat section to supplv tli deficiency. Instead ot a proportion of six to five, the white element is and was probably as ail to oo in th West. Therer were but coiupara ti vet r few slave In any of the Western counties, except Burke. , Ilonc, It i bard ly anppotable that the .new colored vot will incrcu th total of 1W0 any lb lug lik niieen per oswi. y It is, perbups, tb greatest mistake of all tBMdpie tbat th "Hepublican tieket .will sturdy mountaineers of tbat section bv no kiea of contributing to negro domination. Posaibty, tb ''Union feeling," during the war, wss strong In certain portion of it, but that is totally distinct thing from W'Oilim neopbyt Radiod negroism. ,t. . STATS It SMS. Registration in Wasren baa been completed. Here are th return ; Whiles 813, Black 9,889, Totnl 1,401. X Messrs. Cyrus P; Mendeobill A Co of Baltimore, a we leaxa trom- 4,U Gttt of tbat City, natb) 16th. received a bale of Cotton from North Carolina, being tb tint of tb new crop. : It wss a irood aampl nf tb gtd kea low mlthWlngs, ami sold foTtwtjnfy-thre; cent per -ponmt.- j ; -" ' i Tbe aentnce of Captain Charles Krederiek Brown. Thirty-evenlh Untied Slate colored troops, who waa tried before court martial in thi City, in November last, bat juat been confirmed by Oeneral Grant II waa tried on th charge of sell ing the property of th United Htates and appropriating to hi on ue ihe proceeds of tbe sale. He wss found guilty, and sea. fenced v hf diaoomWably ttinmissed the service, with loss of nil pay and allowances now du or hurealter to becotn due ; to be forever (llmuali fled to bold any offlo of trust or profit undor tbe government ; to pay fin of $2,000 and he imprisoned in Fort Macon, North Csmlina, until the fin l paid ; and that the nanij and place of ntwde of tbecritiiinal and th sentence be publiibed in the newapapeu of the State ol Maata- cbusettt and North Carolina.. : i ,.'. Jnii. Tsjlor anl Jim Knight, charged with murder, wmeconvieled at th lat term of Kdgecomb Siijierinr Court, and sentenced to be hanged on the second Friday In Octo. ber. An appeal, however, to tb Supreme Court, waa prayed and granted ; ', - u" Of n. Colnton hasaccrptrd an iovit tion of tb "GoUUboro Litersry Association," to deliver hi Ma and interesting lecture upon Stonewall Jsekvin, in that place, abort! y.. The Cotton worm baa made ita ap- pearsnes in tb Eastern part of tb 8tatev we arc sorry to learn. . - Several parties have lictn bound over, by V. 8. CommiMloner Holmes, at Salisbury, to answer at h next Federal Court for vin Utlons of tW Revenu law. ::: ; "v ; tMiiMir. LanK A Co. bav commenced. tba mamitM'fure of cigir at Chailotte. The A'eirs ants that bey tiidemtand tbir boainew." B smok. The Salisbury Ainaer is informed that; tb negroes drMl nightly in that City. It vary properly c ills th attention of I ol. F.die, th Poat Commandant, to the fact, -Muwr. . P. Rolaaitson nd D. O. McDuffie, engineers, bsve reported the r suit ol a rron0iu made by them, at tbe instance of tb President am) Director of lb sjetteviiie ami Florence Railroad. Tb Sact) of Fayetteville, ay t-U - "It la, a necessarily must b from A th character Ot ilieHurvey, mengra. It emtMXllrs main (liretisf iho line and ireaeral lca tores of th country over which tbey passed, and sum up, well can . don in report of the kind, tb gre4 advantages to tern line, both of which are show to be in an excellent country over which to bmld a railro( In tart, there is nothinf tn .to -. to ray down tlrr TOte4 in, a is proTen oy lue rac mat tb aver- Et tr mil i only 11mml , .jitrbssj.-jir 'iiiheiftgtWijtii'!5 T.own in tiiis re"port, and a will U h iwn by and-by mor fully b tha-instrntnental survey, of this road lor a (treat lin of travel snd trail, w most com to th conclusion tbat it must be built, and that very soon." .Official returns from Jour, himdi' and sixtv towns in klsine show the. maiorit tor Cba-r.twrlsin io bav been lt,t04 : The sain triwns lM year piv the same man, acsinst th same ni.Ktieut, S7,?'1", which slu.ws f;Mr(r off in tb KepuUicaa majority of tn.wi (IUper(a lu ths'SeatSnel.) ' ' '-- H3B MILITARY COllJjisSIDS. CKITEDSTATt I' JOLAR. roAr.KSANP - WATKISB. Abstract of a ptirtloTi fifth Argument sL IION. 8. F. PHItLIPS, y. I coma now, may it ple out ,BOt the qneation of juns-iiciioa vuav u r.ixl ub tii "olea"' ol luritJitt o. but tbat qntntion of jurisdiction, on account of wbu.ii, whenever n occurs mi ,ihr nif,.i.d or nnr. the Court di. miaM tlM i u Irnm iwl.rf If' ' A plea of jurisdiction doeslnot cover in narliiMllur ilrltniH) I wiab to maKe now. Wa t.ira to hrinir to tu attention of tb Court a matter of which upon the plen of not guilty," without any question diction, w will bay tbe ngnr to avail ... 1 u...,,. a man wet indicted uminn - j. I... .,nUr In our t.MintV UOUft. UO pl Ol juriiction pot in a soon ui i wuri ueard what til lac is wervwv n.r. .n rcrtain teclinlcal iMiiota, oi which, if w wiah to svail oursclvw, we must put in a pie of jurUdiction ; but there ira oi hers, going to tue Very surwwnc oi tbe trial, which do not require w o sup oorted bv such plea. Th Court wrt r eollot that tlie fir.t day urf th trial, U.k.t io nut la a Dlee of jurisdiction ; we Y.l. i . g.it m f,a th sdvantn auesof it, sub-equently, and our nqueat was irrsnted But the trnint which w make i ii i ni 17 1 iv wa ujii.ii " - n..a- ,l.a-s not eouie under tbat plea, at alt ti ia a itvoint thst iroea to the Very substance of tbe right of this Court to sit upon the life d death ol these men, anu w unna confldem-eiu it,, W aliall not eugsge In ir..l! ilium nolities to-dav : tins is noi the theatre lor H. I -feall addre tnysiif mttwlr to what I eotfsidrr "best for tn in tertu's iSt tlrnpriirr.-' ... ' You are stated here, if I snderstsnd it, nnder tb authiirity ol Congress, given on Maicb 2nd. 1887, and I concrde it is a per Mtlv valid authority. I concede tbat Con- ma kal a tterfi-ct riulit to Baas that act that tieo'l. bieki bad a perfect right to coveuthi Ct irt; and that thi Coort may enfore itjurisliciina,i fas as that act uive it auiboritv. But what I do any. and .ithall cnfiilencf. ia. that tbatjeti give yon no aulhoriiy or jurisdiction ovr this caw. l wuu to o unuersioiMi iiiiiiiin Iv. 1 sav. tonuedms all tbat Congreat claims to tb very fullest extent, that that act of March Slid, give yoa no jurisdiction over an act committed on 11th. of Feb. find! th aitiiiition of the Court to tbe laniftiairs ot the hief Justice at the United tte in tbe add re h maiie to the Bar at Raleigh, in Jun 1867. I think the Court will conclude, upon bearing this address, a the Bar did, when it we delivered; and i the public ul, so far a It has been read by them, that it w not th opinion of $i Chief Justice alone, but of tbe whole or a mmoritv ot the tribunal nt wlj.cn. he. U an illnstrinus member. I might say, aod I do say-Mind I hop Without transgressing wiist I Dsv said on thubieet of thX datinn of politic from my remarks, 'but it seems to me germane to the lmue, that the Chief Justice of th i'nitcl Sutes i a nnTiiclBsntgura in the party - whose policy is oeing carried out, ny. ins acs oi jnnrvu ind. 1MU7 ; that he has heretofore co-operated with that party, and doe cooperate with it; and tbat ha undorstanits the grave ecnstitutional theories upon whbli it is carrying out it operation. I, therelore, ibink that, whenever b ha xoreiHt.n opinion upon a solemn occasion such at this, wss, as opinion which seem on the faciOf it to b not merely a personal opinion, but of tliat tribunal t J which b lieionifn, it i safe tor sll imos, who- are -emrrying out that policy, who are called ' upon to exe cute the piil icy of Congnss, to be governed in a great measure by bis conclusions, or at least to pay very great respect to therm They are not the opinions of an enemy of emgres. but of gentleman who desire their policy to succeed.. The Court will pardon me, therefore, for reading this ad dress. It is as follows ; Mr, Phillip her read tbe addrea of Ihe Chief justice. . The Chief Justice say there is military authority now in th Houtb, and by virtue of the act of Congress. He state express ly that military authority snd martini law heretofore prevailing throughout tbe South, In eonsvquene of conquest, by the striking down of th sebel arms In 1 80,'ir ceased upou th procliimation of April Sod. and 20th. Auut '80. -'.v- , , , I will call attention, hereafter, to aoine acts of Congress, which, it seem to me, are nf the same purport. If I undersiand it aright, this military authority runs back ao further than tb ind. nf March, 1867. . Ther was martial law ber ia t!5 1 it ceased in April, 'lid. The proclamation of August, the Court well know, was made enHrWy ia referenc to tbe Stat of Texas. Tbero are two proclamations referred to, but tlie State of North Carolina was inclu ded in tbe ti rat of tlum With the sumndi-rof tbe Southern ar mies, martial law extended throughout tb Smith. All th Insurgent Stale were cov ered with it, but it was an mwcwties AmC tion to put an eii)to that martial law. whkh wa done by prmlamation of tbe President on Apill '2nd., 66. We were tb; n'Stored to onr tiril right, but not to ourpuiitiro rights; tbc Pntu'enl had nothing to d' with lh:m. According to ibis theory, and I am arguing under this llAeorju,wa wera not restored to any politi cal right, (vjt were to our civil rijilns by that proclamation. ' Martial law waa put an end to. Whatdoi theChief Juttice say I .. Why, he says: II I bad come down Iter before April end held a Court, I would have held it in subordination to tbe troika ry authorities i sine thii, :. any time,' would bav held it witnout such subordina tion, but I bave not ber a her before, be catlse an act of Congress has lieen passed re districting th Circuits of the United 8tat'V sid T wan not appointed to any par tieular Cireutt, aud, thcrtf irw, did not come, and-rjould not have com. I might have come so far as civil law was concerned, but as l bad no Circuit appointed me, I could not ' Before then I could notveome, because I eoutei not nave anv power except ia nh , ... nllfr M-)ri miii 1 i'iv -in in rrni r -y-r-rn.n. rTfii-rrrrrtTr 'i 'tt -' Vc oriliiKtii' JlU'X lA iJLiLilt ULUUilZI-.IKlXs tt: Wtrte3fCTT5TttOt, tn Ctf Court, at vvasiiinirton, snouia come down into tbe insurant Siatea, and hold Court' juTaeroo1.i-was in tubordiaalion tu the military authority. boliffhir Tiia Court. hut ia snlxird 1 nation to the nitlitaty anthor- rtier--W tiid.SJitr ibi;teb!rennjf bow vsr, at any tini, tim-ii jinl(. UiaVJt-tight hav com, hut did not from the tact tbat I wa not appointed to, any Circuit ' Why could be hav come I Because that proclamation restored civil law, restored the tribunals of the United States to their civil sut hori ty, how I In no w ay except by ex pelling -martial "law. The- effect nf that proclamation wa to expel .the martial law that prevailed throughout th South on the surrender ol th rebel armies a 1S(S. It was ariev"eutiv function, const itutianally etenuaed fiy the Presidet and m-rttrnized by tbe Suprem Court, of tbe Veiled Stales, j But is that tb only evidence that w bad civil law in the fl. uth previous to March Bd, 18C7t Ttis i tb point I making that wear nnder martial law now, to tb extent of the Art of Contra of March 1867 ; but I innist, may it phiis the Court, I insist tbat tb.lt act estnolinbirrg martial law has mi ntrntM'Ctlv. t not! 1lct9 H feet, -I sav that tb civil rijht ot persons. North, Carolinians aniVuilicm, who were bereitiid ard. March lat, 18n. could -ponstitutionlly be rTecti-d bv tin Act of March , fnd, 1867, and them is no artpcitrano!, ni l lie, that U ia the theory ot Ci.ngrcss. or of those Who . .. . . :iii ..j.ii.u i.i:. suppori it, i its ntatn iminiiui .nc-uuii ww. if 4 mar ue tne it m. i iiere is anywuere. except on thi prem-nt occasion,, that tbi illitar or Martini law can oe proctaimeu, not only for the wtnr. but for the past, as well. , . : . , Now, msv it i-JeiKir the Court. I,rc'ipc't fully refer yoo to two, Ads t Congieaa, as bearing .uoon this theory. I callyour attention Io what is railed the Act of !.. bspter 31, "Civil UigUUAC'. but particularly .h language of tb Act "esullishing tlie Frw-iliuen'si Blireau," as W term M. snstl n"j rewi any exiraci, from the Civil Right Hill, because tbe Ian-giw-je of tiie iher Act, passed in April, .I860, ia repeated with time!, more strength in tbe Act lor estsblialiina. th Kreediuen' Bureau. 1 wish to call the attention of tbe Couo, jiattkularJVj. totbe 14th section, page 173, chapter 200, which reads as follows: ... ..... w . Without reBect to color, means, I np Dosei witbout rei t to white color, as well aa without renpccl to black color. .This Act pawed over the President's veto fn July, 180, contsina tlie very-deliberate taslief.ol Congress Uho tbia matter. Tbia Civil Rights bill, to which I bar already refiT red, ws also passed by. a two-third major ity afler having lieen veUa-d by the Presi dent, When were acta ot Ciainrwur Tbore solemn than these f W tutt loruoility can lue-given to-acta ol Congress, to give them binding effect and force.lliat tln-si have not ? Aod what do t.bv ravN 'I'hev say "the benefit of all law and proceeding concern, inn personal liroi pty and iwraoua? aecu. rily." What is the tight of personal secu rity t NorxHly stndie. law three days without knowing what personal security i. Ia the very Piieniiiir of the very Dit btwik of law, we are told, thnt-the right tb per sonal security is th right among other tiling "to life.'" Hens then, au act of Con gress, puaed iu July, 1866, says, that then, without respect to race or color, every man in th imurirent States, until they be re stored, shall be entitled to the benefit of all laws and proceeding,- AU hurt and pro eetJuifi I . I ask tbe Court could it be, that, on tbe 2nd. day of March, 1807, Congrea con Id have passed an act, esUblishiiii; martial law from the date of thi act, July 10th 1866, and have- annulled and atiroirntcd it t It there lie a declarntion, contained in this act of "having restored tuo - civil raw in tbe Courts" it did not restore tb JSUte Court, for, it exiireshly say "where the ordinary course of judicial proceedings have been interrupted and until they shall be re stored. ltuoe not any that tb -ordinary local Courts have been restored at all. I don't depend upon it tor that. If they havebocu ostablis!ed I must get argument from some other source than that, because it expressly speaks ot them having lieen Interrupted. . tint It any until they ar re- itofeil tlnfM Vie eveiy man ahall bave the right of perSouat security. Is the Chief Justine then not juatilletl by thi. very sol emn set of Congress, In holding that civil rights existed in NuriU-Caroliua Dp to tbi 2nd. day nt March, 1807 1 Doe not Con. lin-r itself aay so 1 1 see in a recent law book, published In Boston, by a very eminent brother of otir profession, Mr, Bishop, snob a propoaition as (liis- it aeeins to me to be a sensible one, nd one io which I may with reason direct thoatteutlon of the Court; . He anv tbat when States, aa tb Southern State did in '61, break away frnni cuunectiun with, the General Uuycrumeut, and dcatfoy Stat governments, be snid they diil, mid as admit for the purpose of this ari'unicnL- thougb I might beXnuwilliug to mlmit it for other purpose when Joey -destroyed these government and set up rebi-llious ones, having uestniyed tlie only irovern ments that the United States could recog nize, anu tn political surtiwe ot the htatea, having Hmgouic aa -H-vreTtrTranVx ujion which th United States Government might writ what it chime, it was the duty of the United States Government "to run"' the State governments until proper legal Slate governments lie cnUiblislicd in the form provided for by any reconiitriu-tion bill that may be adopted by the United States. 4 UntiL for JnaUnce, North Carolina is re- stored to a Conaiilutioniil State irovern- ment, it is the hilaineaaot the United States to run the liicul government. , : Now I uadtmtsud that to m a part (if the theory upon wbieh this reconstruction U going on. That the United t'tnte Govern ment may have its milUarvj and eivil Com missions throughout Norifi Carolina, it may adopt either form, or it may permit the locaUribuimla to transact tlie'iiuiuess, but whether if diea permit tlie local invern- ment to do tbia work, or appoint military officers of it owo, it is all tho while tbc United States thak is running th machine. What.does thi a!of Crmcn! mean f It aay tbat -however Ihe United Slate may run tbe local State machines, it mint lie with adue reverence to "th laws and i.ro- eeeltngatrwtingpHrnttlecurity.,LW'lrat ever lie the machinery, theople must bave the right, anu time the U. 8. itself is bound to grant tliem the becefita, of all laws and nrojeedings concerning- personal seenrity. That ia not o since March 2nd., 1867. So faf a tbi act of March come in con flict wjtb former acts, than.w bave military 1w:o th Chief Jiwtic says. lii-l'ore March 2nd. we bad th iH-nctit of civil law here, in North Carolina. Congress restored a to our civil rights. Until the State should b restored to its Constitutional function a a member of the V. 8., Congress can re peal that act, it may bav rejiealed it, but until it wa repealed, it wa in fore. A later act may modify it, may reeal it by implication, but, itntd then, it ia the law of the land. The Chief Justice aay that th President,' by hi proclittiiation, bad th right to restore civil rights. ' Thftt was done on April Snd, Congress admit that civil' rights were restored, or enacts that they shall be restored . by the act ol 16ib. of July; I am not entering into any political Marek theneowi'e-t - Nivrtis--Ci right to the benefit of all laws and proceed ing attaching to personal aecurity. What are they t Thejr. are ao ajniple. that he wbo runs iniy reait. -: W hat i th grant pnx&d. that is a good word for my purpose: law would bav. done, bet prceiuHUajfi i$ more tpt'tiflc-l could haygjuade my,guUin nieut under tb word Aurs, but w hen Con- frress says sntteWtns, it looks as if its atten tion had been called to that particular priv ilege or right fiSr'which I confend. What, if one of tb great jtrarnluji in beblf ot personal security I Anglo Baxon ten cen torie old; rf rtnmtr- bk - into-tfiVcrmatr forest, the right by which your fathers and mine have been tried, in this1 errantry and others, whenever their rigid of person 1 security u threatened 1 AYh.it is that great solemn proceeding t so solemn and earnest that lilacktton thiuks it is tb I . . . .. l. w . . 1 l .... ( ..... l 1. 1 1 a; 1 .. . ,. . ' i;rciamati.ms4r oy. ttie.-.o m-i. 1 wi.u Witrn..iorc. jiat-lt.j!a..a.v aim tboas, a.fa i Cot tJr-MKta&rtt. ittdp-tfl; tmdSmltii t ttmt dtttteit Aateb rUTtunt eiitutoit great prop of modern liberty ThIsI. bt. Jlbi! That b th great proceeding of procding r tht proceeding--4j bbif ot. personal ajicurity. f But U tbm tb only procoeding in ooil of pereonal aecurity I ' 7' ' j , "Tb trial of.aft crime Except Jn caef of impeachment shall b hi jury," consuiu-, tion ot th United States art. SrA.;, 2d., Such Uial shall be held in the State where tb said crime is commit ted,, or when ndt committed in any Stat tb trial sliall be in lucb place a Congress ahall iuu" Tha ovrament ofrwhicb yoo are member, and whose law jon come Aasm. rw lilt Wifl mm tji lliat dirertlv. Tbst is on ot the yroeeedinft in behalf of personal aecnritv,,tbat our fathers were not satisfied frith having pvrttinto the Constitu- at'aio inaerteti in what are called tbe Decla ration of liight,, attached to the ConsUttt tion the amendment of tb Constitution. "No person shall be held to answer for a capital or other wis Infamous crime- -unless on a piesentment or indictment, c.xeept in case arising in th bind 01 naval force io timoof war or public danger." Kepeatod twic in tb Constitution. ' , . . What I ay may it pleas tb Court, and. what I saw with ail confidence, and what will lie tbe lav, ia mjjr. opinion. when civil Is-w and libertptiecom established here, is tbat Congress, on tba second of March, could not pas any act which deprived a man, who bad committed an offence before the. second ot March, of the right of; trial by jury, Because, whatever be toe case bow, when your martiltl law Ts here, snd when it is here for certain purpose and within cer Mrrr Irmits, it discharge the civil law of all ita duties within those limits, I admit, but cannot bav any retroapectiva" effect. ; If civil law Was existing here np to the- time of this a- of second of March, '67, and the Chief luatice of tbe United States say it was, and Congress say what i o.uivalent, then these perrons are, "whoever killed Archy Bebee, entitled to,a trial by jury, and tuere is not the power that can deprive them of it. And I go lurtber, and I ay tHt,'tipon the face of it, Congress did not intend to deprive tbero of it I say that, by all just rules of tonntruction, that act does not apply to crimes committed before tbe ct wa passed, but has a prospective and not g retrospective effect, I understand it tohe the rule, under which yon are assem bled here, that if a man commit a crime in North ' Carorina to-day b has not a right to ttial by jury. That ia the theory of thi art nf M.rr li -Intt fi?rntii it i rem rienpart theory for all purpose ot. argument here after. Because, when your martial law come in it exclude civil righta,.and eivil law, even thos of the Constitution. It is a very peculiar thing, and a very strong one, that can exclude the Constitu tion of tb United State, but it seems tbat martial law can ; that there are no privilege guaranteed under the Constitution ot the United States that Can breathe the air in which martial law exist. It smothers it lik the cases. - But how can it affect a man whose oflen.ee wa committed during tbe existence of civil law? I -have looked carefully into the book,' and Tbe not been able to find any rase in wbicb it has been held that .a declaration of martial 1 bo a retrospective effect. I have not seen, anywhere, a proposition to the effect that if a military officer, going and taking pos session ot a country, declare martial law therein, that be can declare that it existed a month r -vear aim, nnd try at hi discre tion ail ollence that were committed du ring the time. It baa an effect. "bow and henceforth-, but it doe not bave any retro spective etlect it seems to me that It most be established that Congress could not bave declared military law, with a retrospective eneci; out i am not omigcdto argue that, because the act which ia before me baa no such retrospective language. The act of March 2nd., '67, give no such jurisdiction, propose, prettmit to no such jurisdiction. j- I am not bound-tosaywrmi.the powers of Congress are, or might lie. Let them be aa great as they may be, I am not interested in the discussion. But if it b true, at the Supreme Court of tlie U. 8. say, and aa they act, that there was civil law in the State ot North Carolina, by the proclamation ot tbe President, and that whatever military law is here, is by virtue of sets of Congress, then your military law has a certain boundary, limit beyond which it cannot go, to exer cise any ot it functions. ., Cougreaa did not say bow thi Commission sbeiiild tie established.- It ays tlmt the Military General presiding over this district, might either allow the 1i l'I tribunals to take jurisdiction of those Hnenfce, ' or be might send a Com mission ot Jus own to try tliem. He ha sent, one Couuuiaaiou. to Uiia cction. There is a Provost Court down" in Favettevilla. That is part of tbe machinery Of tbe UV 8. I hey run that part ol their jurisdiction - by means of this Provost Court I am not say ing that Congress ha recognlxed any of the civil court of the State of Mortli Carolina at any time. I don't know that it has. I don't say that Congrea baa recugnixad a (ingle otlicer in North Carolina, or the exj tence of a State. I don't know that It has, as a State, but I do say that whatever ma chinery tbe U. 8. resorts to, for the porpos of punishing crime throughout these insur gent states, o lone as there ia anv martial law hero, it must have a jury as a port of the machinery, and it was perfectly competent for General Sickles to summons a jury to try this offense, though it would not have been according to the antilogy ot military law. But suppose he had done it I Martial law, as I understand it, ia the discretion of the Commanding General. Bnt, according to tbe opinion of this Court, I mean the Supreme Court of tbe U. 8., if we can at tribute to them this language of. Chief Jus tice Chase, bis discretion is limited. He has no power, whatever, over tb functions Ol th V. 8. Government except in hi own department ' II is not bound to recognize any Plate intninal. liut be is bound to recognize with regard to offence that wera committed before Mirch 2nd. 1867 he ia bound to recognize thoe principles of civil law that are guaranteed in the Constitution ol th U. K to every person. I sav that these men cannot be tried without a jury. L do nut any they cannot be tried by the ujted SUte. I do not say that th United States' canrist destroy these legal tribunals nu sea up un.uutti ot it own here. Hut that tribunal must bave a iurv attach ed to it These crimes, whenever it, trie alitYlea Itlher Iwl a j-w , I ?u , vu..- ..(uos. iru --.t. 1 irtitirrta ipj Jl,rJ 11 ayjvw4aj tvw wf tfcWHrmS"!i t' And ' 1 sit here to try iieations rtmmwted with tlie breach ot tbe murtisi la 7 I mean So "far as you are a milttary tribunal, so fur von lit get your - tfgtJtr uTKleF " the " martial fa w don't you sit hervto.trr violations of the NVirtUXanilini on tha I lUtrt F. 186i 1 A soon as martial law comes in it displaces civil law, and you may do aa you plenseVtiotb witb regard to proceedings and punishment, because ther are offence against martial law proclaimed, but martial law proclaimed on tho second ot Msrch ,MT,'diH;"orinWo"ypu to try, viola tionsop martial few, offences committed Feb. ljtb.,'67. - , . Now for tbe' language of t his act of Con gts under wliicu- tbia C.iHrt ait r It shall be tbe duty of .snoh otfvcer a-iifned as aforesaid to protect all jxrsou intiieir uprreiw insnrrecuoo, disorder and violence, and to pnniah or cans to b pumshed U diaUirb ,rs of th public peac and criminal ; and r nf tba nnblic rjeac tn ibia end he mav allow local tri, lounai to take jurisfliotion of; and to try offender, or when, ia hi judgment, tt may bw necessary fi the trial ot otleodera, b shall bava pow er to oreanix MiliUry Commission orri bunsULr tbat porpos. and all ipterference undercolor of '&Ut authority, with the er ercis of military authority, under tbi act, ahall be null and votd." Yon are to snnnres insurrection, violence or rebellion, and if you cannot do it von are and tmitrtyto tbatnll etna areitaXLto piUiklL the offiBderi Jake the ordina- ry criminal coqe or me rounuj " hi the reaL I call tb Curt7sattention to thi question, that tb language ot lb act of jCongresi baa a prospective and.no a retrospective roeiuiing. "Kvry pi-reinvwhu grrnH be eonvlftetl, acconling to dn cwara ofTaw, ot wilful murliaTsTjslI suflur deatli." (Rev. CodofN.C.) I - -, This act wss passed Jan. l,t., '56. Sup pose there bed been no law for niurdef in North Carolina before that, could lb Court of the SUte bav Uken up a man for a murder committed ten yea belor I Tills act baa a prospectiv tlfi-ct, I call your attention to tin a throwing light upon tli language of the act before you to bow what Congrea mean by certain lan guage. The Legislature of North Carolina said on Jan, 1st, '66, "Any person con victed of wilful murder (halt suffer death." Thi book i the digest of our law, and tbi law did exist in North Carolina before; but suppose it did not, auppos there was no changa in th law ber, could be be tried fot tb pastf offenM under tbi law t - If the person was convicted oa th 1st of April for tb violation of thi law, be would bav to coma fa the rule of it It dor not aay when the murder ahall be committed. It say when th convictioB shall take place. There is a provision ia th Constitution ; oi th United State tbat Congrea shall pas no a pott facto law. Congress can pas no act after a murder has been committed, and render the Duniabment more severe. If a man commit murder, the form of procedure must depend upon tbe act in force at the ti in be waa tried; but with regard to the form of proceeding assigned In the Constitution, it If otherwise. That i a part of bis Constitutional rights, and after a man baa been convicted of an offense, you cannot change hit right to any Const I tutional privilege he baa, or hi right of personal aecurity, without being guilty ot passing an a pott farta law. It ia not so with record to ordinary prbcecdinirs, but with vy ard so any prnrw.iUnp pnsi anleetl in tbe constitution, tt is ao. xou.cna not do it directly or indirectly. You can not do it by declaring, for instance, martial la- it It . MrftManAnlinaflASt Marital law exclude Conatitutional privilege,' exclude them tor the future, exclude them, because it smother 'them, tor tie futuro prospec tively. But in tbia free country, Congrea ha no right to deprive a man in any portion of it of a trial by jury, for past offence, by tbe declaration of martial law. Is there any such aiirn of oppression ia the Consli tution or frame of government tbat we hav t These prisoner are bumble men, pluin cit izen, a plain perhaps a the United States wilj find anywhere within it jurisdiction, But their rights, tbe right that are iroanin teed them, at precious to the people of the United State throughout every .latitude and longitude over which the flag; floats, and; it baa been by tbe . oppression of. just such individuals in England, and in other countries; tbst public liberty ha from time to time been vindicated. It baa been by tb government, inadvertently or by the zeal of it -officers, transcending rights belong ing to plain, bumble and sometime vicious' persons, tbat the greatest principles that we bav guaranteed to u in the Constitution have come to be reckoned so precious; 1 1 refer th Court to it own reading in his tory, it it baa not been trutLthst some of tbe vilest men, aa vile as Wilkes, or as plain as Jacques, hsv not become immortal in tbe history ol eivil liberty, merely ber etnas they were elevated from their seclusion by an at tempt made by a proud and powerful gov ernment upon rigbta that were precmu to the general mas of tb people ol the com munity : and I would ratbor try this case upon an indicimcnt against David Watkins "Monk" than the prpudestmaa . in th country. I would rather vindicate these privilege in his person, I say, than I would in that of the late President of the Confed erate government. ' . . . i Let It be known, Hereafter, as a lesson to those who aliall coine to study tbe ground and limit of civil lhwrty, that in the per son of a man as humble aa be, the people of thi government,' from on end to tbe other, became excited "over an aliolition of the grand, principle of -civil liberty 1 Those thing bave to b discussed hereafter. This Cause will b re-judged hereafter, and the theories that are to be established now will be acrutinized most closely if ever mvil lib erty ii to be restored in this land ; aa I be lieve and trust with all my heart it wilt, It j not in the power of Congress, by any meant, direct or indirect, to deprive David Watkins ot tbe trial by iurv. for anv offense committed by bim oa tb 11th of February, 1867; and whether it be ia the power of Cong-res or not Con ir res baa not attempted to do it ia this Act of March 2nd-1867. ' , ,v . . - ... I It 1 bava caught public opinion to any degree, were aoema to be an impression abroad, that when Congrea established mil itary law in March, 1867. it wss a continua tion of the law nf July 16th, 1866, and that it is all en strer.m of itailitary law. I aay mat this 1 a very loose punon indeed. I aay tbat this is an opinion that will not bear arguing, and will not bear consider. - s v- , Let tbe United State, then, run. the State government I have no objection to, it Lel it tax every meana la Ita power,, and that it wisdom maw suggest, for the pur pose of hastening th reconstruction of ibis country; but while it administers it func tion let, it not forget the organic law, which ia ita only, claim to exercise those lunctions anywhere. Let it not forget tbat it is based upon tbe principle that every man, every citizen, i entitled to b tried, for any crime with which be may be charged, by a mry, and that it ia not ia it power, direct. if or Indirectly, to pas nv Act. a nt uwt i, iu use away mese right. ' .4 . A ... . - , .,. . .... - 4 ".-mo ui It ot attainder or past farto law shall be passed." Ott uii tht V, & . t ' . ' '.' ." iliialatiAltari tin auljfeet W M ri--ilginaiyi,',if drnmgtitthprl' la i ypf pf rCiTv The reultof thi braoeh of one Im.nlrv is, then, tbat tbe legislature ieompetent to to!tet wusspeatsi. atjiiiMM' elfret, : 1st the act violate the pros vision ot the Federal Const itotion i re. nee it so inter- uperty, aa noff fere with Vested right ot pro to com within the proper limit of the law loaning povesr; or ara. unless It comes wiHiin the purview of some express prohi bition contained ia a Sut Constitution - ttj independently iitthcae eicepUonSf-re-tromiective statutes are within tbe acm ir the icgialati v authority, and that th Courtxi are i.ouna to entorce them, but that such laws, as a general rule, -are objectionable in prindple, nd onjust in practice, snd tbafl a luoiciary win give ail law a pro.spfi:tive operation oidy unto, their langua is so dear as not to be susceptible of mny otbwr ent ruction.", - - r I have gone further than tbt, but I need iwty t tr Sefflck's Uno age; that it i competent for th kwi-. latum tops restrospectiv acta, hlet$ ibey b rj( ' A., but Congress I cannot usm any retrospective ait thst is an1 is w Yfnet la. By tjcfwtifarto laws w mean lawa stilting Crimes, takmfr a-T , A -:... z.Ji M i.j. :i.V . 1 fiw, ui ixicit lltU WUtl fQ gard to ibt crime ; , ' Tbeudge Advioate ay-ttiriy esnoot be tried in Combr1art?r- Co.. but thpn k. HWtlm mm-B-ii; mmu llltHl ' IB a partu. utaT sVjuuty, Tie "niay bav tb case removed. : .. - NorthiCarolina baa had no opportunity to pSnlsh ,tliiPseTnen, tii ihe finperkir Court wa cot allowed to tinlA its deiihera Ttofil'tSSHTlreTnfy 8T Ctaiu5SJ--jl-j)ljttB, der vnMiUryaarvdillance. I am not blaminv the military for so doing, but it is germane to . any, in answer to tb cbarg tgiiest Nnrtlr Carolina, -that she would not have dona just ic to tliese person that ah baa not 1 bait an. opportunity; bocaiissth only tribunal, tliat,,lia jurisdiction of crime of tbi magnitude, bad not yet met in tbia county, or, if it bad met, hail not adjourned bad not shown whitt it would do. The very machinery, that North Carolina basset up, and that lias been set up all ove? thi country, for tlie puruo'set oil administering justice, irrespective" of local prejudice, bad not yet passed ujon 11111 oncuee; and it is a very hasty tbiog, and thing that doe tb State very great injustice, to aay, before aa opportunity of tnat sort wa allowed, that th Btata wiiuu not bav been jost as to these penoni. NEW ADVERTISEMENT! JOU.X ,T. DCWtESi:, , Attorney at Law and Register in Bank ruptcy, tTT-UX PRACTICE IN ALL TUB tVURfo V except tbe bankrupt Court. ( lft1o iu the .Vttttddrd buiUlnig. - llaleiKh, tlept t m 8m MEALl MI'AI.lt WIULlt! 200 fremHEl'H MKALl WUr nmn'i' b tT PRIME WHITE CORN.jj Juat reoeived bv - , flept. trtMr-tf 'DOUGLAS BELL. 1807. 18G7. CII11AIV aUIOIIT. SUPERIOR IER0SEUE OIL. - Lamp of all kinds, Lamp ( lilinnsva, mJ Wick. UUCansv t. llltuWw, . lialeigh. Heps. at-OS-if w ith Hart i lmm. WI.ST1W, OR LI IK AH IT IK. bt R1WAI.1R wirxF.u MrrtPiiT. SPLENDIPLT PlllKTED, and nicely bound in eloth. l'rlee M.75, This ia scharmiiig NEW BOOR, by s young Southern author. Just received and for a by 1 BlIANHUN FARItAU k CO. & 2l3-lf 1 , JJookseUera, Kalei((h, N. 0 " .-if . .... . . ( ST. MAUJt, j!- YENTKiritjmST & MAGICIAS, Falrjr l.iuid, Chiuvao, lutiiam and KlpHn, Ivljsl'eric. DANCE OF FAIRY CHILDREK. ' - For particular, Admission, As, siai tills. , Btpt. 21-, tf ' t . ( 4. IiritVr.A'8 ItF.I'TNFD MAIZKNA pnjre4: from the beat White Corn. ' ,...'-.. -.w PLLLIAM, JONES A CO., ijiip. 13, 14)7. , WlioleaaU (irumrr v SIRilt COW, . ABOUT a-.k sens light r-d (WW, wiilioot horns, with a calf about mi luoiiflm 0J1L atrayat fnirni the N. i Institution Ac DeafW) Dumb ami the lilind. Any information lil them will be amiably rewartled npow s).plieatu to me at tbe lumitution,. . . 1 Apt 9-7-f . ' is- jame.s a. "men, A- Java coFrr.r. A Tew riAOd op ritiMR un (,ov. jm tyit'oe, in paekares to suit FaiHou-a, ritwivft tonlav. - HeptStK-SiS-lf lK.)lOI.t KfLL. QnriME i cut jei. .checsk i Jnat ronetyn.1, s lot of Knijlish Hairy am! 1" toryrjmet.. - . aalv hy :p 20 tlr H. p. YV1U.1AM80N t IV. : : K . ; r : AllnOX SALK. rxt jtrtlity, Hoptemiier i mt. WILL tlE HOLD AT.TOWLEH' Al'lTK'N. 'sale to ivanm-ni-e at 1(1 o'eba-k, --en -hogany OFKll-'K tnluK, and one MaineHk Trunk, full of yaiuabtts, to satift- If. biii Also, other goods. JAMIX M.'TOWI ti, Bept aU-3-Ul Aucbiawer. fEITF.imtKK ltb, 167. Ol'R ST 0 C rlvf0 HFLtTI. LARGEST ! BEST!! CHEAPEST !H t ADiEsvbuEsa coons " I ' AJ ., ;, ls SAXIHf'HTlXE. " PRINTS t PRIXTSIt TRKTS!!! " From Me. per ysrd sn.l npssnl ' V- - - - ',-" -; I1EETI.G AHV S1IIUTIXG3, ,.'.VT , ,- - from 10c. snJ ujisuA XTVcAPra-T)F SUOES, For Men, Woait n sjid ISoya. In oi iKiusi; l sfWVs.-- ' .- '. - -. . "i - HAtSl HATS I! HATS!!! ,.. ,, . .'. AH rHieltet stykni awl qnaliiw-i UUUUELlAS, - Rl'XKS, Gf.fJ YK5 : t.i .V IIAXDHEIICTIIEF. HANDKtr.l II All lt.l arrtvn,nmrro.t H-arr-V -Will move in three winks to Si-w ? w-tf rsr; n.' a e: ..tlt i j Jo the FarmeT of ,Korth Caro!.: , . ir I1IU WAJT I'LIiK Y , IICnilCUT A. IIiIBSTO. COTTOX, CRAIK AND TOBA.'1 1 tiilllmoi-o, Il. . Prt 20 iia-sn - ' r 1 . 1 Vs. '
Daily Sentinel (Raleigh, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Sept. 21, 1867, edition 1
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