Newspapers / American Advocate (Kinston, N.C.) / Aug. 16, 1855, edition 1 / Page 1
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Tins ABSSi"-. ii Tr ftnnuwi " m T711UI7 LLMJl U JT7mi mn be mserteu for the first 1U' vortiroentsW- '7'- he viU be con- , l-f&tion desired ;oic cordhigly yearly adver- d Judicial ,!KSS S ill be tisers1 Co urt Orders an than the foregoinrates. 1-3 per cent.' higher frar "Principles. . uaA. J t.f,wtrfne that no for- intain u -wive the United him to be nbued with v,me acquaint r duntil he ghall have 1 i T IP I II lllVyliyiJ " . U of ourcouwr. of a stringent we siiaii ou v f - Kithpr nr " 7 U tfco immiir iA-ation hither, of law i.v Congress to pre-"- - " J"- r:" aue or criminals, r Wiimers, vsuu a wll;ch ther come, au ners, who are ?. 1 back to uuv T no maV, in violation oi . J . ...v.mtriAS iroiii uiw J. ' a i.;i-n. v. dasscs as may, in uui---:llCh law, hereafter roach ou p demand lrora " 1 A- lW) liiu, "-" T l nsident of the L mted .lie Pi .,,,1 kuHpt such classes i:1v govetnraeuw "-7-; ' d a;p;e satisfaction jot -iiifr iirj.v aiii . .lid Oui'".,c - r- tition thereof. election or appoint- TAiW. H'cshan op office 0f W ,;it of MTJWSV" Federal or State gov- f Mri7iii iaf iw r mi tier ho-,roremom.u ur.. emistment of such ..rti-ncnt, or . " rt r mi III 1 1 . " r:' , W Ji)r Cit. tainmg', as int'f S. SSsSSlEtti " riSht to govern 3 of the 0a1w.11 01 ;mm imnts from izons the land of their ouuu , r " " nio -cnt of life, 1 r thp r birth ; ana mat aii abroad sli Aould be content with the enjoym SllOUlU Oe CUUtcu. without , t r,.lr ir instituiioi Wh ana Prup t Ministration, 1 111.1 I 1 1 LI yjLMAm ' 1 . -v 1 T"I H'lllM II- I ir LUV - - "State nrovernments, as -J . binding foree of f, ' SSSon of the United States, as paramount to -dl S Kitious of adhesion or allegiance to any for dprSS. power, potentate, or authority, whatever, uuderaDvandallciwuinstances. KV Ve shall maintain the doctrine that no one ,JU". ..r i,;J T-;.m has the ridit to admit to je a citizen of the . a. 1... 1 n.T ivci fj.N2. uiauo u , .,or,ni;n r to the umtorm rule of SSFby Congress; under the pro visions of the Constitution. jth We shall oppose, now and, hereafter,, any -woi of Church aad State," no matter what class ol reiKioiiists shall seek to bring about such union. V-Wi. We shall vigorously maintain the vested ri-lVu of all persons, of native, or orwgft birth, and stdl at all times oppose the slightest interference with such veatedri jhts. yi-r'ith. We shall oppose and protest against all nhniPnneut cfrelarious hbc-.-ty, holding it as a cardi ng maxim, that re'ipou faith is a question between each individual and his God, and over which no polit ical "overumo;it,or other human power, can rightuiLy - tixereise any supervision or control, at any time, m xuiy place, or in any 'form- V -Ninth. We shall opp'iseall " higher law" doctrines, by which the Constitution is to be set at nought, vio " li.'ted. or disregarded, whether by politicians, by rehgr . by any other clas of persons. r " Ti'nth. We shall maintain and defend the Constitu tion as it stands, the: Union as it exists, and the rights of the States; without diminution as .guaranteed there by: opposing at all times, and to the extent of our ability and influence, all who may assail them, or ei ther of them. ' Elevcnti. And lastly, we shall use our utmost exer tions to build up an "American party," whose maxim shall be : Americans shall rule their Country ! PLATFORM AND PRINCIPLES. TIIE PLATFORM AND PRINCIPLES OF THE ORGANIZATION. . L-TIie acknowledgement, of that Almighty Be ing, who rules over the Universe; who presides over the Councils of nations who conducts the affairs of men, and who, in every step by which we have ad vanced to the character of an independent nation has distinguished as by some token of Pro idential agen- II. The cultivation and development of a senti ment of profoundly intense . American feeling ; of usionate attachment to our country, "its history and its institutions ; of admiration for the purer days of our National existence; of veneration for the hero ism that precipitated our Revolution; aad of emula tion of the virtue, wisdom arid patriotism that framed our Constitution and first succesfully applied its pro visions. - III. The maintenance of the "nnion of Apsa United States as the paramount political good ; or, to use the language of Washington, " the primary object of patriotic desire.' And hence : " 1st Opposition to all attempts to weaken or sub vert it ix. j ncomproimsmg antagonism id every pnnci" pie of policy, that endanger if: 3d. The advocacy of an equitable adjustment of ... i"miniu umucuu: niiiuu tureaienca lis integrity or perpetuity. 4th. The suppression of all tendencies to political division, founded on " ffeozraDhical discriminations. or on the belief that there is a real difference of inter ests and views" between the various sections of the Union. - iUh. The full recognition of the rights of the sev eral btates, as expressed and reserved in the Consti tution ; and a careful avoidance, -by the General Gov ernment, of all interfence with their rights by legis lative or executive action. rv-.Obedience to the Constitution Of these Uni ted States, as the supreme law of the land, sacredly obligatory upon its parts and members ; arid stead fast resistance to the spirit of innovation upon its principles, however specious the pretexts. Avowing that m all doubt or disputed points it mav only be le gally ascertained and expounded by the Judicial cow er of the United States. - "pow And, as a "corollary to the above : ,1- A habit of reverential obedience to the laws wnethcr National, State, or Municipal, until they are cither repealed or declared unconstitutional by the proper authority. . ' 2. A tender and sacred resrard for those acta of suuesmansiup, which are to be contra-distinguished from acts of ordinary legislation, by the fact of their and so, to policy. bs considered a fixed and settled national vi v.junjiicus auu agreements ; XT 4 1" . . y raaicai revision and modification vf fh ilaws regulating immigration, and the settlement of immigrants, uilefing to the honest immigrant who, -from love of liberty or tired of oppression, seeks an (asyium in tne una ted States, a friendly reception and protection. Uut unqualifiedly condemning the trans- uijjvMvu buura, 01 leuons and paupers. f J; VI. The essential modification" the Naturalization jjaws. -.' The repeal by the Legislatures of the respective bums, ui iaws allowing foreigners not nat- r raiizea 10 voie. 1 . The repeal, without retrocative operation, all acts . f Congress making grants of land to unnaturalized i : ners, and allowing them to vote in the Territo- VTI. Hostility to the corrupt menus I aders of party have hitherto forced upon us our AD tre of twelve lines icre '"'Lg insertkh. sJl f n.l 35 cenU for each eji- 1 n I VOL. 1. TmDlicable enmity against the prevalent demoraliz in" system of rewards for political subserviency, and of punishments for political independence. - Disgust for the wild hunt after office which char acterizes the age. . These on the one hand." On the other. Imitation of the practice of the purer days of the Republic and admiration of the maxim that office should seek the man, and not roan the office," and of the rule that, the just mode of ascertaining fitness for office is the capability, the faitlrfulness and the honesty of the incumbent or candidate, VII. Resistance to the aggressive policy and rupt tendencies of the Roman Catholic Church in our country by the advancement to all political sta tions executive, legislative, judicial or diplomatic of those only who not hrtd civil alUgiance, directly or indirectly; to any foreign power whether civil or ecclesiastical and who are Americans by birth, edu cation and training : thus fullfillihg" the maxim, "Americans only shall govkrn America." . , The protection of all citizens in the legal and pro proper exercise of their civil and religious rights and privileges ;- the maintenance of the right of every man to the full, Unrestrained and peaceful en ioyment of his own religious opinions and worship, and a jealous resistance of all attempts by any sect, denomination or church to obtain an ascendency over any other in the State, by means of any special com bination of it3 members, or by a division of their civil allcgiiuice with any foreign power, potentate, or ecclesiastic . ... IX. The reformation of the charter of our Na tinual T.7islature, bv elevating to the dignified and responsible position, men of higher aspiration, purer morals, and more unselfish patriotism. . X. The restriction of executive patronage, es pecially in the matter of appointments to office so tar as it may Jae permitted by the Constitution, and consistent with the public good. ' XI. The education of the yodth of our eountry in schools provided by the State ; which schools shall be common, to all, without distinction of creed or party , and free from any influence of a denominational or partizan character. And, inasmuch as Christianity by the Constitutions of nearlv all the States : by the decisions of the most eminent judicial authorities ; and by the consent ot the people of American, is considered an element of our political system ; and ascne noiy riuie is ai once the source of Christianity, and the depository and fountain of all civil and religious freedom, we op pose every attempt to exclude it from the schools thus . 1 t T 1 -L 1 f A A estaonsuea in me oiaies. XII. The American party having arisen upon the ruins and in spite of the opposition of the "Whig and Democratic parties, cannot be held in any manner re sponsible for the obnoxious acts or violated pledges of either. "And the systematic agitation. of the biavery question by tiose parties having elevated sectional hostility into a positive element of practical power, and brought our institutions into peril, it has therefore be come" the imperitive duty of the American party to iuterkre, for the purpose of giving peace to the coun try and perpetuity to the Union: And as experience has shown it impossible to reconcile opinions so ex tre'me as those which separate the disputants, and as there can be no dishonor in submitting to the laws, the National Council has deemed it the best guaran tee of common justice and of future peace, to abide by and maintain the existing laws upon me suojeci 01 Slavery, as a final and conclusive settlement of that subject, in spirit and in substance. And resrardiricr it the hiahest duty to avow theii opinions upon a subject so important, in distinct and unequivocal terms, it is hereby declared as the sense of this National Council, that" Congress possesses no power, under the Constitution, to legislative upon the subject of Slavery in the States where it does or may exist, or to exclude any State from admission into the Union, because ats constitution does or does not recog nize the institution of Slavery as a part of its social system ; and expressly pretermitting any expression of opinion upon the power of Congress to establish or nrohihit Slaverv in anv Territory, it is the sense of the National Council that Congress ought not to legislate upon the subject of Slavery within the Terri tories of the United States, and that any interference hv Confirress with Slaverv as it exists m the District of Oolnmbia. would be a violation of the spirit and intention of the compact by which the btate of Mary land ceded the District to the United States, and a breach of the National faith. """ XIII. The policy of the eoveniment of the United States,' in its relation with foreign governments, is to exact iustice from the strongest; and do justice to the weakest ; restraining, by all the power 01 tne govern- ment, all its citizens irom intenerence wun me inter nal concerns of nations with whom we are at peace. XIV. This National Conncil declares that all the principles of the Order shall be henceforward every- where openly avowed ; and that eacn mem per &uau b nt lihprtv to roakH known the existence of the Order, and the fact that he himself is a member ; and it recommends tkat there can be no concealment of the places of meeting of subordinate conncile; E. B. BARTLETT, of Ky., President of National Convention. C. D. Deshler, of New Jersey, Corresponding Secretary. Jas. M. Stephens, ofMaryland, Recording Secretary: - TCratvs. Gov. Trumbull, of Connecticut, on the occasion of a grand riot, ascended a block, and at tempted,, by a spoech, to quiet the people ; when f random missile hitting him in the head, felled him to the ground. He was badly hurt, and as his friends were carrying: him into bis house, bis wife met him at the door, and exclaimed : "Why, my husband, they have knocked your brains out !" ' "No. thev hav'nt. ' Kaid the Governor, "if I'd had any brains I shouldn't have gone there.' ' FoLivowiNG the. Lord. An itinerant preachet re cently travelled among the north-eastern counties of this State. He was mounted on an animal whose ap pearanee betokened very bad keeping tEe mere frame work of what had once 1 been a horse. lUdirig up 10 the door of a country inn, be inquired of the landlord the distance to the next town. The host coming out. was so forcibly struck with the appearance of the animal unon whiVh th nuerist sat. that he waiKea around him twice before giving the desired informa tion. He then inquired : ' . "Who might you be, if it's t fair question?" "I am a follower of the Lord," was the answer: "Follerin' the Lord, eh?" demanded the host, "Well, 1 11 tell you what it is, old feller," (eyeing the horse again,) "there's one thing certain if -yu stoP often on the road, you'll never ketch up with that are hossl" tW A chaplain at a State Prison was asked by a friend how his parishioners were. "All under conviction," was the reply. "Ah !". said a mischievous wag to a lady ac quaintance of a proud, aristocratic caste, "I perceive you have been learning a trade." "Learning a trade!" replied the. haughty dame looking needles and pins, "indeed you are very much mistaken. . "Oh!" said the wicked wag, "I thought by the look of your cheeks that you had turned painter !" The wag slid instanter the lady saved herself from fainting by drinking a glass of water. - . u ; 1 Rill re Ad American Policy for KJNSTON, N. C.j THURSDAY, AUGUST 16 1855; isiilteiiLfinitiL', From the Arator. Work for August. Heretofore, in, .North Carolina, August has been a kind of holiday month with the armers, because the corn and cotton crops were generally 'laid by" early in the month, and little else than grubbing and hacking bllowed, until the time for gathering fod but a great and important der came on change has taken place, and circumstances are widely different in many, and, we hope, will soon be so in all sections of the State. Now, the laying down of the plow and the hoe is the signal for the taking up of the spade and shovel and cart for collecting materials for the compost heap a work of paramount importance in the system of im provement, which is to renovate worn-out ands; and place North Carolina in the ore-ground of the great agricultural States of this mighty Republic. Let, then, every armer and planter, large and small, adopt the system at once, and go at it with a firm resolution and patient perseverance which march onward and onward, "from conquer ing to conquest," until, having surmounted every obstacle, success shall crown the bloodless triumph until Ceres shall be come 6ur presiding goddess, and, from her capacious cornucopia, scatter everywhere, to every inhabitant, in bountiful profusion the rich and (varied products of the fruitful earth. But this is the first of the month, and the cultivation of our crops is not yet com pleted. , j - ' - The Late Corn, probably, ne'eds another plowing. If so, hasten its completion, and, in the language of our elder cotempprary, the Georgia, or "Southern Cultivator," let it be carefully "finished with" the surface tt ! -1 f ' t J nr i open, mellow ana iree irom weeas. auucii more depends upon leaving the corn in this condition, when it is about tasseling, than many careless farmers imagine: The Cotton i is rather more backward than .usual,! and, in some instances, it may i be. necessary to sweep i it over. Let this work also be done wellj and without delay. tn destrov all the weeds and grass; and all leave it in good condition for clean picking, which should be commenced as soon as the bolls begin to open freely. Turnips may be sown from the first, to the last of this month, but the main crop should be in by the 14th. The Ruta Baga, the most valuable for stock, but little culti vated among us, should have been seeded from, -the 20th to the last of July ; but it will come if sown early in this month Sweet Potatoe. It would pay veil. to go over the field, loosen the vines, where the runners are taking root this,rainy wea ther, and scrape out the weeds and grass, . . ., i ' 1-J Jnl1 V-x0 j-gmng tne vines a cnaiice iu. uia.c, iuix pos session of all the ground. Uur Georgia coadjutor strongly recommends .tne cut ting and setting out ymes tor ' the" produc tion of nest year's seed; C ' '4 Hay. !-A great deal of good nay may saved in low, flat, uncultivated places, in side of the regular meadow, which would help out in a long, lingering winter. ; Clearing. Let as little oi tnis as pos- i L . . . . - r sible be done, except the clearing up oi branches, creeks and "swamps overrun, with briers, brambles and' bushes, within your enclosures. But put your whole clearing upon the work of Collecting Materials for Compost Heaps, to Improve1 instead of Clear., This is sl work of the greatest importance to every tiller of the soil, alad should' be adopted j aiid commenced, and henceforth vigorously and perseveringly prosecuted, as a system. The worn and impoverished condition of much of our valuable land, im periously demands it; the success of our Edgecombe farmers,; who have tried it for years, demonstrates its virtue in improving the quality and value of the land, and in establishing prosperity, independence, and happiness, where adversity, poverty; and discontent reigned before j it has been de layed too ldng by the farmers of Other sec tions; and there is an additional .very strong and pressing reason (if other rea sons were necessary to bring our people to a sense of their interest,) why it should now, forthwith, be commenced;' It is this: the abundant and fertilizing rains which have everywhere been; showered upon our" growing crops, are producing a luxuriant growth of vegetation; and taxing the strength of the soil to an unprecedented extent. We mtty rfely upon it; if; the labors of the husbandman are crownfed with a su perabundant harvest, the land which yields it will be -unusually impoverishe'a by the Avtrflordinary effort. Its fertility will be i.-.Jawi in tSTOTiortion to the amount of eiiiauBiw i x nourishment it gives to 'the crops taken I aii American People. from it; and, moreover, there have been many washing rains during the season. which have carried off much of glhel cream of the soil from valuable fields which were not protected by judicious hill-side ditching and horizontal cultivation. All this must be restored, and provision made to guard against losses or damages that may be prevented, in future, as' well as to keep up a gradual and constant "improve ment of our lands, , To this end let all your disposable forc3be now directed to hauling muck, rich earth and leaves from the woods, ditch-banks, scrapinars from the corners nf the fence and roadside, weeds and all kinds of collectable green substances; as well as animal manures, to the compost heaps. Let these heaps be large and numerous located at convenient points in every fielk, to pay back what the present crops take from the land", with usury: Now' is the time; to make rich compost heaps, without the necessity of resorting to foreign fertilizers.j Supply your heaps with a large proportion of green vegetable matter, suffered to lie in bulk until the process of decompositibrj commen ces before composting give every layer of your pue a noerai spnnKie oi asnes, and work in it as much stable, hog-pen or cbw pen manure as can be secured then cover the whole deep with .earth taken! from the base of each mound and a manure rich in every substance that the soil requires will be formed. We shall not have! to recom mend and urge this plan again upon those who will once give it a fair trial: on6 year's experience will be sufficiently convincing, i From the American Farmer, j Agricultnral Improvement in North Carolina 4 JCarboro', N.C., June loth, 1855. TGjhe Editors of the American Farmer : j Gentlemen : The past decade has wit nessed a wonderful revolution ifi the agri culture of our State. To this county, (Edgecombe,) is, by general co-nsent, con ceded thb compliment of having get the ball in motion, and the spirit of improvement continues its progress slowly f-but surely. Another decade, and I trust ij; will have reached every county in the State. The oriain of this movement has been ascribed to various causes, to thereadmg of agricultural papers, to the w6rn and ex hausted condition of the soil, forcing the necessity of a change or general bankruptcy of proprietors, and divers.and sundry indi viduals claim thejjredit as peculiarly their own. This last cause, be it known; how ever, excites j&' saeer Jiit the expense of the claimants; - - I have Sri opinion about this matter, which is Ipoi the opinion of a co-laborer in this greatest of reforms, and can pass only for. what it. is worth. It is sufficient to say, that I . believe it is true, and can give fair reason for my belief. Mr. Ruffin's Essay on Calcareous Manures made its appearance in 1834, and what was then stated about Eastern Virginia, was alike applicable to Eastern North Garolina: Some few (not more" than half a dozen) gentlemen of the old school, were subscribers to the Farmers' Register, and the appearance of the essay caused . them to try marl, which abounds in every section Of our county, This occurred while I was yet a school boy, but I well recollect the talk it excited, and the effects produced. There was so many, if not more, failures than successes, consequent, upon its use, from j inexperience, and the excitement died awa-. Some, how (fver, persevered, and tlie observation of a few years satisfied them that Mr. Ruffm's theory was ' in the main, correct. This, then, in my humble opinion! is the origin v of the great change which his taken place in our agriculture, and 'to Mr. Ruffin is due the compliment of having brought it about. The use iof nlari is the base upon' which the subset superstructure has been raised. The; use Sbfe cottoh-leedr 'ashesr ditch-bank; low grou deposit, and the composting system rgelally, are the offspring of the use of rrj'agJ'V The hauling of marl induced the hauling ' of '.-Cither, materials. The culti vation of cotton haincrfased the resources,, (and a most valuable one; it. is;) each hun dred pounds yielding two and a half bushels sowed for the compost beapj The system of compost manuring, .mhicfi is so common in this countyv anddj5iii counties, which I am persuaded ;ffljtfjei; ginning in the use of marl, did hp0eemi general till within the pastJ compost heaps in the spririgf .yjar: ar the very best evidence of. the- implying man. and on forty or fiftrplantatiohs,, in this county, the amount annually, applied Js enormous. Several that I know, of, have this spring applied over fifty thousand loads of five bushels to the lo;e!imp5 e ment in the appearance of i the soU, thejn creased product, and the high: priceot lad- in Edgecombe, tell their oVntale'r- - :r. Eery respectmiiy, j - -e , Your obedient servant, U - John S: Dancy. :'ff':V- ' NO. 10. From the Washington Union. The Wheeler Slave Case. It is unnecessary to invite the attention of our read, ers to the opinion wich is given below by Judge Kane, of the district court of the United States for the eastern district of Pennsylvania. The opinion does honor to him, both as a jurist and a magistrate. It has too long been assumed by the half-insane fanat ics who, under pretence of philanthropy, are doing all they can to hurry the country into civil war, that in the pursuit of their criminal obiecta: thev mav not. only murder with impunity the ministerial officers of jubuu-, dui aiso perpetrate at discretion any amount of perjuiy and subordination of perjury to obstruct the course of justice in the courts. Thank Tleaven ! there is, in Pennsylvania at least, enough of public virtue left to stem the tide of falsehood, and crime, which threatens to overwhelm other Northern States, in which the public rhind seems to have become utterly debauched with inegro Beyond the salutary influence of Judrf "Kanp'si dp. cision in this respect, is the importance of the rhain question involved, which is, whether the citizens of one nail ot the Union can or cannot pass by railroad or steamboat throuffh the other half of the T7n'on without being subject to highway robbery, under pre tence that the legal relation of master and servant is local to the State to which the master belongs, and cannot follow him into or through any other State. It has been decided iri some of the States' that if the master goes with his slave voluntarily to reside into a State where slavery lias ' been abolished by law, in such case the slave becotnes. entitled to 'free dom if he choose to claim it. Quite recently, an at tempt has been made in JN ew York to extend j this doctrine to the case of a slave whose master merely passes through the State, in transit for ajiother State or tor a foreign country .we allude to the Lemmon case, now in litigation between the States of New York and Virginia, . The same question, it appears, is now raised in Pensylvania, in the person of Mr. VV heeler. . vY e cannot doubt how it ouerht , to be de- tided.1 Judge Kane declares that he is not aware of any statute of Pennsylvania which affects to dives the rights of property of a citizen of North Carolina, acquired and asserted under the laws of that State! because he has found it needful or convenient to pass through the territory of Pennsylvania ; and that he is not aware that any such statute, if such a one were shown, could be recognised as valid in the courts the United States. -,. i- It was, indeed, long ago held by the supreme court oi irennsyivania mat tne slave did not become eman cipated by the mere transit or even temporary sojourn of the master in Pennsylvania. It could not be other wise ; for, if it were, then that clause of the Con stitution by which the States stipulate each i to the other that "the citizens of each State shall be entitled to all privileges and immunities of citjzens of the sev eral States" would be a mockery and a snare. ; The State of New York has no more constitutional pow er to pass a law in such a case, dissolving the legal tie of master and servant, as against a citizen of Vir ginia or North Carolina, than it would have to pass a law to dissolve the bonds of matrimony, as against husband and wife in transit through New York. The abolitionists, iri their stupidp hrensy,have asumed that this clause-of the Constitution prevents the State of South Carplinaror Louisiana .from enacting police regulations concerning negroes from other States on board" merchant ships, although several of . the aboli tion States hav passad police regulations of infinitely greater rigor against whole classes of white men, whose presence they consider inconvenient to the State. While it is perfectly clear that every State has full right to pass such police laws for the protec tion of its domestic peace, health, or finances, it is equally clear that no State has Constitutional power to enact laws to prevent the transit of citizens of other States, or to strip them of their rights of property du ring such transit. If the State of Pennsylvania poss essed any such power as the abolitionists have here claimed, of course the same power is possessed by Vir ginia or North Carolina ; and it may be fearfully re torted by the Southern States upon the citizens and property of the Northern States. Some of the Northern States have already afforded but too much of temptation and inducement to such a policy of Southern retaliation. It is consolatory and gratifying to see the great State of Pennsylvania , taking the initiative in a course of adjudication so eminently con; servative and constitutional, and so much in contrast with that splenetic fury of abolition delirium .which! rages in some other States : J Decision of Judge Kane.. the U. S. A. ex', rel. Wheeler vs. Passmore William son. Sur. habeas corpus, 21th July, 1855. ; .. Col. John H. "Wheeler, of North Carolina, the United States Minister td Nicaragua, was on board a steamboat at one of the Delaware wharves,, on his way from Washington to embark at New York for his post of- duty. Three slaves, belonging to him, were sitting at his side on the upper deck. Just as the hul signal bell was ringing, Passmore Williamson came up, to the party, declared to the slaves that they were free, and, forcibly pressing Mr. Wheeler aside, urged them to go ashore. He was followed by some dozen or twenty negroes, who by muscular strength carried the slaves the adjoining pier ; two of the slaves at least, if not all three, strug gling to release themselves, and protesting their wish to remain with their master ; two of the negro mob in the mean time grasping Col. Wheeler by the collar, and treatening to cut his throat if he made iiny resis tance. . . . j . ; The'slaves were borne along to a hackney coach that was waiting, and were conveyed to some place of concealment ; Mr. Williamson following and urging forward the mob, and giving his name and address to Col. Wheeler, with the declaration that he held him self responsible towards him for whatever might be his legal rights, but taking no personally active part in the abduction after he had left the deck: I allowed a writ of habeas corpus at the instance of Colonel Wheeler, and subsequently an alias:; and to this last Mr. Williamson made return that the person named in the writ, "nor neither of them, are not now,, nor was at the time of issuing the writ, or at any oth er time, in the custoday, power, possession of there, soondent. nor by him confined or restrained: wher&- Lfore he cannot have the bodies," eta ; - '.-V J At the hearing I allowed the relator to traverse this return; and several witnesses trho were asked by him testified to the facts-as I have recited them. " Th6 dis trict attorney; upon thLS..tate of facts, moved 'for Williamson's comnritjaeijtf I; for contempt in making a false return '; 2, to take' his trial for perjury. Mr. Williamson theii took the stand to purge him self of contempt He admitted the facts substafitially as in proofLbefqre made it plain that he had. been an adviser of the project, and had given it his confeder ate sanction throughout. He renewed his denial that he bad control at any time oyer the movements of the slaves. vor knew, their present -whereabouts. i .Such is tL? raseyaS'it was before.maan the hearing. ; ' tL VUUVV LUA. UVU Uiia A VVUi kM, yfuui. ww f vumu mj usbr1&4egal phrase, as evasive, if , not false. It seti out that the alleged prisoners are not now, and 'ha'i'le.VD issue of the habeas corpus, in the ciistou t "power," or possession of the respondent: 4nd itt so jgue ii nses legally appropriate language for sach a return.'; Hut it goes further, and, by added words, gives an interpretation to that language essen tially variant from its legal import. i ?;i Itrdehies that!, the prisoners were within his power, custoday; !bt ' possession at any time whatever- Now the evidence t.f respectable, uncontradicted witnesses, iind " the i adir issioa of the respondent himself, establish the fact beyond controversy that the. prisoners were tat'tine time Wityl-hisT "' t&wef and control. I He was the petsor. j whose cuflsel the so-called rescue was div(C.t Het gave the directions, and hastened to the piej to fiiimilate and Etipiarvise their execution. He was the ipc-lkesman and first actor after arriving there. Of all the parties to act of violence, he was the only THE 1AVT OP NEWSPAPERS. 1. Subscribers wlurtio not tAv flDTa notlc to th Contrary . are considered wishing to continue their sub- . z. If the subscribers order the discontinuance ouneir papers, the publishers may continue to send them till all cash charges are paid. r t 3. If Bubscribers neglect or refuse to take their pa pers from the office to which they are directed, they are held responsible untill they have settled their bill, and ordered their paper discontinued. 4. If subscribers remove to otner places without in forming the publisher, and the paper is sent to the former direction, they are heL responsible. 6. The courts have decided that refusing to take a paper or periodical fromi the office, or removing and leaving it uncalled forJ is "prima facie" .evidence of intentional fraud. ',p . . ' . while man, the only citizen, the only individual hav ing recognised political rights, the only person-whoso. social training could certainly interpret either his du- Dr the rights of others under the constitution of the land. . ". ... .. It would be futile, and worse, to aj-snie that he who . has organized and guided and headed a mob to effect the abduction dnd imprisonment . of others he in whose presence and by whose active influence the ab duction and imprisonment have been brought about might excuse himself from responsibility by the as sertion that it was not his. hand that made the unlaw ful assault, or that he never acted as the goaler. He who unites with others to commit a crime shares with them all the legal 'liabilities that attend on its com mission. He chooses his company, and adopts their acts. ' - ' i ' That is the retributive law of all concerted crimes : and its argument applies with peculiar force to those sought through the writ of habeas corpus. This, the great remedial process by which liberty is vindicated ana restored, tolerates 'no language in the response which it calls for that can mask a subterfuge. T he dearest interests of life, personal safety, domestic peace, social repose, all that man can value, or that is worm living ior, are lavolved in this principle. The institutions of society would lose more than half their value; and courts of justice become impotent for pn tection, if the writ of habeas corpus could not compel u-uui, iuu, direct, and unequivocal, in answer to its mandate. .1 . .It will not do to say to the man whose wife or . whose daughter has been abducted, "I did not abduct her ; she is not in my possession ; I do hot detain her, inasmuch as the assalt was made by the hand of my subordinates, and I have foreborne to ask where they propose consummating the wrong." It is clear, then, as it seems to me, that in legal ac ceptance the parties whom this writ called on Mr, Williamson to produce were at one time within his power aRd control ; : and ,his answer, so far as it re lates to his power oyer them, makes no distinction between that time and the present I cannot give a different interpretation to his language from that which he has practically given himself, and cannot regard him as denying his power over the prisoners now, wheri he does not aver that he has lost the power which he foriherly had. f He has thus refused, or at least he has failed, to -answer to the command of the law. He has chosen to decide for himself upon the lawfulness as well as the moral propriety of his apV and to withhold the ascertainment and vindicatioii of the right of others from that same forum of arbitrament on wnich all his own rights repose: . In a word, he has put himself rx contempt of the process of this court, and challenges its action. ' ' , . ... t . That action can -have no alternative form. It is " one too clearly defined by ancient and honored pre-. cedent, too indispensable to the administration of social justice and the protection of human right, and, too potentially invoked by the special exigency ofthe case now before the court to excuse even a doubt of my duty or an apology for its immediate performance. . The cause was submitted to me by the -learned counsel for the.respondent without argument, and I have therefore found myself at some loss to understand the. grounds on which, if there be any such, they would claim the. discharge of. their cient One only has occured to me as . perhaps within his view j and on this I think it right to express my opinion. I will frankly reconsider it, however, if any future aspect of the case shall invite the review. - It is this : that-the persons named in this writ as detained by the. respondent were not legally slaves, inasmuch as they were within the- territory of Penn sylvania when they were abducted. ' , Waiving the inquiry whether for the purposes of this question they were within the territoral jurisdic tion of Pennsylvania while passing from one State to anpther upon the nay-gable waters of the United States a point on which ray first impressions are adverse to tne argument-;-! have to say , . 1. That I know of no statute, either of the United States, or of Pennsylvania, or. of New Jersey, the bnlv other State that has a qualified jurisdiction over 'this part of the Delaware, that authorizes the forcible abduction of any person or any thing whatsoever, without claim of property, unless in t aid of legal process; ' , j .' ' 2. That I know 'of no statute of Pennsylvania which affects to. divest the rights of .property of a ' citizen of North Carolina, acquired and asserted under the laws of that State, because he has found it needful or convenient to pass through the territory of Penn sylvania. -': : i .- . , - .. d. iliat I am not aware that any such statute, if such a one were shown, could be reedgnised as valid in a court of the United States. - . . . 4. That it . seems . to, j mo. altogether unimportant whether they were slaf es or not. It would be the ' mockery of philanthropy to assert that, because men had . become free! they might therefore be forcibly abducted. i j i . . : . , I have said nothing of. the motives by which the respondent has been governed ; I have nothing to do with them ;, they may give him support and comfort before an infinitely higher tribunal ; I do not impugn them here. Nor do I allude, on the othcr hand, to those special claims upon our hospitable courtesy which the diplo matic character of Mr. Wheeler might seem to assert for him, I.ani doubtful whether the acts of Congress give to him, and his retinue,' and his property, that protection as a representative., of the sovereignty of the United States which they concede to all sover eignties besides. , Whether, under tne general law of nations, he could not ask a broader privilege than some judicial precedents might seem to admit, is not necessarily involved in the cause before me. It is .enough that I 'find, as the case stands now, the plain and simple grounds of adjudication that Mr, Williamson. has not returned truthfully and fully to the writ of habeas corpus. He must, therefore, stand committed for a contempt of the legal process oi tne court. - As to the second motion of the district attorney. that which looks to a committal for perjury, I with- , hold an expression of opinion in regard to it . It is unnecessary, because Mr. Williamson being under arrest he may be charged at any .time by the grand jury; and 1 apprehend, that there may be doubts whether the affidavit should hot be regarded as extra iodiciaLand voluntary., ; . ' ". Vii-ir. -irr.,1. 7 At ' .' ' i t ... . uej. iur. w nnamson, tne respondent, -De committed to the custody of the marshal without bail or . main- prize, as fpr, a contempt of the court in refusing to answer to the writ of habeas corpus, heretofore award- eu agtuusi, nun at tne relation oi jar., w neeier Mr. JGiasmus N. Perterson has beeti appointed Postmaster at Weldon, in place o$ Mr.' .Walter N7 Allen, resigned. This ; Mr. Petersiy ; ivi'ii hits thus been endorsed as worthy of the confidence of the pre sent administration, became disgra'ccfully notorious during the last Presidential canvas, as, ihe author of ' a letter to the Hon. Truman Smith, acting forth that there were certain Abolition Whigs in North Carols na, who hesitated about voting ..for. 'Geo. 'Scott, and requesting Mr.' Smith to send him some abolition Whig documents for distribution among them, repre senting himself as a good Whig who desired the su cess ofthe party Mr, Smith handed the letter over to the Hon. Edward Stanly, who exposed the trick." The only wonder is that Mr Peterson, who had thus giyen evidence of his expertness and aptitude, in per forming the dirty work of the party, has not received some mark of favor from the present dynasty ere this. If the object of the administration was to secure some one who was death against the Know Nothings, theyv have secured their man.. It is as natural for him to detest them, as for vice to hate virtue. . He is a wor thy recipient of the favors . -of .the powers now at Washington. Norfolk Beacon;' "... , 8
American Advocate (Kinston, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Aug. 16, 1855, edition 1
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