"WEEKLY EBA.
THURSDAY, MARCH 0, 1873.
,. - - -.I, w
FURTHER FROM ALAMANCE.
It is due to those who have passed
awav martyrs, to the union cause.
to those who have since cast their
destinies with its progress, to all
who were ever identified with its
vicissitudes or final triumphs, and
to the next generation, that the
gtory of that Cause in this State be
told in a plain, unvarnisnea way.
while there is an opportunity for
criticism and debate.
SUPREME (JOURT DECISION.
Legislature v. this Governor ' Appointment
1 -The
people ex. ret Xicholt et at, t. McKee
et al f -
The tUeory of our State government is,
"that all. political power is rested in and
derived from th people." Con. Art. 1,
Sec. 2. The Constitution is their errant
4. In the next place we are to enauire
whether the Directors of the Insane Asv
lam. Deaf and Dumb Aymm, Peuitentia
rj, &c , are officers : or, whether they are
onlj servants, employees, or contractors of
the State. The arguments upon this part
of the case were exhaustive, and the cita
tions of authorities abundant. The learn
ed counsel who insisted that tbev are not
Oar conclusion is, that the Legislature
has no power to elect; or I appoint - any
officer in the State, except its own offi
cers. Nor has it the , power to provide
for the appointment, or election, of any
officer, whose office now exist, or which
may hereafter be created ; so as to take
the appointment away from the Gover
nor ana senate, or other raoDOintim?
cotemporary
Tho ! Parte nf Rprpnt Ku KIlJX I willing as I am at any time to
I ne ! racts ot neceni iu imua jabor Into other handg,
lliitpap: hRTan snea. ir any De deemed worthier lortne
7 0 -
3IESSRS. 3IURRAY & GANT
Ladies of the County Alarmed.
THE OLD THREATS OF
DEATH! DEATH I DEATH ! I
task. I am impelled to move and I
will press the undertaking to as
early a conclusion as the truth and
testimony will permit. With this j
immediate aim. I again invoke
the aid of every citizen of my na
tive State, relying upon a Stronger I
Arm than my own to direct my en
deavors to complete so important a
chapter in the history of the good
uia JNortn state.
JO. W. IIOLDEN".
State Papers please copy.
or powers ; and It is the only grant which of some portion of the sovereignty of the
they have made. "And all powers not State ; and an officer to be, one who exer
tberein delegated remain with the people." cises some portion of the sovereign nower.
Art. '4, Sea 37. Tb;s last clause will not I Take that to be so, for the sake of argu
be found in. the) former Constitutions of I ment, or put it in another form, and sar.
officers, defined an office to be a lodgement I power ; or the election away from the
K. K. K.
7b the Editor of the Era :
I see that Colonel Gant and Mr.
Murray have risen to a question of
privilege in reference to an article
in Saturday's Era signed M.
Now whatever Colonel Gant may
say, the facts In the article referred
to are nevertheless true, as can and
will be attested by as good citizens
as live in the State. There are
other outrages that have been com
mitted by this same gang that were
not mentioned in said articIe.VT
have been told by good men thai
the ladies in the section referred to
are so alarmed that they are -afraid
for their husbands to leave their
houses to attend to the ordinary
business of their farms.
This crowd has frequently in the
last few weeks, in the night time,
visited and so terrified peaceable
citizens as to drive them from their
homes. They on one occasion went
to the house of :, a quiet
and peaceable citizen, and used
every means to decoy him from his
home, and threatened his life.
There are other instances that can
be shown if the Superior Court
Clerk will furnish you with a certi
fied copy of the records. It will be
seen that the Grand Jury has taken
notice of some of them.
Col. Gant reminds me of the rep
resentative of this county in the
years of 18G3-'70 when outrage
Speech, of Mr. Trivett,
OP ASHE,
In the Mouse, February Zoth, 1873,
on the Ku Klux Amnesty BUI,
Mb. Speaker: This bill propo
ses to grant amnesty and pardon to
all persons who may have commit
ted crime at the instance of or at
the suggestion of any secret polili
cal organization, the number and
purpose of which I know but little
having never belonged to any and
never expect to. and I think that
sound policy condemns alike all
such organizations in a Republican
form of Government ; and that said
policy makes no distinction be
tween crimes committed at the in
stance of our own wicked hearts or
at the instance or will .of others:
Any offence is crime, look at it as
you may, and crime being the arch
enemy or society, Governments
are formed for the protection of so
ciety, and society is fostered for the
preservation of governments, and
that the policy of the law may be
carried out, and civilization ad
vanced. In every Republican form
of government there is of necessity
a legislative branch to which the
right of legislation belongs and
upon whose action the preservation
of society and the protection of
Christianity depends.
Now, Mr. Speaker, in the propor
tion that the punishment of crime
is made light mitigated, or pardon
for the same granted the standard
of society is lowered, and the laws
of Jehovah, as delivered to Moses
on Sinai's firery mount, are re
pealed by men and set at nauarht.
and the permanency of government
threatened. Truthful history bears
testimony to the fact that any gov
ernment which thus winks at
crime, is destined to faj.1 to the
ground. Now this bill pre-supposes
the existence of crime in this State,
but its advocates claim that the
same has been committed by or un-
me state, ine constitution men pro
ceeds to divide the government into
three departments i Legislative. Execu
tive and Judicial, and makes a grant ot
powers to each i department, under its
appropriate head, and directs that they
shall be 'forever separate and distinct
from cch other.1 Neither is superior or
inferior to the other, but each has its ap
propriate junctions, ana in the exercise
of them, is independent and supreme. To
the Legislative department is granted the
power of making 2 ; to the Executive
department the power of executing laws;
and to the Judicial, the power of ex
pounding the laws.
It is tree that their several functions
sometime shade into each other as do the farther; because, the constitution notonlv
colors of the rainbow i but still they are male them officers, but in express terms
distinct as where the Governor appoints call them officers which seems to have
and the Senate Confirms ; or where the been overlooked by the learned counsel.
Governor fills vacancies in the judicial Art. IIL, sec 7. "The officer of the Ex
department. It 'follows that it is' not ecutive Department and of the uW'e in-
true, as contended for upon the aigument, stitution of the State, shall report to the
that the Legislature is supreme, except in I Governor," &c And note, that this is
so tar as it is ..notexpressly restrained. I under the Executive Article of the Con
However that dc ay b3 in other governments stitution.
or however it may have heretofore - been - The Governor with the advice of the
in this Sate. it is plain, that since the I Senate, having the aDoointment of all
adoption of our present constitution the officer; and the directors ot the Public
Legislative, justi like the other depart- Institutions being officer, it follows that
people. Nor can the constitutional rights
of the Governor or the people be evaded
by letting the offices to contractors.
The Deaf and Dumb Asylum was one
of the public institutions of the State at
the time of the adoption of the constitu
tion in 1868, governed by a Board of Di
rectors. The Uth Article, Sec. 5, of the
constitution continues them in office until
other appointments should be made by
the Governor. , The Governor made other
appointments, who were in office 21st
January, 1871. At which time the Gen
eral Assembly passed an act abolishing
the Board of Directors, and providing for
a ' BtArd ot Trustees " We assume that
the General Assembly had some sufficient
reason for changing the name of the
Board, but left the Board, the office, to be
filled by officers. And then the Act pro
ceeded to fill the office with the dtfen-
to follow the argument I dants; and to provide that the Governor
snouia mi vacancies,
that, an office is a part of 1 e erovernment.
and part of the State poiity, and that an
officer is one who takes part in the gov
ernment, and then try our case by that
test The cols' ttution establishes L e.,
"secures the permanent existence of,' as
a part of the State polity, certain
charitable institutions for the care of
the uufortunate, and penal institutions
for the punishment of criminals : can
these institutions exist without a board of
directors ? And is not such a board an
office, a lodgement of a portion ol the
government t And are not the directors
officers, taking part in the government f
ine ttatement ot the case is enough. We
do not propose
upon outrage was being committed
he wrote over his own name loner der the orders of some secret politi
communications and had them pub- ral organization, such as Ku Klux,
Iished in the Raleigh Sentinel testi
fying to the good feeling that then
prevailed, and solemnly declaring
that the reports from Alamance
were simply radical lies.
The public now know who lied.
Col. Gant, in denouncing tbj
In the article referred to
tends to deceive the Legislature,
he has acted hastily, and his con
stituents will hold him responsible
for misrepresenting matters, or for
not investigating the matter more
thoroughly before he used ugly
words!.
The people look to their Repre
sentatives for wholesome laws such
as will protect them in their person
and property. And when they
adopt the most "feasible plan for
bringing to the notice of the law
givers, anything that will aid them
in doing right, they will be slow to
forget the motive that brings them
to their feet, and when they arise
to hear nothing but what will en
courage these lawless men, Ah !
boys go on, we will denounce those
Radical liars and the people's Rep-
or union .League, c. Grant it,
ana in my opinion the crime is
magnified, for the man who in the
heat of passion commits a felony,
may be entitled to some sympathy,
but he or they who commit crime
after mature deliberation and with-
f all men de
ments, acts under a grant of powers, and
cannot exceed them. This being so. it is
indispensable to! good government that
each department should confine itself
strictly to the exercise of its legitimate
functions. And then, however they may
shade into each other, there will be har
mony. It is only where the powers are
brought in conflict that they become en
tangled and dangerous.
The first question. J3, to which of the
departments has the constitution granted
the power of appointment to office ? If
the constitution does not in express terms
grant the power to any oncot the depart
ments, and we hare to solve the question
by construction or. implication, then we
would have to consider whether the duty
in any given case, is a Legislative, or an
Executive, or a Judicial one; but if there
is an express gruut, then, of course, that
must govern.
Under the fir-t constitution for the State
the Legislature was the general appoint
ing power. It elected the Governor, his
council and other Executive . officers, the
officers of the military, the Judges of the
courts, justices of the peace, &c. The
Governor had qo appointing powcr.except
to fill vacancies when the Legislature was
not in session. Under the present consti
tution there is an entire, change. The
people have reserved to themselves the
election ot almost all the officers in the
State. There are still some ot the officers,
which, for convenience, are otherwise ap
pointed or elected, or chosen, as the case
may be, and we proceed nw to enquire
to which o? the department the power
their appointments are with the Governor
and Senate, unless otherwise provided tor.
It is not pretended that they ae otherwise
provided for by express terms in the Con
stitution, but it is insisted that they are
provided for by implication : (1.) because
the Legislature has all powers, except
wherein it is restrained. But, we have seen,
that is not so ; for the Legislature, like the
other departments, acts under grant of
powers. (2.) Because they have been
pcovided tor by law, to wit : by appoint
ment of the Legislature, which, it is in
sisted, takes the appointment from the
Governor which he would otherwise have
had with the Senate under Art. 3, Sec.
10. , On the other side, it is insisted, in
regard to this last position, that not
otherwise provided for,' means, not
otherwise provided in the Constitution.
So that, one side insists upon reading the
10 section, "not otherwise provided for
by lawfn and the other side insists upon
reading it, "not otherwise provided lor in
the Constitution."
It has already been said in two cases in
this Court, Clarke vs. Stanly, 60 N. C.
R., that uot otherwise provided for,"
subject to the ap
proval ot tne General ; Assembly, - who
themselves shall fill the vacancies, it they
disapprove of the appointment made by
the Governor." - .
The question is, had the Legislature the
power to fill the office by the appointment
of the defendants ? We have already
seen that there is no express grant of the
power to the General Assembly. : No such
giant is to implied, unless it be in regard
to some appointment necessary to the
exercise of its legislative functions, a its
own officers. " And to made it plain, the
power is expressly prohibited.- Constitution
article 3, section 10. Therefore the ap
pointment of the defendants vf -as' void.
It becomes the- duty of the Governor
under section 10 to appoint the officers.
And if the Senate was in session he ought
to have sent the nominations to the S n
ate, because it was the original filling the
office, and not the fiiiirlg a vacancy, which
latter he cin do without the Senate. The
Governor did not nominate to the Senate,
bur, as e assume, out of respect for the
legislative action, and under a mistake as
to hia duties, he allowed the office to
rem 'tin vacant until 1st of March, 1872,
after Clark vs. Stanly was decided, when
he filled the vacancies caused by his fail
ure to nominate, by the appointment of
the Relators, whose term of office is limit
ed by the act aforesaid, "to 1st of Janua
ry, 1873, and until their successors are
Our State.
J. Lt. Shell has opened a tobacco
warehouse in Mocks ville.
Michael Arthur of Craven coun
ty killed himself in a fit of insanity with
ashotgun. .
Miss Annie Bynum of German ton
died of heart disease as she sat in front
of the fireplace. V
Near Tarboro he was drunk and
fell from his buggy into water scarcely
two feet deep and was drowned.
Mr. Julius Flaum, a clever Jew,
is working up Spanish tobacco and
manufacturing elegant cigars at Hicko
ry Tavern. 'J-:
Uncle Johnnie. The Jefferson
(Ashe) Jlfessenaer ( says : Old uncle
Johnnie Anderson (col.) is now the
mail agent between this place and
Wilkesboro. v -'
The zoot. - Charlotte Observer
says : A number of farmers in this sec
tion of country, say that this disease has
returned and attacked their stock with
increased virulence.
The Seieniijic American , returns
thanks to Blume of Nazareth (Pa.) for
a specimen of itacolnmite, a curious
mineral, that Blume got hold of in
Stokes county, this State, and sent to
the American ,
The way the Statesville man got
crippled in the leg, he was out turkey
hunting and in going half bent among
the bushes he had long ' thin' legs in
dark pants, and his friend took him for
a 20 pound gobbler and let fire.
The State Agricultural Journal
has issued its first number in this city.
We heartily commend it to our county
farmers as a journal in every way
worthy their support The editorial
corps is composed of Capt. Fulghum,
Capt, Jas. R. Thigpen of Edgecombe and
Capt. C. B. Denson of Chatham.
Mr. Solomon of Wilmington
heard a voice crying "Save me, I am
drowning," and like the noble New
foundland he rushed to the rescue and
pulled out a drowning man who had
slipped off the wharf, and was sinking
the third time. He was a white man, a
stranger, and sober, says the Star,
Fists.
oujtpjprovocation
in our vcr
as Republicans have
com
p
xfi I - -
mi ast. we
maintained
for several years, while, until very
recently, our .democratic mends
have vehemently denied the exist
ence of any such organization as the
Ku Klux Klan. But they come at
last to admit it, and as soon as the
enormity of the crimes of these or
ganized bands are opened to the
eyes of the world, they, in almost
their first breath, demand for the
perpetrators of these foul deeds,
amnesty and pardon, and in this
the conclusion is irresistible that
they knew of this wholesale crime
all the time and only endeavored
to conceal it, that the same might
be prosecuted to the extinguishing
of the Republican party, and the
eievaiion oi inemseives to power.
Now if this Is or was the policy of
the Democratic-ConsejvativTe party
in North Carolina, I hope thatevery
menu ji vyiiusuaniiy will lend
his aid to check it in its onward
I i u i ! . I nuuiuuii
xvseniauves win oe aeceivea. ' ii, ' n .i ,i r: v "x; pronwuion.
- I Kara in thr vvasmn f itn "T I . --u
1. We will urst consider, what express
grant of appointing pocr is made to
the Legislature.
'Art. II, Sec 20. The House of Rep
rci-entatives shall choose their own speaker
and other officers.
"Sec. 22. The Senate shall choose ....to
fficers. and also a spenker protem-
pvre in the absence ot the ITcUtenaut Gov
ern yr, cr when he, shall exercise tho office
of Governor." y
The foregoing urc all the grants of pow
ers of appirnKnt to tlu Legislature un
der the secoi .l article which is the legis
tivc article. AnJ it will be observed,
that even these art- not grants to the Leg-islatu-e
as a body, but only to each branch
to choose it own officers. Under the
third article sec. 10. "The Governor
shall nominate end by and with the ad
vice and consent of the .Senate, -appoint
all officers, &c, and no such officer shall be
appointed or elected by the General Assem
bly. : v
Except the foregoing, there is no other
express grant of appointing power to the
Legislature, and ; that the section last
quoted is only the power of one branch,
to confirm or reject tho nominations
of the Governor with an express prohi
bition to the General Assembly as a body,
in regard to all officers. So, it is plain,
that there is not only no express grant of
power to the legislative department to
appoint to omce, : but there is an express
Now Col. Gant. keep your tem
per, you are an old man. Don't In
your declining years, after having
performed your duty nobly as fore
man of the Grand Jury in Alamance
county, do an act that your chil
dren's children will regret. Bather
lay aside the prejudice of your na
tion and take a noble stand for your
country, and then you will have
the approval of good conscience,
and your constituents will say well
done good and faithful servant.
M.
February 25th, 1873.
MEMOIR
Of the Union Cause in North
Carolina, .together-with a
Review of the Rise of'
the Republican Party.
Having determined to publish the
above Memoir, I earnestly request
the assistance of all who may feel
themselves interested In having a
truthful narrative given to the
world. Knowing the natural pre
- Judices which are within as well as
around me, I have approached the
task only after mature considera
tion, and will endeavor to discharge
it faithfully.
The Memoir will open with the
year 1860 and close with 1866, em
bracing a period in our history
where the facts can now be obtain
ed, but which are liable to perish
within the next decade, if not
promptly collected and preserved.
The author will deal impartially
with men. There is no desire to
take away one laurel to add to
another's fame, or to detract the
services of any one, that his co tem
poraries may receive present or fu
ture applause. Necessary imper
fections will occur, but the Memoir
will always be open to a Just criti
cism and a fair correction.
I especially appeal to those whom
I may hereafter address in a less
public form, to give me their aid In
obtaining such information as mav
be necessary for the work ; and I
furthermore request the Press of
the State to give the project a fair
hearing, before any of them hasten
to condemn.
here in the person of its Rem-esen
tatives, . pleading the cause of the.
midnight assassin, as he stands
with garments stained and fingers
dripping with innocent blood,
while many poor widows, made
such by their bloody deeds, are left
to mourn the loss of those on whom
they leaned for suppot. Likewise
the many poor orphan children left
umg uut a luiscrauie existence
in this world ; and yet we are asked
to pardon the perpetrators of these
crimes, against whom humanity
would veil her face; and should
tho bill become a law, the poor
widows and orphans, made such by
the decrees of these secret Klans,
will haunt the advocates of this
bill to their graves, and with their
grief persue their party friends to
the bar. of public sentiment and
there arraign them, like the blood
of righteous Abel that cried unto
the God of the universe from the
ground, blood for blood."
But it is said by some that Union
Leagues and Bedstrings have com
mitted crimes. Of this 1 have yet
to be convinced, for I do not believe
tnat they were organized for unlaw
ful purposes, nor that any crimes
have been committed under their
orders, but if such is the case, let
them suffer the penalty of the law.
And in conclusion I will say, for
the respect I have for law and or
dec, society and Christianity, and
the love I have for North Carolina,
I hope the bill will not pass.
The Governor's Boards.'
The following are the appointees of the
Governor for the Insane Asylum ; In
stitution for the Deaf and Dumb and
the Blind, and the Penitentiary, whom
the Supreme Court have recently decid
ed to be the legal custodians of these
Institutions:
Insane Asylum Wesley Whitaker,
Rich'd C. Badger, JeO. Fisher, Dr. J. O.
Ramsay, J. P. Prairie, Geo. W. Stanton,
ur. x. Lt. uanKS, u. Lu Harris, J. w.
Hood, G. W. Brodie, T. George Walton,
Henry Walser and W. R. Myers.
Institution for the Deaf and Dumb and
wjjiino-jonn JMicbols, J. N. Bunting.
a. . iiee. Handy Lock hart, Albert
wonnson.
' Penitentiary Gen. Alfred Dockery.
O. .W. Welker, John R. Harrison, Jacob
f-UKUt "ey xj. w ones.
the second place we will consider.
what express grant of appointing power is
made to the Executive Department.
Article LU, Sec! 10. "The Governor shall
nominate, and by and with the advice
and consent of a majority of the Senators
elect, appoint all officers whose offices are
established by this Constitution, or, which
shall be created j by law, and whose ap
pointments are not otherwise provided for
and no such officer shall be appointed or
elected by the General Afcscrnbly.'
That section, read without any verbal
criticism, would seem to make the Gov
ernor the general appointing power, and to
exclude the Legislature altogether.
Sec. 13 enumerates the principal Exec
utive officers, and provides, that, "If the
office of any of said officers shall be va
cated by death, &c, it shall be the duty
of the Governor to appoint, &c."
The foregoing are all the express grants
under the. said Executive article. But
under article IV, which is the judicial
article, section 31, it is provided, that
'All vacancies occurring in the offices pro
vided for by this article of the constitu
tion, shall be filled by the appointment of
the Governor, unless otherwise provided
for," &c. And, under article Vlt, section
11, the Governor was authorized to ap
point Justices of the Peace in each
county, until elections could be held.
From the foregoing it is plain, that the
general appointing power is given to the
Governor, with the concurrence of the
Senate; and that the power to fill vacan
cies, not otherwise provided for, is given
to the Governor alone ; and that, whether
the Legislature is in session or not, and
without calling the Senate.
4. In the third place we are to conside
what appointing power is expressly given
to the Judiciary. It seems that the only
power expressly granted to the Supreme
Court, is to appoint its clerk : and to the
Superior Court, to fill vacancies in their
clerkships. ! :
Reading the whole , constitution, and
without any hypcrcriticism, it is plain,
that such officers as are not elected by tho
people at the polls, and most of them are
so elected, arc to be appointed by the Gov
ernor, the Senate concurring, except the
immediate officers of , each branch of the
Legislature, and the immediate officers of
the Supreme Court j-.and that all vacan
cies are to be filled y the Governor alone,
except such as are-otherwise specifically
provided tor. And the Legislature has
meunt, "m the Constitution;" but they
were dicta, and therefore we have con
sidered it as an open question. And at
the threshold of the discussion, we
make these inquiries: Why should
the Constitution give the general
appointing power to the Governor
and Senate, in all the offices named in the
constitution, and not give the same power
in regard to offices to be created thereaf
ter or which had been created before ?
And why should the constitution express
ly prohibit 4itho General Assembly?7 from
electing any officer named in the const itu
tion, and permit the General Assembly to
.elect officers thereafter to be created ?
The c onstitution reserves to tbe people
the election of almost all the ufSrs in the
State. Fur such us they du' joose
to elect, or it was not Jheni
to elect, the most convtnnwrv vtnode
was prescribed ; to wit : nountton by
the Governor. Elections were taken awaj
from the General Assembly, because it is
a large body with two branches and is
very expensive. That was one of the
evils ; there may have been others. Would
not the evil exist in electing officers there
after to be created, as well as the officers
named in the constitution f Doubtless.
And must we not construe the pro
vision with reference to the evil ?
Pu: the election of a half-dozen Direc
tors, for half dozen Institutions each, in
thu General Assembly, and circumstances
would often occur which would make the
expense and inconvenience enormous. But
then it is said, that the election need not
be by the Legislature itself, but that it
may be otherwise provided tor by law.
But it is answeie.it, why should it le sup
posed that it wa the purpose of the con
stitution to aliow the Legislature to ap
point other modes' for filling offices than
ihe mode prescribed in the constitution ?
If the mode pmcribed in the constitution
was not the bcot, why was it prescribed ?
ir it was tne best, why allow it to be al
tered f And especially why leave the
mode at sea so as to engender conflicts be
tween the Departments)?
It was isisted by Mr. Battle with much
confidence, that unless the 10th section is
s construed as to give the Legislature
power to provide for tilling offices, then
the government cannot be adminisiend,
and must fall ; because no provision is
made in the Constitution for filling vacan
cies in the ct unty offices ; and it would
be impracticable for the Governor to fir
them. The county offices and officers will
not be found under any ol the articles of
toe consuiuiiou, wnicn we nave been con
sidering, but under the article, "Municipal
Corporations." And while the election'
of all the county officers is provided, for
by the people ut the polls; yet, if vacan
ties occur in some of them, tho- mode of
filling them is not named. It there were
no mode of filling them, still the resu t
misrht not be disastrous ; because most of
the offices are filled by several; and ifone
bhould die, a majority might act; but
still it would be an inconvenience which
ought not to exist; and it is true als i,ihat
some of the offices are tilled by a single
office. But suppose the fact be that there
is no express power in the constitution for
filling such vacancies, does it follow that
the Legislature has the inherent power to
fill them? Why the Legislature rather
than the Executive? If the Legislature
hs no power to fill vacancies in any other
case, why assume it in this ? And if the
Governor has the power to fill vacancies
in every other case, why deny it in this ?
It it be a casus omissui, and necessity im
plies a power somewhere, it ought to be
implied to reside ; with the general power
to till vacancies the Governor. But there
is another and probably a better way of
meeting the difficulty. A county is a
corporation; and, after its officers have
been eiected by the people according to
law, and a vacancy , happens which it is
necessary to fill, it ia inherent in the cor
poration to preserve its own existence;
and the electors may fill a vacancy
just as tne electors may fill a
vacancy in the Legislature. And such
legislation as : would be necessary
to conduct the election, would be legit
imate. But it ii not in the power of the
Legislature itself to fill the vacancies:
or to prescribe that they shall 1 be filled
otherwise than by the electors; unless the
corporate autliorities have the inherent
right to nil the vacancies; in which case
no more right to appoint the Directors of appropriate legislation to enable them to
the Asylums, than the Governor has to exercise their lights would be legitimate,
appoint the clerks, ofthe Legislature. And there b already such legislation.
chosen."
Regularly it was the duty of the Gover
nor, on the 1st day of Jan., 1873, to uom -nate
to the Senate the successors ot the
Relators. And then, the Relators would
have gone out of office. But their successors
were not nominated at that timet he action
of the Governor, as we assume.being post
poned for this decis'.on as to his powers
and duty, and as to the powers of the
Legislature over tho appointments. Indeed
the Senate was not in session on lliu 1st
of January, 1873, having taken a ruciss
for some weeks. So, the Relators, term
continued until their successors are ap
pointed. The Senate being now in session, and
the powers of the Executive and Legisla
tive Departments being herein declared ;
and it being declared that the Governor,
by and with the advice of the Senate, has
the nower of imtnintim-nt and it. Iipirur
r- - rr a
of great public moment that the offices
should be filled according to law ; it is to
be supposed that the Relators' successors
will be immediately appointed ; and then,
their term wiil end. But all that we cm
authoritively decide is, that the defend
ants, unlawfully hold i and exercise the
office of the "Board of Trustees of the
Asylum for the Deaf, Dumb and Blind ;''
and the Relators are entitled to hold and
exercise said office, until their successors
are appointed according to law. There
will be judgment that the defendants be
excluded from said office, and that the
plaintifla recover their costs. The statute,
C C. ir. a.. 375, authorizes the court, in
its discretion, to fine each of the defend
ants a sum not exceeding $2,000. But,
as the defendants went into office under
an act of the General Assembly, we as
sume th-t they had no criminal intent,
&C, therefore, in the exercise of our dis
cretion, and in respect to the General As
sembly, no fine is imposed.
There is mi error affirmed. Rcade, J
See The People vs. Bledsoe et a I. at t:iis
term. . ;
In the case of little! vs. Mclver, the
Supreme Court rendered the fallowing
opinion : '
Consider the cusc as if Ashley had not
resigned. His term would have expired
January 1, 1873, if his successor had been
elected and ' qualified. As his successor
was not elected and qualified, he would
have held over. Constitution, aiticle 3,
section 1. Up t Jan 1, 1873, he would
h&vc held as filling his own. teim, and
after t h it time as holding over tor the
(lection and equalification of his successor.
-As 'Ashley did resign, and the defen
dant, Mclver, was put in his place ; he
was put in his place to all intent and
purposes, and up to January 1, 1873, filled
tho vacancy caused by Ashley's resigna
tion, and alter that time, as holding over
for the election and di?qualific.itioa of his
successor.- How long he may be entitled
to hold over, or when and how his suc
cessor is to ; be "elected and qualified,"
may ba beyond the purposes of this decis
ion; but if would seem that it will be only
until the people can elect his successor at
the next 41 general election ,"; to wit : Aug.
1874 article 3, sections 1 and 3 It has
been suggested, that as the teim tor which
Mr.'Rcid was elected was four years, from
aud after January 1, 1873 ; and .as the de
fi ndnnt, Mr. Mclver, is' in - to, fill, the va
cancy caused by Mr. Reid's failure to qual
ify, he is in Mr. Reid's place to all intents
and purposes, and is entitled to; hold for
the whole lour years. But i the constitu
tion is express that Mr." Mclver shall hold
only, until the next election, rand the per
son then ch sen shall hold fhe office tor
the ' remainder, of the .- unexpired term
fixed in the first section of the article." t
wit: four years from Jan. 1, 1873, article
3, section 13. . ;v if
It has been suggested that the Gover ;
nor, instead of appointing Mr. Battle,
or allowing Mr Mclver to hold over,
ought to have nominated some one to the
Senate to fill the vacancy on January 1,
1873.jKTb answer is. that - the .Governor
never nominates to the Senate t fill va
cancies. He does that alone in all cases.
But where officers nave to be appointed
to fill a regular termv then, , he nominates
to the Senate,; unless lit be :( an officer
who is elected, by the . people ;
and then he never nominates to the Sen
ate but fills the vacancy or term by his
own appointment, unless there is an
officer holding over until the people can
elect as ia this case." Besides the pi o vis
ions in the constitution already quoted,'
we refer to the numerous authorities ciud
by defendant's counsel which were to the
point and conclusive. See a isf People vs.
Bledsoe ctaL, and People vs. McKee et al
at this term. There is , no error. .'Judg
ment affirmed. ' i;
READE, J.
Twigs.
Milk.
Sweet milk in Raleigh is 40 cents a
gallon and butter milk 20 cents.
Ridiculous.
A 200 pound poetess writing verses
about what she would do " if she were a
sunbeam."
Black eyes. -
Our couutry, it is said, has had but
one black-eyed President. That was
General Harrison.
Punctuation.
Punctuation first used in literature
1520. Beforethattimewordsandsentences
wereputtogetherlikethis. .
Proclamation,.
President Grant has issued, a procla
mation assembling the United States
Senate the fourth of March.
Galveston.
They turned the drunkards and other
lesser criminals out of jail iu Galveston
to prevent their suffering from the cold.
U. S. Senator. i
A Kansas paper solemnly proposes
that this office be auctioned, off to the
highest bidder and the money go to the
benefit of the State.
Rat bite.
An infant child of James "Wood of
of Lansingburg (N. Y.) died last week
from the bite of a rat inflicted while it
was sleeping in its cradle.
Minnesota.
The Boston Post is authority for the
statement that a recently discovered
mine of " Epsom salts" is moving the
bowels of the earth in Minnesota.
The 22nd.
Washington's birthday was duly
honored in Paris. The usual stato din
ner was given at the Executive resi
dence, but M. Thiers was unfortunately
absent through illness.
Weight op wood. "
Ebony wood weighs 83 pounds to the
cudic iooe; lignum vitae, the same
hickory, 52 pounds ; birch, 45 pounds
beech, 40 ; yellow pine, 38 ; white pine,
25 ; cork, 15, and water 62.
Couldn't CRT.
A young widow down in Kennebec,
Me., remarked at the funeral, " I hope
you'll excuse ray not crying, but the
fact is, crying 'always makes my nose
bleed." She will make an excellent
mother-in-law.
Engaged. V
The man who returned his neighbor's
borrowed umbrella was seen, a day or
two ago, walking ia company with the
young lady! who passed a looking-glass
without taking a peep. ... it is believed
they are engaged.
Missis. . .. . ':
' Brown (rehearsing his" part as the
Vicomte de Cherisac :) . " Yes, Marie I
I've fondly loved ye. , (Sobs dramati
cally.) 'Tis well but no matter-r!"
(Housemaid to cook, outside the door,)
" Lauks, 'Iiiz'beth ain't mister a givin'
it to missis !" -PUnch.
Lost. ' "'f-''-' ';' yr 'o
A bright bay poodle dorg, 5 dollars
reward, ov a warm patur, and no ques
tions asked, with one white foot behind,
will be paid for' hiz return,, nvhen be
stole away, with .flowing ears, or was
strayed , by sumboddy, -answers : tew
Kristopher Kolumbus, with a brass
colar, exchange papers please copy, and
has a frantik tale. Josh Billings . ' : ' ;
Old man got mad. ;
An old gentleman of eighty-four
having taken to the altar a young dam
sel of sixteen, the clergyman said to
him, You will find the font at the op
posite end of the church.". "What do I
want, with the - font?" asked the old
gentleman. ' I beg your pardon," said
the clerical wit, "I thought you had
brought the child to be christened."
He couldn't stand it. ; '
An. exchange says Mr, Jones of Osh
kosh, heard it intimated on the . street
the other day that fie was henpecked.
He went home and thrashed his wife,
tore up two or three of her best dresses,
opened the doors and windows in the
house, and sat down in the parlor with
his feet on the centre-table, among a
choice collection of choice books, and
smoked his pipe. He thinks the world
is convinced now that he is boss of tioat
house. .
An Illinois woman whips the
man that whipped her husband. sThe
Mattoon Commercial says : On last
Wednesday week a woman whipped a
man while weighing stock at Windsor.
She severely thrashed him with a billy
club striking him several times and
scratching his face badly, i The cause of
her getting fighting mad was this : Her
husband some 4wo months ago sold
corn to the man, and instead of hauling
it to him, hauled it to Windsor, for
which he thrashed her husband. She,
not liking this treatment of her better
half, took revenge by pounding the man
a little while.
J8-: Taking their knitting into a
billiard room. The " Uttica (N. Y.)
Herald says that the ladies of Savona,
Steuben county, have undertaken to
break up billiard playing in their vill
age. The method they adopted is new.
One evening last week twenty-two of
them, of various ages and. conditions,
took their knitting and repaired to the
billiard saloon and took seats, so far as
they could obtain them. The gentle
men who were present applied them
selves to smoking, hoping to make it
uncomfortable' for the visitors, and
some red pepper was sprinkled upon
the stove, but the ladies stood it till 11
o'clock, and then retired iu tolerably
good order. The proprietor of the saloon
received the ladies politely, treated them
to candy,, and invited them to call
again.'''; w "
AST- Died from a skunk bile. The
Denver (Illinois) News says: About
two weeks ago a young: man whose
name is not learned was out on the
plains beyond Wallace, on the Kansas
Pacific railway, with a party engaged
in hunting buffalo. During the night
the young man to whom we refer was
bitten by a skunk. He was sleeping on
the ground, and the animal made the
attack, inflicted an uglywound. The
victim bandaged the cut as best he
could, and troubled himself very little
about it'at the time, as it gave him pain
only occasionally. Last Saturday he
made his way to Wallace thej wound
having swollen and become exiremely
painful in hope of having it dressed
and inflammation subdued. Shortly
after his arrival at Wallace, the unfor
tunate young man was seized with a
sudden fit of drowsiness. To this he
succumbed, and within two hours after
dropping to sleep he breathed his last.
Deceased was buried on; Sunday, and
when placed in his coffin his body
threw off the odor of the much detested
animal that caused his death.
Legislators ! read this. Pro
vide divorce, for the women, and when
ever they swear the husband is cruel, or
drunken and worthless, letJthem have
it. The following is from a respectable
woman written to the New York Herald
of yesterday. Many a case like it in
North Carolina and in families , too
whose husbands are regarded as toasts
and " good fellows" among their fellow
men. Read tho letter. I was unfortu
nate enough to marry a n.an vhoso
cruel treatment, hard blows, but yet
harder words, compelled me to seek for
a divorce. I obtained a separation, and
have supported myself and my children
ever since, without ever asking for or
receiving one dollar of alimony; but
owing to the fact that I cannot follow in
his footsteps and find sufficient evidence
to prove adultery against him, although
separated from him for over five years,
lam in law his wife. What mockery
of justice! Why should not the laws
be so amended that both man and wife,
alter oaving been .separated for three
years, holding no intercourse whatso
ever, should be granted an absolute
divorce? A great deal of misery would
thereby be averted.;
MARRIAGE GUIDE.
EVERY ONE Hlsj OWN DOCTOR Being
a private instructor for married persons,
or those about id pe married, both male
and female, In everything vnrerning
the physiology and relations o'i our sex
ual system, ' and f the. production and
prevention of offspring, including ail
new discoveries : never before given in
the Fnglish language, by WM. YOUNG
M. D. This is really a valuable and
interesting work. It is written in plain
language for thd general reader, and Is
illustrated with mimerous Eugraviugs.
All young married people, or thoso con
templating marriage, and having the
least impediment to married lifo, should
read this book. J It discloses secrets that
every one should be acquainted with;
still it is a book that must be locked up
andiioth?t lioabout the house. It will
be sent t any address on1 receipt of r0 '
cents. Audress Dr. WM. YOU.NU, '
No. 41tJ Spruce kroet, above Kourtii,
Philadelphia, j j
arAFFLICTKDAND UNFORTUNATK,
No matter what may be your disease,
before you place yourself under tho care
of any one of the (QUACKS native and
foreign who advertise In thi or any
other paper, ge a copy of Dr. Young's
Book and read It carefully. It wjll be
the means of saying you many a dollar,
your health, and possibly your' life.
Dr. Young can j be consulted on any of
the diseases described in his publica
tions by mail or at his office. No. 416
Spruce street, above Fourth, PJjiladcJU-,
phia. If 14 wCm
'f !
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The Elegant Cliromo
" CUTE,"
Religious Notes.
Rev. W. S. Lacy; has returned from
Virginia and will 'locate as pastor of
Presbyterian churches in Favetteville
Presbytery. , "' "
A christian should not discover that
he has enemies by any other way than
by doing more good to them than to
others. Bishop Wilson.
i
He that unduly fears man cannot truly
fear God ; and he that lives much in the
fear of God will not regard overmuch
. what man can do unto him Serle. ;
Go to your Bible every day with the
same punctuality that you go to your
place of business. For one neglected
there is no happiness attending success
in the other. , j . .
From the Biblical Jtecorder-of to-day :
Mr. A. F. Redd and Mrs. Victoria Jones
Penddleton are valuable acquisitions to
Raleigh. They devote all their gifts to
the improvement of the young.
While the congregation was assem
bling the floor of the Methpdist church
in Wilson gave way last Sunday and
caused a considerable panic, breaking
up the exercises for the evening. No
one hurt. .. .-:. . . ;v
Dr. Burrows says the church, at War
renton, Va."", does not want Pastor Car
roll any longer. - He is sir feet two
inches long now, and, that is long
enough. But long or short, fat or lean.
. f A 1 A. ,
preacners we
Size 16x20 inches, lC colors. Acknowl
edged by all to be the HANDSOMEST
and MOST I VALUABLE premium
picture in America. v EVERY SUB
SCRIBER is presented with thin
Chromo at the time of subscribing, (n
waiting,) and also receives u NUMBER
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distribution of $25,000 in cash and uilu r
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next. Tho Chromo and Certilieate senc
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colored' soldiers ' AND SAILORS. :
All Colored Soldiers or Sailors, or I
their Legal Representatives, !
i 1 j
Who have received notice from the !
Treasury Department that certificatm
have been issued in settlement of their
CLAIMS FOB PAY, BOUNTY, .
PRIZE MONEY, &c,
and who have not received tho amounts
due them,' are directed. In- order to 1
spewdy payment' of
Office, and i
the
same by this
he; is one of the ablest
have ever heard.- -' -
It Is related that aT New Hampshire
minister recently portrayed the history
of Jonah after the following stv le : I
seem to: see Jonah passiner aloncr tha
V . w O
road to Nineveh ; I seem to see him en
tering the ticket office, buy his ticket
aud pay lor it-; I seem to see him walk
upon the vessel; I seem to see them lift'
their anchor and the stately shin move
gradually out upon the broad Atlantic."
"Without further expense by
I Claimants, ...
to end their Names, with Post Omen
Au6ress, to the , -
Adjutant General 17. S. Armr,
:, Washington, l. C. '
! They should also stato in .
What Company and Uefflment (h
; service warn rendered
J .: '' ' V..- Tt 'Tnw-vsT'vn '
Adjutant General.
War Department, - i.
Adjutant General's Office, j
Washington, D. C, Februray 1, 1873.
feb 12 ; , . 34- wlm i
Wa-
Stocking- North " Carolina
ters with Shad. .
The United States Commissioner on
fish and fisheries. Spencer S. Baird, is
now in communication with Col. J. F.
Taylord of this city on the subject of
fisb, and proposes to come ; to North
Carolina this spring and stock our wa
ters with millions of shad. , These cgo-a
will be placed in our rivers, and it has
been ascertained that wherever the fish
are hatched, that's the river thev come
back to. For instance they may ho
natcnea out in iNeuse river and from
there they may flap and flounder thou
sands of miles away Into the salt waters
of the Ocean, but in the setting i n of
Png, they remember their birth
place, arid like us all poor mortals thev
have a rond hankering after tho old
home and make annual vfiit Pirv
spring to see- how the old place looks.
JOIlksTON COUNTY: In the Su
perior Court.
William William,)
against V Summons for Ko
Mary Williams. J lief. !
The State of North Carolina,
To the Sheriff of Johnston Co. Greeting : 1
You are hereby commanded to sum-!
mon Hary Williams, the defendant:
above named, if she be found within
your county, to appear , at the office efi
the Clerk of the Superior Court Cbrthoi
county of Johnston, within twenty days j
after the service of this sum mons on her, I
exclusive of the day of such servico, and
answer the complaint, a codv of which '
Is deposited in tlie office of The Clerk of I
said Court, and let her take notice, that!
if she tails to answer the said complaint!
within that time, the plaintiff will apply
to the Court for the relief demanded io
the complaint. - . I,
. Hereof fail j not, and of this summons '
make duo return. ,
Given under my hand and seal of said
r '"rtl this 7th day of February, :
f I P. T. MASSEY,
i Cleric 'Superior Court, i
35 wGw '.-I f - Johnston county, i
t I