"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 ! 2d ANNUAL DISTRIBUTION 75,730 Premiums, BANGING ItT VALUE FROM $10 to $5,000 ' TO THE SUBSCRIBERS OF OUR FIRESIDE FRIEND Every Subscriber is suro .of one premium anyway, and also has an equal chance of receiving: a CASH Premium, or a PIANO, OKOAN, WATCH, S1SW1NO MACUINE etc. etc. Frst Grand Cash Premium $5,000 OUIl FIRESIDE Fit I EIVD 'Eight Pages, Large Size, Illustrated, the Fam ily Weekly, is iu its TlIIltD VOLUME and has attained' the LARGEST CIR CULATION of any paper published in the West. Its success UNADLES the proprietors to furnish THE II EST, MOST DESIRABLE AND MOST USEFUL ORIGINAL READING MATTER IN : GREAT , VARIETY, that money can buy, and to make it a HOME W EEKLY suited to the wants of every family, j Subscription price per year or tz numbers. 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 ED CERTIFICATE ENTITLING THE HOLDER TO A SHARE iu th distribution of $25,000 in cash and uilu r premiums, j j . THE DISTRIBUTION TAKES PLACE on the second Tuesday in June next. Tho Chromo and Certilieate senc on receipt of price. SPECIMEN I COPIES, PREMIUM LIST, Etc., GIVING FULL PARTICULARS sent tree to any address. - AfiFNT -Eitner local -or canvassing .' rVUl.li I O iu every town. Jirga liAtiTrn cash pay and the best out WAIN I LUfit. Send at once for torn m. i- Address j OUIi FIRESIDE FRIEND, i Chicago, III. 37 w3n ' : j And Baltimore, Mil, N 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
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