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"(J yU' ' ' L" ) f t I t uxm lviii. CITY OF RALEIGH WEDNESDAY HORNING, JANUARY 21. 1857 NO 10. !4 my if fHH 4 if AK ii O A rr hushed by JOHN W. SYME, VI" . r. IN" ADVANCE; OR, $3 00 AT THK END OF THE YEAR. k :r- .i'a.f f fai. delightful peart, .a7l y roe f ic il brothers." R A L E i G :!. N. C. SirniDW MORNING. JAN. it. I.KTTKR FROM THE EDITOU. PETERSBURG, Jan. 14, '50. In j i c of late hours last oigM, at the dinner rivtn me by my U friends, I find w.V.f Lh Uiontin esconced in tbe "old rinclwir" fn;n which I have o often rat tied away to an indulgent publ;c, whose for- lamiee has often saved uie from "catch-i itj-" whit my short-coining, iu pertinence, at. 1 iu.pudence, have too frequently pro voked. U it late as the hour eary perhaps Ahl Le tlie word at which I sought iuj pillow, and immersed as I am in business rinecfed mith luy removal, I cannot help AtiluiiC a moment "between times' just to .-..j'.iie a.fl'- wy Carolina friends, and par l . 4,' u !y tke dett.ocratic jewels which blaxe UiiLtly in the Legislative casket of the .i: Ail cannot fee a Raleigh paper ua t I t-iii.'ut, 1 of course do n-t know what has ! . csi j".e in the Legislature since I left. y tune the tax bill should be repirted at, i ,.n the tap for airendajent and discus i n. Ti.i bill will be a sort of pons asino r t t!? :;.j-ritj par'y, and how tbey are t over it without considerable damage, . a . ri!in ' enjnirv. Raise the tajrV tbey - , ut t.i v-li-U extent mast d on 1 uu another sul jectTt ifcemstos! t..?:r act;.:! I 1. Tilly admitted that if any important j r;nl i.i provtMwcnt bill gets through, it ill eirrj. in hi train every other improve-u..-t.t lull u the calendar. Should this prove l I v the ctsv, not only niust taxes be raised . iLc 1 recent subjects, but new subjects of titatina iuuit be sought out, o a to prevent i.li :ilj.vts from being unduly,-and dn e t'ltliy burtliencd Now as the Democrat! i- t'.t internal improvement party, and at the .! time the -ci nouaca' party, and withal tie myority party, if they do not mind their . "pon.t and ptrWl" they a ill "put their J f t in it'' as sure s fate. If with their pow- j . 10 do o, they fail to pass improvement UtU, can they again bambocxle tho people i:b ti e iJet tat they are the internal im pr eu.ent part) of the State? If tbey do j a ah bills, dare they go hoica without ,-. r-e-t' -n linirlv iocreaine taxes, and thus Itt-.'! the hitherto untarnished credit of the 'ate to 'kck tr itself!" We have pon- Lf.d uiuch and painfully on the embarrassed .ituation if these j-webi, and cat see but one r. . f f.,r f.ir thni This rav. ihuui'h !:ar- i vt so intensely bright, that tbey U j , - r ft " n. i-i l.-.k at it through smoked glass w. en we lt it in ujiD them, or otherwise tbey 'llhav a-eJ f r the unices of an oecujiat.ylt is It i : tj. Wise ii great man a great De- iui.-rift a great and an original thinker, aud j '.? il.i-. State of Virginia was (is she is r j twbfiugunder taxes, and with profp&ets (; ei before it) of mure twisting, be, with a rjlenty f genius, in the inverse ratio to the a ijfet f his discovery, announced to the -a en.b!ed wisIum" of the Old Dominion t"iat her waters contained those bivalvic de it ac4 called oytters, and that tbey as a f'jnduji" Lculd be made to contribute to K.e Jr,j f the State, as well as to the plate f tie epicure. Now North Carolina bas a r tiiJutt" and wc would suggest to the De- t;.- rraey in the if legislature the propriety oHjsute, If it was necessary to bold a "secret r- 1 ie-:ii)g 0-t. Rrag to open a correspon- i with Ij'ixard-Foot on the subject, and t a cet the benefit of the batter's discovery j iiird-Kcot wi!l answer promptly, for he - t .-!ly likes to talk and write, but will feel J . l.i"htv fittpre.i Lt the aitheation. Me U not t nly a genius, but a progressive vir. ai.d there are ten chances to one, that hi tli tiuie, be has fixed up his "fundum" .t: rrapir, clam, and crab variatii.ns. I m ! : 1 rej ared to suggest that these crua t tcet'tis sal jects would do to bank upon, al u,.h ic' of them has long constituted i:.:L" f Deposit, and though frequently -nut upvn," and broken into, they still con iriTc tu meet the demands made on them. I !l a rite to (litiard-Foot oa this subject I a-i gel his yiews before I commit myself vu it - Tb)cre i notning stirring here bat cold wfatherraud thu akies tonight denote that t Lire is 'w.re a coming," in the 'shape of ar.ow. The rii cr here, and James River, are iiozcn -tub., and all ii.tercoure either coast w, or -ea-ard, of couise cut off. This will j reduce inconvenient, and worse than ! ibt--uffering as the surpltcs of anthra rife coal ha e given out, and but for time k, b t temporary, supply of Aifiraiwoiit, re-1 h! b? rail-way from the Pits to-day, fuel ! 6uld Late ken scarce, when it is mot want. ' ed. Wood, of course, will go np in price, and the poor, or improvident, have occasion to think, if they don't say, "wind of the win ter' night, whence com'st thou !" I could'nt close until the Southern mail brought me the Raleigh papers, and most particularly my contemporary's f Standard sheet." I see he wishes to let the party-cau cusing on the Trustees of the University go in o oblivion. He says "Here let it rest." Pious man .' He was thinking of " rest for the weary noul." He wishes things to "rest1 just where they are, and abhors the thought of having them "wrested" from the hard grip of himself and party. He is now a Trus tee," and I count on at least one friend" at the "Court" of Literature in the State, While I say this, however, I must solemnly protest against bis voting for an incumbent of the chair of Moral Philosophy, for aorry was I to see in his papr, an expression of plea sure that there was a prorpect that the proved pimp, and suborner, Forney, would be elect ed t the Seuato of the United States, and conclude by expr-ssing the hope, that he will be glad on reflection, to learn, that at least thai disgrace has been spared a Body, once the most dignified in the world. f Kditob or Tin Raleigh Register. THE "DA RK-LAXT E R X " JVEM OC R A- 1 - m m lSlt is amusing to see how vtenderly the Standard bandies the late outrageous conduct of its party in the Legislature, in reference to electing Trustees of the University. It does not, and cannot, deny the fact that they held a "secret night meeting,' bolted the doors, posted sentinels, and kept all persons, except Democrats, out ; and in that meeting proceed- ed to nominate Trustees, whom they after wards elected. But the Standard attempts to justify this unprecedented and monstrous proceeding, by saying it was necessary in or- Yler to save time in effecting the election;-' 41l it inform the public why it has never before been necessary, for any party in any Legislature that ever assembled in the State, to do such a thing t There had been onfy one ballut for Trustees before this secret, mid night meoiing of the Democracy was held. They were very 'quick upon the trigger,' and swift to act upon a flimsy pretext, to gratify their inordinate voracity for place. It was not soft to risk another billot, for that might have resulted in an election, and certain De mocratic aspirants might have been disap- pointed. But the Standard know that even this pretext, the only one it had to offer, was ta- ken away by Mr. Thomas, the Senator from Davidson. The journals show that he offered, in the Senate, a joint resolution proposing that those five names,which received the high est vote on the first ballot,should be voted for upon the next and be duly elected. The Stand ard knows that this would Lave secured an election at the very next balloting. Does it suppose any man in North Carolina will fail, for one moment, to see that this excuse for a "midnight caucus" is a me;e sham Tint r. tl,- iAtl. KAnnJlN f J'w'v aa. a v VJ f vu VU V ed necessity. Will the Standard be so kind jM to inform the good people of the State, why every mm nou.inated bv that "secret 9 4 caucus" was a Dxmocrat! Here is the list: W. W. Holden Editor of the Standard. Tbos. Settle, Jr. Democratic Commoner. Dr. R. Dillard Democratic Senator. 1 R. A. Hamilton Renegade Buchanan Whig. Dr. Hardy Renegade Bachanan Whig. Three old line Democratie leaders, and bitter partisans; and two renegade Buchan an Whigs, who have been, Jor some time, in full fellowship with the Democratic party, and one of whom is now among the most ac- w . tive and uncompromising Democrats in tbyj caucus," even the Standard bas not the ef frontery to pretend that it was necessary to make a strict party nomination, and to deny to th forty-two thousand members of the American party in the State all participation in the management of this institution, which every Legislature heretofore assembled :has bad the magnanimity to preserve from the pollution of party politics. This proceeding will certainly impair the usefulness of the University, and lessen it in the affections of a large portion of our citixens. We can scarsely imagine anything in the power of this Legislature, to do which would have been so much to be deprecated and so dis graceful to t those concerned in it, as this prostitution of our noble University to the corruption of party intrigue parcelling it out as a spoil in payment for serviees in par ty warfare. It is a species of Vandalism unprecedented in any civilized State, and finding its equal only among the northern barbarians of the middle ages, who defaced the beautiful edifices of Greece and Rome. Many of the better thinking Democratic members repudiated this action of their par. ly, and boldly refused to obey it. We call attention to the remarks of William Eaton, Eltq., the Senator from Warren, in another column. If there were a few more such De- mocrats in this Legislature, the. State would ' hare been spared much of the mortification and shame which has been brought upon it. Here Is all the last Standard could aay in vindication of this disgraceful affair : "We do not deem it expedient or n-ccssary to offer any reply to the lialeigh liegister, in rela tion to me Appointment of lriteieea 01 me urn- versity. The attacks of the opp'wfltion nve a realy been fully and triumphantly met in the senate, by Mr. Uill awl Mr. Houston, iney havi placed the whole subject in ita true light, and id duing so they effectually wlenced uenerai Uockery aqd Mr. Fool. Here let it rest. He confesses that it is not "expidient" even to "offer" a reply. He might have said "expedient" or practicable. What a grace ful retreat ! How tenderly he handles "the nasty thing!" He says it has been "tri umphantly and fully met" by Messrs. Hill and Houston. Wilt he tell us upon what grounds, and how ? We are sure his readers '.would like to know, for they feel an interest in the honor and prosperity of the University andif there is any palliation that can be of- fered,it would be grateful to their feelings to hear it. Will he gratify them ! But he say?, "they enectually silenced Uen.Uocke- ry and Mr. Pool." Pid tbey silence Mr Eaton too ! - "Here let it rest.11 No. It shall not rest here. The people intend to take it in hand and to visit a marked retribution upon the heads of those who would taint the sources of I cuucauon dv inrusLinir mio ine dudiic iusu- -j 1 .1 . .1 - !! : - w rtutiona of the State the corrupting influences I 0f party politics. "Here let it rest." No doubt, it would be pleasant to get rid of it so easily. If this were only a small offence, perhaps the Standard might be permitted o to "beg off" in that way. It is very unplea sant, and hurts one's feelings, to lay on the j ia8h wneil the victim begins to beg. But in- Jividual suffering must be endured for the public good. The Standard has abused the American party unsparingly for holding sec ret political meetings to nominate political officers. And while professing a holy horror at such thing-s, its party in the Legislature lias been practicing it here in the nomination of every officer they have elected and in stead of confining it to political offices, have extended it even to Trustees of the Univer sity. How can such conduct "rest" in a community of enlightened, honest and pat riotic peple! DEBATE ON MEXICAN PREAMBLE RES OLUTION. The last Standard coutains a notice of the debate upon Mr. Reeves' resolution to ex punge from the record that fames Mexican Preamble. It was our intention to Lave pub lished this whole debase and commented on it, but our space vrould not allow it, and we have to defer it until our next. The Standard's re marks are not a fair representation of the case. Mr. Ferebee, instead of coming off second best, got much the better of his opponents upon every point which was discussed. He further chal lenged any member ou the opposite side of the House to meet him and to fairly and oponly discuss the merit of the question. No one ac cepted this challenge ! Does this look like ha was vanquished ? Throughout the whole dia- c us ion, the minority, though small in numbers, proved itself to be strong in mind. We have witnessed many a discussion, and we have yt to see ne in which a more signal victory was ob tained than that in which the Americans of the Legislature triumphed on Thursday. The dis cussion was a triumph of mind over matter, the voe a triumph of matter over mind. The Standard attempts to ridicule Mr. Mann for an error of his. With every fair dealing man this misrepresentation will be of no avail. We need only say, that it was an accident on Mr. Mann's part, which he did not notice until tha roll was being called, to oorrcct the error. He afterwards iutreduced a lesolution upon which the gentleman rom Edgecombe commented. Did time permit, we should like to point out the ridiculwus bombast whieh prevails through nut the article, but we will close with one idea, which suggests itself to our mind. The expense rr - - .f the H-mae of Osmmono, per day, is at least 450. Just exactly that amount has been thrown away by the introduction of the resolu tion. Ample opportunities were afforded to the Democrats to stop the debate and proceed to the business ofthe day hy laying on the table or in definitely postponing, but they refused to do it. The discussion continued, and State business was neglected. The resolution parsed, and what does it amount to? A mere nothing, an abstraction for which the people generally care not a whit. This money was expended and the session pro longed probably several day, and for what ? To gratify the whin of Democrat or-the vanity of the Democratic partyj The Democratic party were almost unanimous upon the question, whethei this is to be attributed to their having caucused upon it, or that they acknowledge Mr. Reeves aa the Democratic leader in the House, we know nt, but suppose the latter, as they stoutly deny the former. Election of U. S. Senator from Mis socri. The Missouri Legislature on Mondaj last elected James S. Green, U. S. Senator for the short term. Green received 89, Ben ion 34, and L. S. Kennett 32 votes. The Cabinet. Mr. Buchanan's Cabinet, as now formed by himself, is generally eon ceded to be made up as follows : Lewis Casa, Michigan, Secretary of State. Howell 0hb, Georgia, Secretary of 'Treasury. Jhn B Floyd, Virginia, Secretary of Wa. J. P. Benamiu, Louisiana, Secretary of Navy, Jesse D. Bright, Indiana, Secretary of Interior. W. L. Yancey, Alabama, Postmaster General. Nathan Clifford, Maine, Attorney General. THE COMPLIMENTARY DINNER TO MR. SYME. The public dinner given Mr. Synae, by his personal friends in Petersburg, irrespective of party, came off on Tuesday last. We copy a full account of the sayiegs and doings around the festive board from the Petersburg Express ; and, as BIr. Syme has net jet re turned from Petersburg, we also take the lib erty of transferring to tte colustns of the Register the following editorial notice of the dinner from the Express : Taa Dinner to Mb. Simk. The Syme Test! monial, a hurried account of which appeared Id the local department of vesterday'a Express, was very brilliant affair and will long be remembered by those who united in it. The entire absence of party feeling, in a demoastratiou in honor of a gentleman distinguished for his" management of a partisan press, was in the highest uegree grat ifying, and gave proof of the liberality of the citizeus of "Ldttle reUrsbu'g. Though it may seem invidious in 11s to refer to any particular 6peaser, among a number of eloquent gentlemen who addressed the dinner party, we cannot help expressing the satisfaction afforded us by the re marks of James ALfked Jokes, Esq. Though it was apparent that Mr. Jones, spoke from the impulse of the moment and had premeditated nothing fcr the oacasion,what;he said came freshly from the heart and touched a chord of sympathy in the heart of every auditor. His tribute to Mr. Syme was couched in the happiest terms, and had his discourse ben taken down exactly as 1' came from his lips, it would be creditable as a specimen of Virginia oratory.' Yf e think that every one who was preaeut must have been struck with the universal recognition, by all the speakers, of honesy of purpose and sincerity of soul in the character of the eminent editor who is about to leave us. These qualities, above all other, marked the course of Mr. Stmx and en deared him to thia community. His wit lent brilliancy to the columns of his paper, his hurmor, a much rarer gift, made every paragraph he wrote serial, his strength of argument was fait by all who ever engaged with him in thedigladia tion of journalism, but his warm, large heart, took the venom from evry barb and his honest simplicity commanded the respect of every op ponent. Mr. Sthk was at all times and under all circumstances the steadfast friend of Peters burg, and both in the councils of the State and in the conflicts of his editorial experience, the C.)ckad commanded his warmest advocacy and love. V e shtll mis him in future wherever thi interests of the city shall call far earneas and powerful speaking and writing, but We feel tlie consoling assurance, set forth by several of the orators of' luescay evening, that in the eity of his adoption", he will ever prove the efficient friend of Petersburg and never fail to advance its prosperity so far as it shall not come in con flict with the inte'csts of the Old Nrth State.. And now it only remains for us to bid our friend and colleague an affectionate farewell. May the wings of Ipeace oversbadow his future abiding- place and the sunlight of happiness fall ever renely around him 1 Pennsylvania U. S. Senator. In the Pennsylvania Legislature on Tuesday last the Hon. Simon Cameron was re-elected U. S. Senator on the 1st ballot.' The rote stood: Cameron, 67. Forney, 58. i Foster, 7. Wilkins, 1. - Messrs. Selo, Wagenseller, and Minar, Democrats, voted for Cameron ; and Messrs. Bachue, Calhoun, Farnsold, Hill, Nicholson, Smith and Creswell, Democrats, voted for Foster the Democrats thus permitting Cam eron, a Black Republican, to be re-elected notwithstanding they have a clear majority: of four on joint ballot in preference to Jo&a W. Forney. Had some less objectionable man than Forney been nominated by the De mocratic caucus, be would no doubkave been elected. , In the Senate on the same day, Mr. Brown entered a protest against the legality ef the election of U. S. Senator on account of a tel ler not being elected at least a day prior to the election. TRUSTEES. In to-day's issue we present to our readers a more correct sketch of Ml-. Eaton's speech on the subject of the Trustees of the Univer sity than was contained vi our proceedings. It will be seen that M r. Eaton is a liberal' minded Democrat, and is unwilling to be bound by any party oauous which conflicts with his sense of juslrce. j UNIVERSITY. We are infornjed that at the meeting of the Board, of j Trustees of the University, Mr. Jno.Kimbjerly was appointed Professor of Agricultural Chemistry ; Mr. H. H. Smith, Professor of Modern Languages; Mr. Sainl S. Jackson, and Mr. Peter E- SpruiU, Tutors. Internal Improvements. By reference to the proceedings of the House of Commons it will be seen that several railroad and other Internal Improvement bills have been before that body. The amended charter of the Wilmington and Rutherford road pass ed by the ca sting vote of the Speaker, and the Western railroad was rejected by a large majority. The bill to charter the Trent River and Tuckahoe Navigation Company wtw also rejected by a larg majority. The peo ple of thia State were told last summer that tl.e Democratic party was tbV great Internal I im provement party. Does this action look as if it was so ? The Fayette ville. and Goal Fielda road is stilt pending before the House, and wi'j prob ably meet with ita fate to- day. We opine that the "judicious system," ro much talked about. lat summer, means just no system at all. Since he bove was written, the FayetteviE; and Coal Fields road bas been rejectejj by jests 63, nays 57. 1 .. J M Rhode .T.-sland U. S. Senator. The tw ! Houses of the General Assembly of Rhot Islatd on Friday last elected Hon. James ffi Simmons, to the U. S. Senate . v . 1 OPINION OF THE SUPREME COURT Or NORTH OAROLNIA, In the cmss of Shaw vs. Moors. Decided at December Term, 1856. The only question in the case was whether a person professing the religious faith of the denomination called the Universalists, (whieh is explained by the witness himself to be as stated in the first paragraph of the opinion of the Court,) is a competent wituess in a judi cial triaL The opinion of the Court was da livered by his Honor Judge Pjiabso. It is a document of uncommon -ability, and as liberal as the professor" of any religion eeuld desire. It concedes to the members of all reJigiftwt denominaUona equal privileges in ur Courts of Justice. The opinion ef the Court is as fellows r i The ease presents this question : Is a person who "believes in theobligtkm ef an oath on the Bible -who believes in (jrod and Jesus Christ, and that God will runish in this world, all violators of his law, and that the sinner will inevitably be punished tn this world fer each and every ain committed ; but that there will be nepanishtnent after death, and that in another world all will be happy and equal to the angels" a competent wit ness? The law requires two ruarantias of the truth of what a witness is abeut to state he must be in the fear of punishment by the laws of man, and he must also be ;n the fear of punishment by the laws of God, if he states what is false: in other words, there . must be a temporal aid also a religious sane- tion to his oath. In reference to the first, no question is made ; but it is iesisted, that the religious sanction required, ia the fear of punishment in a future state of existence. ibis position is not sustained by the rea son of the thing, for, if we divest ourselves of the prejudice growing out of preeoneeived opinions as to what we suppose to be the true teaching of the bible, it is lear, that in re ference to a religious sanction, there is no ground for makintr a distinction between the fear of punishment by the Supreme Being in this world, and the fear of punishment in the world to eome : both are based upon the souse of religion. If, on the one hand, it be said, that there is iu the fear of punish ment in a future state of existence an awful, undefined dread, and on the other, that from the constitution ef our nature, we fear more that punishojent which is near at hand, than that whieh is distant, the reply is. this is matter of speculation merely, and has no j bearing upon the question, because the efh oacy of the fear of punishment in either ease, depends upon the degree of the belief as to the certainty of that punishment ; so that, there can be, upon reason, no ground for making a distinction. The rule of law which require-s a religious sanction, is satisfied in eithe r case. If, is true, that in the old cases it is held tor the common law that no infidel, (in wh'ich olass Jews were included,) could be swiorn as a witness in the eourts of England, wb ioh was a christian oountry, and Lord Ccke gives this as his opinion, in whieh he sa ys all the cases agree, aid he assigns as the re ason on whieh the law is based, "All infl-d-els are in slw perpetui inimici : for, between them, as with the devils, whose subjects they ke, and the ohuriatian, there is perpetual hos tility." This reason, to say the least of it, is narrow-mint led, illiberal, biotted and un sound. One excelh moe of the common law is, that it works itsel f purs, by drawing from the fountain of re ason, so that if errors erecp in to it, upon res ons, which more enlarged views and a higher state of enlightenment, growing out of the extension of commerce and other onuses prove s to be fallacious, they may be "worked out by subsequent decisions, Ac cordingly, it. is If iid down by Lord Hale, not withstandin g the opinion of Coke and the old cases, t be the common law, that a Jew,; is a competent witness, and may be sworn on tho old tOMtamont, and suah has ever since been taken to b e the law Afterwards, in the ease of Omiek und vs. Barker, 1 Atk., 19, and also in W illss' report, 538, it was de cided by the c Lord Chancellor, with the as sistanco of Ch ief Baron Parker, Ch. J. Wille and Chief Jo stioe LeC, that a Genteo, who was n infidel , and did not believe in either tho Old orK' ew Testament, but "who believ ed in a God, ' as the Creator of the Universe, and that be is a rewards of thse who do well and an anst fr f thte who do ill" is, ac cording to the eornmon law, a competent witness, and may be sworn in that form which is the nr at sacred and obligatory upon his religious, sens. The case does not show whether , aceording to the Gentoo religion, reward 1 and punishments are to be in thia world jr in the world to come. Tke.deeian ion W7 ji made without asaertaining how. the factv ms; so. it must have been considered by th eourt to be immaterial : no referenoe is ma ,cl to any distinction in regard to the ii of punishment by any cf the counsel in the 1 yong and full arguments made on both sidf $t- nor is there! ay intimation or allusion to enc h a distinction in the opinions of Chief Baron Parker, Chief Justice Lee and the J.ord Chancellor. The only thing, through ejut the whole case, which suggests to the mind the existence of such a distinction, is an expreasidu ascribed to Chief Justice Willes, by Atkins in his report of this ease, vis : "I utm olearly of Opinion, that if they (infidels) -do aot belieye in a God, or future rewards iond punishments, they ought net to be ad tbU ted as witnesses," This expression is incon- sistent with the decision of the oase in whieh Willes and the others all folly concurred, for, there was no allegation or proof that the witness believed in future rewards and pun ishments; so there must be a mistake. The Chie Justice either used the word "future" inadv ertently, and without, in his orn wtind, attach ig DJ 'orce t0 lt or Atkins miseon ceived his meaning ; and yet this expression is referred-o by most of the English writers who tre; tt of evidence, and is the foundation of all .th error on this subject. Some fifty years after tee ease was reported by Atkins, fie opinion of Chief Justice Willes, drawn out at length, in his own hand-writing, was round among his manuscripts, and is reported twill ni . j j f ... - fiiuoa. iiit woraa in inia manuscript are : "I am clearly of opinion, that nek ini. dels, (if such there be,) who eitker do not be lieve a God, or if they do, do not thinki that he will reward or punish them in this wtrld or in the next, oannot be witnesses in any case, or under any eireumstaneea, for, this plat reason, because an oatk cannet possibly be any tie or obligation upon tkeaa." This proves either that Atkins misapprehended the words of the Chief Jnatice jr that npon reflection, he theught proper to alteV the et piosaiuo, aa to mace 11 consistent wiin tn decision. " .. ! . ' ) ' '! - The great case of Oosiohnnd v. Barker, (it nay well be called "great," for it "relieved the common law from an error, that was a reproach to it, establishes the rale te be, that an infidel is a competent witness, provi ded be believes in the existence of a Supreme Being, who punishes the wicked, without re ference to the ttme of punishment. The sub stance of the thing is, very oath wtust Amve rsligioug sanction. Such being the corn won law in regard to infidels, it follows, a fortiori, that the same rule is applicable! to a. .nimwis, wno w a Knnsiianj one. ino iaci, tbat this Christian, believes that the diTinoI punishment will be inf ieted in this world, and not in the world to com is immaterial; and in no wise affeots the priaciple of the rule. It is a mere "difference of opinion," as to the true teaching of the gospel. This we Ind is the oonelusion of the Courts in most, if net all, of the States of the Union where the question has been presented for adjudication. Massachusetts Rep. 177, 2 Cushing 104, 18 Johnson 88, 5 Mason 18, 2 Alabama 354, South Carolina Law Journal 202, 13 ,Vr mont 362. ' ; ; It was insisted,' in the argument, that al though this may have been the rule of the common law, it is changed by our statutory provisions prescribing the ferna of oaths, ok. 7t) Rev. Code. ' We think it manifest, by a perusal of the Statute, that it was not intended to alter any rule of law, but the sole objeot was to j pre scribe forms, adapted to the religious belief of the general mass of the eitisens, for the sake of convenience and uniformity. ! Ac cordingly, the first seotioa presonbes a Term of oath as a general form, suited to suck asJ hold the ordinary tenets of the Christian re- ligion ; that is, an oath, laying the hand up on: "the Holy ISvangeli its," &e. The second sac tion makes an exception in favor of those Christians who have conscientious scruples against taking as oath on the Holy flveoge lists, and the form of oath is framed in refer ence to their belief, as to a "great day of judgment, when the secrets of all hearts shall be known. The third section maJces an ex ceptio in favor of those Christiana who are Quakers, ic, and the form is framed in re ference to their peculiar belief, "swear not." This satisfies the words of the Statute, and the argument that it was also intended to ohange the law by prohibiting any one from being sworn except in one or other of the prescribed forms, proves too much; for, it would exclude both Jews and infidels, who believe in a God. We think it indecent to suppose that the Legislature intended in an indirect and covert manner io alter a well settled and unquestioned rule of law, and in despite of the progress of the age to . throw the country back npon the illiberal and intol erant rule which was supposed io bo the law in tho time of bigotry ; for, ji was every day's practice to swear Jews upon the Old Testa ment, and Omiohund v. Barker had settled the rule that infidel are to be sworn aooord injr to the form which they hold to he most sacred and obligatory on their oonscionoos. If it be admitted,' for th sake of tho ar gument, that besides pre sonbing forms for general use, the leisla)n re ka4 the purpose of altering the common law, so as to exelude Jews and inf dels, who In Hove in oGod, and ebristians, who do no believe in fotnro re-; wards and punishments, from she privilege of taking the oa ths Which ore required, to enable them to teatif j ail witnesses, or to take any office or place of trust or profit; in other words, to degradt and persoouto them for " opinions sake," then it' is clear, thai tho statute, so far as this purpose is involved, is void and of no offset, becaese it is in direct oontravention of the 19 see, of the Declara tion of Rights : That all men have a natu ral and unalienable right io worship Almigh ty God aceording to the dictates of their own oonsoisoees." "A''- .r ',-' " "V- We go further, and express the opinion, that if Omiohund v. Barker had not releived the common law from the reproach pf hold ing Jews and infidels, who biliev in. God, unfit to take an oath, treating them a ser vants of the devils," bocanse their belief differs from ours in regard 10 the attributes of the beiag who created and governs the Uotverse, or if any pari of that reproach .! SV' ' .I-' .'' ' . it ' ..i.- was suit iit, toe enact ox tni aeonon 01 our declaration of rights, would be, to extirpate the error and tear it np by the roots j It was said in the argument, " to be sworn as a witness is no privileg$lbB person loses nothinr by being held incompetent " This is a narrow view of the question. , Jf he be held incompetent 'as a wieness rn the ground that he cannot take an oath, it fol lows that he cannot swear io a book aeooont. If an injunction is obtained, it most be mad perpetual, because he cannot swear to his answer ; nay, more, he cannot take the bath of office as a constable, sheriff, justice of the peace, judge, legislator or governor ; in short, it would be the institution of a test oath" towards which our revolutionary fath ersj had so just an abhorrence, and which: is wholly repugnant to the tolerant and on- ligbted spirit of onr institutions and of the age in which we live, there is so error. Judgment affirmed. The Kentucky : American' Council is to meet on the 21st. ' ; i James A." Bayard, Senator from Delaware, is said by an exchange to be the best billiard play er in thTJuited States. POSTSCRIPT?' 1 TERRIBLE STORM A f VER A CRUZ 1 xm M'hu, YesJ Uii-Xuican Ska, nreckeifOHt Muvired Li., Ust -SttaZ-y Sk Moniema Lost-C.t aU Drowned!! f . ft appears that 'iw.i.. ber a noi ther et in at Vera Crua an! alont the coast, which tfradunllv and rapidly iwrealSf In : 01 it amounted to a " ferriU. toE serioua destruction t ibe.-aliippimr in ard an awful uWruciion of bumai lif ' . During iu prevail tl0 je tJian M crew were saved. ed, end one hundred of thoi u board oerisK The tnjjiliiD CZW u--1 log for some t me. nH a ..! L. . , ftAil!?i '' lt' P-?"Rer cam. on to New T . , . The Col'ioum is Tt- r,,iu i Aivaraaa . h steamship Daniel neht nt v r.t i from 0rlan8 for .Texas, it is reported e x - i TTe ?rth,r Dr , ' wn inst.,an.i was driven ashore condncta of $3,000,000 in specie was ex- ONE. DAY LATER FROM EUROPE. The Steamer Emeu tins arrived with oue day later newa than that brought by the steamer of the 27th. f- Despatches frdni Berlin, atate that too wares thua.asni m Switaerland was increasirg on U "des. lie whole Swiss Union was organised for defen-e. Aa appeal had been made to the wo men for ambulances. 1 The Diet had received from Louis Napoleon a DUEL FBUSTRATKn A correspondent of the Anruoia flit DA paper, published at Halifax, H. C., writing from Weldon, on YV edneaday last, aaya: Newa was received here last night that a 'ten steps tragedy" was anticipated here to-dy. at a Krtiif vision a r r . . . we- about nooo. by parties from Petersburg and Nor- 10,ur, correspondent has been unable to . . g " " .fvM Hii.via w get the whole matter atraight, but all that I could ?r" "mounts to about this: A gontlernan ori ginally from Warren 00., named Robt Hendrick, and another from Norfolk, named BSsbee, (I be lieve the Editor of the Norfolk Daily News) ar rived here to-day oil the Petersburg and Ports mouth trains to settle an "affair of honor," but thanks to the prompt and efficient action of Jus tice Campbell, their design, was frustrated, and one of the pirtiea held to ba'1. Miomoak U. 8. Sknto. The Legislatnre of Michiran has elected Zachariah Chandler, Black Republican, U. S. Senator in the place of th Hon. Lewis Cass. I , Mr FOR CHILDREN ! Uioiiir'i 8 f .... is the ealy article partiealarly suited for Ckildrea 11 jow wiaa ueir beads entirely clear ef Da. draff, eaeRoaaer'a Bay Leays. If yen wiah to comb their heads with ease, a Reaser'a Bay Leaves. If yea wish to beautify their heads aad iv them the appearance of little ladies and a-eutle- en, mse Kessera' Bay Loaves. , 4 Ifyoawishto Premote tae mmth f tk.i hair and eauae it to flow ie glossy and lnxariaat ringleto, se Kosaera' Bay Leavea. Aad if you, the eereat, wUk these beaefielat reaolU to your 0 wa hair, us Rosser Bay Leavea. Preeur year supply of ?ESQUD ft OATLIN. the only agents fer thia eity. ; MAARUID. .- J. . ' ;, ' In McDonough, on the morning rt tbe 4th nsU at the residence ft Mr. John Fj-r. l Rev. L. T. Doyal, Mr. Chas.! B. Smith, f.mnerlr of Raleigh, N. C, to Mis Ellen A. Fryer, of McDonough, Ga. I V In Caswell CO.. at the residence of .TimmTC. Ungten Esq., on the 8th inat., by the Rev- Jtw. H. Pickard. Dr. Ed. M. Powell to M ;u p Waflioftoa.' : TUb InteUlf sjooer" Newapaper. Bulldins;, Flxturef, &o., Pot , Sale at FabUo AuoUoq. 02t THURSDAY, Fobraary 18th, 12 o'clock, V. fltRE Sebacrlber, intending te remove from A Petersburg, offers tot sale, at publlo r.aeUoa tae of et te i-,. .,,...:.,. "PETERSB0R8 INTELLIGENCER." With all iu Paiasas. Tvr. Fixtcaaa hd Qatta Will. "THM INTBLLlUKNCKtt," with tbe ex eepUea ef a, aiagl paper, is th Umi Journal ta y trginia, and one of tfae oldest in the UmiU Slates; ita aaterial ia now complete la every particular, eosaprialng an excellent, safe aai rfU POWER PRESS, Type geed rer 18 aonths loager, Iaapoeiug Stoaea, Oaaea Steads, and eve rytkiog (a4 ia good order) neeeaaary U eoastitute aa exeeUeat newapaper oifioe. .. The worth of iu 'ywinrfT can be satisfactorily ascertained by referee t the books of th offiee, which hv oeee aeeurately kept, and waiek will ahow to a eent th aett incea of tbe o&iee froaa 18SR te the preseat time. AH persons desiring to exam ine theat with a view of making-proposition a for purchase, are respectfully iaviteu to do so, with the assurance that a free access to every channel ef Information will b herf ully granted. v Immeoiately after the sale et "tbe Intell fsa eer" newspaperwill beeffered th BK10K BUILD ING, on Bank si., one door east ef the Exchange Bank. 'The site is known as on of tk most tral in the eity, and the Building was erected with txfTtim reference to a newspaper ojiee, ' . TsmMa Fer h Newspaper Onie, 6, i2, 18 and 24 month for approved ndortd aec oti blenote. Forth Building, 6, It and iSmwotibs for approved endorsed negatiable notes, and tide reserved until tk whole is raid. " : :r - a . JOHN VT. BYHB. . , d 17-tf PASXILL ft BON, Auct'n. 4 1 MKB1CAN ALMANAC aai lUpository of jfVf1 Knowledge for 1867. . This work contain great variocy of Osefal in. formation, and ia truly valaatle. Price il OU. Call and purohas a eopy at ' ... T AVENSCEOITa Ci.KSTh worksof tbe ,rU. KeV. John Htark Ravencro(V V. D. ootid JjdHtoa, 2 ols, Ovtavo. For sate V - ' . U. TUEVE1, j H. C look-Store. sept, it, im. J . 74 f4 "j t 1 ..! i ' i. V
The Weekly Raleigh Register (Raleigh, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Jan. 21, 1857, edition 1
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