J. at. irARRIS,Editor.
Ours are the plans of fair delightful peace unwarped by party rage to live like brothers.
n
TK M. BROWW PuMisJieh
VOLUME I.
KALEIGH, TUESDAY, AUGUST
7.1877.
NUMBEK 20; v"
' j TIIB IiATEST NEWS.' j
Thdrnatiodal debt was reduced last
lonthj $818,000. , r . y
The ftrike decreased the revenues of
the government one million of dollars dur
ing th s month of July. " V" I j
The strike is about over. There is some
trouble at Wilkesbarre, - Pennsylvania.
jThe Gdvernor is there- with 1,000 troops.
The Roumanian array, fifty ' thousand
.strong, will cross the Danube at Girla and
Rahova., ' U
J Ans tria will , maintain : a position of
armed neutrality, on account of the action
of Roamania. i 1 j t , T
Hon. II. W. llUliard, of Georgia,! has
bean appointed Minister 1 to Brazil. rjThe
appointee is in full accord with the Presi-
d3it. - i ': ; "
The, Okio jRepnblicans.held theirState
Conve ition on. Wednesday last and nomi
nated W. ril. West, of Belief ontaine,
for Gc vernor. , M hq . s ' -
Ex-1 jov. Joses, of South Carolina,, lias
been released ' ph v bail. . He will turn
State's . evidence and tell all he knows on
' his accomplices F . ; ; u
The reported defeat of the Turks at
' Plevni is officially 1 denied.. There was a
hard fought battle without decisive advan
. tage obi either side, . I
The U. S. tax on brandy and whiskey
is 90 cents per gallon. This is top high
and ir duces men to violate the. law by il
i licit distillation, selling' without having
' paid tie tax, and in numerous other ways.
' -We hope Congress at its next session will
reduce the tax to 50 cents per gallon.
The government would derive more rev
enue Id: this figure than! at 90 cents. I
The President fully understands , that
the support of the Southern people is not
to be I obtained by mere appointments to
office Hence, the ; statesman-like policy
towaru tne oouin, me reionu iu uie yivu
discharge of useless employees.' i 3Ir.
Hayes is conscious that act speak louder
' than jwords and please the people much
better than the appointment of Demo
crats to office. The President- has; the
courage of his opinions; he dares to do
right though his acts may temporarily im:
pair the efficiency of the Republican par
ty v f'He who serves his country j best,
serveb his party best." This must be so
unless there is no patriotism and jlqve of
country in the hearts of the people.
- Shortly after the troops were removed
from the State House in Columbia, there
.was i meeting held iri . Charleston of a
number of men who had been leaders of
therilepublican rparty in South Carolina.
Thislmeetinc; denounced President Hayes
aid Condemned his action in unmeasured
termL It so happened that one P. J.
Mosis, who ltad been Governor, pvas the
leading light of the anti-Hayes meeting ;
it now turns up that this same F. J
Moses has been arrested and put in jail
for issuing fraudulent pay certificates to
members of the Legislature when , she .was
President of the Senate and Speaker of
the House of representatives. jSucji men
as this have, caused the Republican; party
in the South to become a by-word jand a
reprbach in the mouths of the( people;
whehi we stop and recall the fraud, and cor-
r i ption committed by Republicans th rough-
mt every Southern State, it is a fonder
that! the Republican party exists any
where tis a State' organization.; . Wood
ruff
Clerk of the South Carolina Senate
for
the last nine yetars lias been i arrested
in Philadelphiaj charged with forgery aria
larc
leney in his official capacity as Clerk.,
A;
O. Jones,; formerly Clerk! of the
Ho
iise of Representatives has . also been
arrkted upon similar charges. PR. H
Gkjaves, colored, and formerly Lieuten
ant) Governor has fled the State.! j
Chief Justice Moses, wag the father of
FJJ. Moses. Gov. Chamberlain refused
to commission the latter Judge of the
Circuit court because of his known cor
ruption andiunfitness for -the place j This
made the Chief Justice mad and arrayed
tap court against Gov. Chamberlain in
-f -contest with Gov. Hampton, The
olid man has since died, arid fl J: Moses
ad his conf ederates' will doubtless wake
some line morning and find themselves
ung stone for th PnWff fifat
-tirom the Governor's A,' tu
ary ! budi is the wages of crime! m
ui iese persons is at the in
1anee of Legislative committee who
unearthed the fraud upon which warrants
otarrest were issued! t is lo be hoped that
the defendants will have a speedy and im
partial u trial;: if convicted, that the
severest penalty of the law Will bo impos
ed npon them. - , - (
THE QUESTION. OF JURISDICTION.
The j Raleigh Register, the State
organ, of the Republican party, says
Judge Schenck's decision, that these rev
enue bummers, who outraged ! and mal
treated the citizens, of the State' were
amenable to the State laws, is a decision
that is repugnant to - nearly all Republi
cans. If it is the doctrine of the Repub.
lican party, as" The Register assertsj that
a citizen of this State can be assaulted, or
otherwise abused by federal officials, un
der cover of office, and that the State is
powerless to afford them protection, then
the quicker we can get rid of such a party,
the better it will be for the people." The
people certainly have some rights federal
officials should respect, jahd if they don't
respect them, then the State certainly
should have the power j to make them.
Winston Sentinel. 1
It is not "the doctrine of the Republi
can party that a citizen of this State can
be assaulted, or otherwise abused by Fed
eral officials, under coyer of their office,
and that the State is ipowerless to afford
them protection." We hold that it is the
imperative duty of the Federal judge ;
whenever an indictment of a Federal offi
cer is removed to his court to put the de
fendant on trial for the purpose of ascer
taining whether the offence complained of
was done under color of his office, and
whether the officer was justified therein.
If he exceeded his authority as a Federal
officer, to inflict sriinjnary punishment ei
him; if the offence was committed while
in the performance of his duty as an officer
and was necessary to his self-defense, then
to adjudge him not guilty and to dis
charge him ; if the offence was not com
mitted as" a Federal officer, then to remand
he case to the State court to be proceed
ed with according to law. This is our
position upon this question and we doubt
not that it is the poaitidn of the party
throughout this State.
Ther people have rights, which Federal
officials are bound to respect, and which
the courts, both Statje and Federal, are
bound to enforce. Federal officers who
exceed their authority and assault and
maltreat the citizens of this State, cannot
escape punishment unless the Federal
judges fail to do their duty. We do not
lold for one "moment that when an in
dictment is removed to the Federal court,
that it hangs up like Mahomet's coffin and
that there is no power of trial in that
courti If such was the law, the people
would undoubtedly be at the mercy and
caprice of every man who held a United
States commission. ' ;
We most earnestly desire that the in
ternal revenue' system shall be abolished.
Some way can be devised to . raise the
necessary amount of taxes to run the gov
ernment without the present system and
without laying, a direct tax upon real es
tate. If Southern Senators and Repre
sentatives will work and vote solidly to
abolish the internal revenue system in the
next Congress, they will succeed and thus
relieve the people of j a law, which is odi
ous to them and which has been abused in
many instances. -
f LITER ARK GOSSIP.
" THE WOMAN HATER", by Charles Reade.
Harpers, New York, i Price 1.25.
This is one of the best of Reade's nov
els, written in his usual pointed style with
a broad pen, but cpntaming some hair
strokes and delicate touches that aire truly
beautiful. The characters are well deftn
ed and well sustained. Ykard, the wo
mamhater, is dne in theory only, he is a;
large hearted, generous man, always either
in love with some individual woman or in
a chronic state of theoretic detestation of
the whole sex. But decidedly the best
character in the book is Rhoda Gale, the.
Doctor, and the " little narrative of dry
facts" which she relates to the woman ha
ter contains some telling hits. She ad
mits tiiat the average man is superior to
the average woman, but riot as much so
as thet picked woman is superior to the
average man ; her account of her battles
with the professors and faculties general
ly, iri order to get admitted as a student
to the lecture rooms and laboratories, is
not overdrawn ; but is a true picture of
Uphat has been endured by many, women
in their efforts to obtain a medical educa
tion, and reminds us of the trials of Dr.
Slusan Dimock as told by herself. 5 There
is! now abundant proof that' the study of
medicine, instead - of degrading, elevates
women, and as" Dr. Gale shrewdly re
marks "The noble nurses of the Crimean
war went to attend males only, but were
not accused of : Indelicacy because they
worked gratis ; j whereas the doctresses,
though they lookf mainly to attending wo
men, desire to gf paid for it." She truly
says that" An f earnest love of science
and study controls the amorous frivolity
of women even more than men's. Perhaps
our heads are realjy smaller than men's
and we haveu't room in them to be like
Solomou extremely wise, arrant fools."
Mr. Reade is said to have received hun
dreds of letters from women, both in this
country and in England, thanking him for
this book and the good fight he has fought
for those women who, like Susan Dimock,
44 have brayely met
The careless scoff, the scorn the sneer,
And undismayed amid them all
Wrought out a woman's grand career
Say not, 44 she stepped her sphere beyond,"
But with a woman's honest pride
She sought its borders to enlarge
And in the glorious effort died ;
And glory in the woman's soul
That stedfast conqured in the strife
For though 8he sank beneath death's waves
She grandly rose o'er those of life."
The Women of the Century, by the
Rev. Phebe A. Hanaford, sold only by
agents, is a volume of nearly seven hun
dred pages containing the names of bun
dreds of women who have distinguished
hemselves, or been distinguished in the
present century. Much of it is ueccssar'i-
y mere compilation from other sources
such as Jrs. Ellet's, " Women of the Revo-
ution,' and Mrs. Holloway's " Ladies of
the White House." It lias no literary
merit and is interesting only as a biographi
cal dictionary, and in this senso is very
incomplete and in many instances unrelia
ble ; omitting all mention of some well
known literary women and giving undue
prominence to others, while the names of
many are recorded who are probably well
known in their own immediate circle but
not out of it. From the be&inninsr to the
end there is no mention of any of the
Catholic ladies who have distinguished
themselves-in their vocation as Mother
Seytondid in Maryland, and Mother Emi
ly of the Dominican order has done in
Wisconsin. ;
Harpers Haij"-Holr Semes continue
as popular as ever. Six more " Epochs of
English History" have been issued, "Eng
land a Continental Power''' brings the
history from the conquest down to? the
granting of Magna Charta. " The ise
of the People" carries it from king Jlohn
to " The TVor," next comes" The Strug
gle against A solute Monarchy" which
brings it down to the Revolution, and the
calling of William of Orange to the
throne. So that 'in these five little books,
any one of which can be read in an Ljour,
we have a clear and condensed account
of the leading events and incidents of
English history from the earliest 'date
down to 1688
One of these little books
which is called " University Life in An
cient Athens" contains the substance of
four lectures delivered at Oxford on this
subject, and is most interesting, not only
to the scholar but the general reader
Any of the series may be had for the
moderate sum of twenty-five cents.
The same house sends The American
Senator, by Anthony Trollope, written in
his usual style, with a broad caricature of
the Western man as a United States Sena
tor on a visit to England. Mr. Gotobed
rims his head against every English stone
wall he meets, and behaves generally in
the rudest and most nngentlemanly j man
ner, as we presume Mr. -Trollope wishes
it to be understood that American Sena
tors usually do. But he is not the hero of
the story an the title is decidedly a mis
nomer. The Mythology.of Greece and Rome,
is a most valuable little volu me jnst issued
by Harpers at the moderate price of sixty
cents. It is "a translation from the Ger
man of O. Seeman, and gives a concise
and readable: account of the mythological
legends as a whole, with special reference
to their use in art. Some knowledge of
ancient Greek and Roman mythology is
absolutely necessary to tho correct appro- j
ciatidn of many of the pictures and
statues, of art galleries and museums both
in this country and in Europe, and one of
the most desirable features of this
little volume is the cuts it contains of tne
celebrated works of art which represent,
either on canvas or in marble or bronze,
the' gods and goddesses of Greece and
Rome. One particularly pleasant feature
of it is the preservation of the conven
tional spelling, so that we know our old
friends when we meet -them-jj arid are not
puzzled by new names; A full index is
appended in which the quantities of the
vowels are carefully marked iso as to give
the correct pronunciation of each name.
The book is valuable, both for the school
room and the library.1 M.13. C.
COMPULSORY EBUQATION.
This subject iaf being discussech by ; a
number of the papers of the ' State, all of
he1 afmel! 'and
nrgeits adoption upon the next Legisla
ture. The subject of education is one of
vital interest to the prosperity of any peo
ple, and no other subject is of more im
portance to the people of North Carolina.
It is a . public shame that thousands' of our
citizens, grown up men and women, are to
day as ignorant of letters as !they were at
their birth ; and thousands of children,
capable of great things in the future, are
growing up in the same illiteracy 1 that has
blighted the lives of their parents and
marred the prosperity of our State.
Society and civilization demands a new
condition of tlrngs. Half j of the vice
and penury that now afflicts community
is the outcrop ani legitimate result of ed
ucational neglect. There i no greater
degradation than ignorance, and- it is the
most prolific source of every description of
evil. No species of virtue can flourish
within the shadow .of its presence, for the
rank weeds of prejudice, bigotry and van
ity smother out of existence the sentiments
of true refinement. But how can im
provement be effected? It- is claimed
that compulsory education lias resulted
satisfactory in States where , it has been
tried, and would confer great' benefit upon
the peoplo of North Carolina. AVc claim
that the passage of such-a measure by the
next Legislature, with no other legislation
in aid of education, would be hurtful and
unwise. Many of our people are finan
cially unable to educate their children.
The present free "school system is farcical
and worthless ; conferring no benefit upon
children and of no assistance to parents.
The teachers, in some instances, are no
toriously incompetent, and ofteD besotted
vagabonds, selected and employed by a
committee of similar stripe, who are as
ignorant of moral requirements as they
are of the customs of the inhabitants of
the moon. And these schools,, such as
they are, are limited to only a few weeks
in every year. Such a management and
such a system is a disgrace to the State,
and should be abolished, even if the peo
ple are allowed no other in its stead.
There are people who would gladly ed
ucate their children, but who are unable
to pay their tuition in a private school.
There are others who imagine themselves
too poor to spend money upon the educa
tion of their children, but, who, neverthe
less, can readily find a surplus dollar or
two with which to buy whisky or waste in
other extravagancies. And there are
others still who regard their children as
stock property, the same as their mules
and cattle ; and they regard their whole
duty discharged when they feed and
clothe their children for their labor.
This class are generally poor and unedu
cated ; and they imagine that the chief
end of man, and the? height of human am
bition, centers in a large crop of tobacco.
If a free public school was established at
their doors, they would appreciate no ad
vantage from it, and without compulsion
their children would receive no benefit.
We do not wish to be misunderstood
as opposing compulsory education, or
claiming that the State lias no duty rest
ing upon it in connection with this sub
ject. We do not favor a measure -com-
pelling the attendance of children to
subscription schools, when we know that
a large number of our people will be ut
terly unable to meet the expense thus in
curred. It would be direct class legisla
tion, and oppressive to the poorer classes
of our people. In fact, the poorer the
parent, and the greater the number of his
children, the more oppressive would be
the effect of such laws. But -it seems to
us; that the State has a duty in this matter
devolving upon it, and patriotism should
compel its performance. -Let the State
provide a general system of free educa
tion, for all classes of children, between
prescribed ages, and then wewill welcome
compulsory measures. No man should
be allowed to deprive his child of the ad
vantages of an .education in order that a
few pounds more of tobacco may be pro-
duced upon' the farml Society, and the
country" should not thus be cheated' out of
their claims upon the rising generation
and the laws of the State should come to
the rescue. Let the people have, the ad
vantage of a liberal school system, and
then they should be compelled to educate
their children.
Kor do we mean to exclude the cobr
ed people from the advantages s of this
system, v -Tbey should have their free and
continuous schools for the .benefi'; of theirj
ehildrerL The errors to which they, now
cnng are more tne resuir oi ignorance
than constitutional depravity. Educa
tion affords the only hope of their suc
cessful and intelligent citizenship. .No
class of our people can receive a full bene
fit from any measures which does not
include the interests of alL ' We sincerely
hope the next General Assembly will give
the subject of a free school system its
most serious attention. Danbury Repor
ter. D1GESTOF DECISIONS OP THE SU
PREME CO URT, JUNE TERM, 1877.
Reported for the News by Walter Clark,
EJsq., Attorney at Law.
Green vs. 2 he North Carolina Railroad.
An alternative mode of pleading should
never be allowed. Where there is a pa
rol contract to exchange -land ior wood,
and the seller of the land answers admit
ting the contract and offers to perform it,
the seller of the wood will not be allowed
to repudiate the contract and recover the
value of the wood. The statute of frauds
applies only to " the party to be charged
therewith."'' It can be plead by such par
ty amlnot against him to invalidate a con
tract by which he is willing to be bound.-
Henley vs. Wilsor. A resort to gen
eral expressions and the omission of dates
in pleading is a vicious practice which
should be corrected. Where a party,
pending an action, executes a deed, which
he would have been decreed to execute, it
only takes effect from its delivery. It
does not, nor has a Court of Equity power
to make it, relate back. Such court could
only require the deed to be executed to
carry out the original intention of the
parties and " enforce the right in equity"
by a perpetual injunction. Where a ten
ant for life makes a deed in fee the ad
verse possession of grantee against the re
mainder man only begins from the death
of such grantor. Where a deed is falsely
dated the grantor is competent to prove
such fact, although it could have been
proved by the subscribing witness there
to.
State v. Morgan. In criminal actions
the defendant cannot appeal without se
curity, unless he files' an affidavit that he
is advised by counsel that he has a reason
able cause for appeal and that his appeal
is in good faith. An exception that the
first bill having been nolpros'ed the venire
was not re-summoned is without. any
force.
Simmons v. Dowd. A regular judg
ment taken according to the course and
practice of the court can not be set aside
under sec. 133 C. (J. ir. nowever erron
eous it may be. Such judgment is in
fieri during the session of the court but is
final after its rise. An irregular 3 ndg
mPTit mat be set aside at any tune. The
remedy for an erroneous judgment is an
appeal at the time and if that is lost a
certiorari under proper circumstances.
The remedy for an erroneous judgment
rendered in this court is a petition to re
hear.
Bunting v. Gales. A public officer
holds his office subject to the power of
the Legislature to change his duties and
emoluments as the public good may re
quire ; hence where the General Assem
bly established a criminal ourt for Wake
county and elected a clerk of the same
upon whom they bestowed the larger por
tion of the duties and emoluments of the
clerk of the Superior Court of said county
the Act is constitutional. ..
Gregg i). Wagoner It is the privilege
but not the duty of a party to offer him
self as a witness on his own behalf, and
his not doing so is not a subject of com
ment except under very peculiar circum
stances in the discretion uf the Judge
presiding at the, trial.
Perkins p. Caldwell. An administra
tor or other trustee can in many instances
apply to a court for its instruction in. re
gard to the administration of a doubtful
trust But before a court will give its in
struction all the facts upon which" the
duty depends must be set forth and adr
mitted by all the parties interested, or as
certained in a proper ! manner, and the
trustee must be in possession of the pro
perty in respect to which tho advice of
the court is; ased. The court jwill not
give its advice .upon- an s hypothetical
state of facts. ! - ' i . , '
. Ray v. Horton.u Where after the. time
for I collection of . taxes; has expired tfie
Legislature 'passed a special act .allowing
the sheriff of vW-county to colject'back
taxes without ! limitation as ta jtho time
when the privileges should expire and on
the earns day "passed ajgeneral act allow
mjjll sheriffs onef year in which to col
lect back taxes for' same years: Held.
That the limitation in the general' act
governs. : . :;; - ;
Jung Vi; Portis. Where a mortgage
covers land in two counties it only passes
title; good against creditors to that part
lying in the county where recorded, and
this is true though both mortgagor and
mortgagee believed that the land lay sole -
ly in that county. ' A sheriff -can sell ur.
der execution only' so much of a tract of
land lying in two cotfnties as is. within" h's
own county, .-w ... . ..j
State vsJ Turpin. In a trial for mur
der threats made by the deceased bnt m
communicated to the prisoner are admissi
ble. The . prisoner being convicted of
manslaughter, if the proposed testimony
if admitted could not have reduced the
offence below manslaughter it was not
error to exclude it. Evidence of the vio-.
lent character of the deceased is admissi- 7
ble wherethere is evidence tending to show
that the killing was done from a principle
of self-preservation and also where the
evidence ia circumstantial and the charac
ter of the transaction p in doubt.
A FISH ATTACKING BIRDS.
The following account is given,
on
good authority, in Pennant's "History of
Staffordshire:" .. "At Lord Gqwer's cana1,
at Trentham, a piko seized the head of a
swan as she was feeding under water, and
ornrtrod an much of it las killed them both.
The servants, perceiving the swan with its
head under water for, a longer period than
usual, took the boat and found both swan
and pike dead." A correspondent of 27 e
Leamington Courier1 says: "The other
day, while shooting in the neighborhood
of Coyentry, in passing a large pond, my
attention was aroused by a great noise in
the water, and I saw a herori struling
"eo"
with something below the
water j
the
claws of the heron were stuck quite fatt
in the back of an. immense pike, which
was carrying the herjn about the pond in
spite of her endeavors to - free herself.
Having a double-barreled gun, I fired first
one barrel at the , heron, immediately af
ter the other at the pike, and killed them
both instantly. The pike weighed thirty
five pounds and a half." Montagu say s
that the pike has' been cno wn to swallow
a full-arrown teal. Gesner tells us of a
mule that stopped to drink in the water,
when a famished pike that was j near
seized it by the nose; nor was it disen
gaged till the. beast flung it on shore. As
we have mentioned j above a pike attackr
ing a swan, we ;may be excused introduc
ing an instance of a swan attacking a
fawn: At .Wonersh, near GuilforH, a
fawn was drinking in a lake, when one of
the swans suddenly flew upon it and pull
ed the poor animal into the water, where
it held it under till it was drowned. This
act of atrocity was noticed by the other
deer in the ; park, j and they took carer to
avenge it the first opportunity. A few
days after, this swan, happening to be on
land, was surrounded and attacked by the
whole herd, and presently killed. Before
this time they were never Known to mo-
estthe swans. !
Wasp Simei.-rHenry, M oore,-. a hul
about 16 years of ; age, who lives, with his
father near Morgan's Mill, in this county
on last Friday was tetnng by a '.wasp, on ,
one of his fingers." A short timo : after
he stins. the Dainjwas felt to extend up
his arm. and as it reached his shoulder it
seemed to fly all over him in a second,
and our informant; tola us mat in a iew
minutes lie never saw a person, suffer such
intense agony in his life. Dr.' Smith, the
iamny piiysiciau viao vvv u,
hathinj? his iointsm brandy" was able to
formant saw him last, on Sunday, he was
in a very precarious condition, and 1113 re
covery looked upon ; as aououui. jo
part of the body was swollen in the least
sting, but the pints were aimosb -vw
as ice. His prostration could be attrib
uted to nothing.except the .'stiri of the
wasp. Monro JSepreu,. , . , :