North Carolina Newspapers

1 V - it t ? - ,'s1 ! n ,'V,r.t i'trf j a L. irAnRIS;Eclitor. Ours are the plans of fair delightful peace unwarped by party rage to live like brothaa'l 7 :i ' , j Tf. Jf. BRQWJf, JitMiskeT.i " '"' . : ' 11 ' "J , " :' " -I '--' l'1 rT V, , iU - ' r'""','"""":,;i::' " :i VOLUME I. 4 RALEIGH, THURSDAY. MAR0H 7, 1878: !, ; V v, !' - iOTMEBidaK . . : . f - - - - . ... r - II -J r r m I I kvr UaY-A II IKJ ... . ...r ... - : ' ' - - ' 4 - H it1 , -V if ITU 1 11. W. Taylor, First Comptroller of thd I'. S. Treasury, died suddenly of "paralysis on Monday last. :.. - ' ' It is proposed to introduce the Moffett lai"'i?tr into the District of ColatnbiaJ Th matter is now before Congress. 11 f Ex Sonf tor Wade of Ohio, is (!;UiiTCi"ousi v m. xiis , recovery is very 1 !11 i YT ! doubtful (reiu Giu-ntldill stiimp XTew Harap- ., r rr fiiiro for tlie Republicans during tlie' i3" campaign now progressing Hon. TIotns W. Ferry has : been re elected VvcBidenproleirre oii 0 SI Senate, lie. is one of the . best presiding officers the Senate! even ha4, ? ;f j Mr. A. W. Beard, has been nominated as Collector of the Port of Boston to suc ceed Mr. Simmons, whose term has ex pired. Mr. Beard, was recommended by Senators Hoar and Dawes-' ? The Collectorsliip of Customs at. New ( irieans- eon tin ues " va wih t. r Williamson's 'nomination was rejected by, the Senate. The President- onglit to nominate Gov. r:ukard. 1 ' ' ' Considering the great hue and cry liiude over the Electoral fraud, it becomes a matter of" i mpoi tancd to consider that the laws of South Carina, Florida,; and L misiana;. whidi , providea Beturhing Board, -have not been repealed I These Siates will undoubtedly be counted for the Democrats at the 'next jelection without re ard to law or evidence. : J II inois Democrats liavc called a State Convention to be, held April 11. A State Treasurer and Superintendent of Public Instruction 5 are to be elected on the general ticket, and a Legislature which will choose a1 successor to Senator Qgles hy,f The campaign bids fair to be lively and thorough. Tliere is no reason, to .loubt a sweeping Bcpnblican victory. Gen.. Thomas C. Anderson, one of the Louisiana Returning Board, recentlycon victed of 'altering the election retntn of 'Vernon Parish, has been sentenced to two years in the penitentiary. The other members of -the Board are in jail await ing for trial. Tlie trial was a fffrce from beginning to end, and is part of the pro gramme of the White League to stamp -out the last vestiges of Republicanism in the Pelican State. Appeal will be taken to the Ui.iited States Supreme Court. ; ' .. 1 ' ,: t s J -' ) 'It - A member of the cabinent expresl ted tlie opinion on Monday last, that the .President, would" veto, the silver, bill, and that Congress would then pass it over hiseto. lie thought that the President . loolced for his termination!: tJiematteiv He did riot believe that the bill, would be sent back to! Congresif6r;MyJr Xv'o yet, some time being necessary for the.jtaref ul preparations. of the objectinns to the bill accompanying the veto. We are now within five months of the August ..'election at which time n three f udges ef the Supreme Court, and ..tlirep Judges of the Superior Court, nine Solic itors, members of the Xegislature, and county officers, arc to be elected.:--The ;ampaixn will soon : open.' ? Republicans tliFoiighout the State should: use r?evjry xertion to ' increase the circulation :.:of their party papers.' . , '.- i''- Send one dollar ,and fifty cents and get 1 hk Register for one war. 'L Jt,j y HUMOUS ECOKOMY: ' Hteentlv several genlemen who ' are eminently qualified for the position of Supreme Court Judrc." have .written der (lining to bfe candidates because bcy.arir ot live upon a salary of 35,500 per-yearf Ple compensation attached to thQ-highest judicial station ' in the State. - shoul4.be suftieiently' large ,to command theQSt talent in the" legal profession. Witli few ' eeptions, where appeals, are taken to'the United States Supreme Oourt, , the lives, 'ibcrty, and property of our people are at 'e disposal of the Supreme Court $f this .iie. We are to have three Jnqges heveui'ter instead of five.' ' The smaller the -;f'rt, tho more wrork for each member. 11 would be nothing piore than" right and J't Jf the Legislature would divide the al:Rregate salary now allowed five Judges, H'v( on tl io three Judges who will con- C. i stitute the, ;nevi court, l Present expenses vvouldijabt ,be - increased by so doing, arid the j salary thus . allowed would eora mand thbf services -of the very best law ; jThe message of President Hayes veto ing the silver bill, was reacl in the House of Representatives on yesterday (Thurs (Jaj28thvult.) v; ; . . ; . - h iAlthouglx ihis;actiori the-president s.pot- endorsed by the 'Representatives df-the-people in. the present Congress, yet welare corifidetfUihat ft be disensse'd in' ull sj bearings, President Hayes would be endorsed by avast majority of the people of the country. The Presi dent in his message draws the nice point that the, bill fails to, protect pre-existing Obligations. Such being the case, it is ex-gost facto in character and would pro bably, be declared, to that extdnt unconsti tutional should the question be taken to our : highest tribunal.4 That such movement will b3 resorted to by some of the larger creditors, of the government is asserted in moneyed circles. , t In his, message the President says : - It has' been his eai-nest desire to concur with u Congress" in the adoption of the measure to increase the silver coinage of the country, but so asf not " to impair the obligation of contracts, either public or private, nor injuriously affect the public credit. It was only on the conviction ,that this bill did not meet that essential re quirement that he felt it his duty to with hold from it his approval. The message further states that the capital defect of the bill is that it contains no provision protecting from its operation pre-existing debts. In case the coinage which it creates shall continue, of Ies value than that which was the sole legal tender when they were created, in the ! judgment of mankind, it would be an act of bad faith. The 5 standard of value should not be changed without the consent of both par ties to the contract. The national promi ses should be- kept with unflinching fideli ty. He could not sign a bill which would authorize the violation of sacred obliga tions The obligation of the public iaith transcend all questions of profit or public advantage. Its unquestionable mainten ance was the dictate as well of honesty as of expediency, and should ever be care fully guarded by the Executive, by Con gress and by the people. A BOLD STAND. ' The News of this citys takes bold ground against abolishing the poll tax. The main argument used by this paper is, that the abolition of the poll tax would rinder mine free public education. The; com mon school system now in force in North Carolinais a moekery and a disgrace to the people of the State. Schools are not now kept open more than two months during tlie year ; teachers of learning and experience can not be obtained because the school law limits the pay of teachers ojf tlie first grade to forty dollars per month. , With' this state of affdlrs so f or a4 education ris concerned 'The Observer of this city asks if "same constitutional change cannot bo effected by which this money difficulty may be remedied." So it appears that under Democratic rule from 1870to the present the school sys tem has gppfrom bad to worse, until the present common schools of two : months duration during the -year are little better tlianno schools. Poll tax has been col lccte'df every year' since 1868', anil yet we find i'the roots of public education" in an adyancod state of rottenness and decay So much dependence is put upon! the poll tax'and so' little realized therefrom, that ifs'hfglt time that the people who' have sons -and 'daughters " to educate; should take their own matters into their own tantJsand 1 cbfnpel the next Legislature to abolish the poll tax arid revise the sys- tetri7 of taxation bo that the constitutional reomrementT that the common: " schools shall lie !liept bjpen 'at least fxur monihs dnrina" each year, in each school district, shall be obeyed and not remain a dead eve5ry llay as' it is1 nW,1 because the' Legis lature : will not " prtrldtf' the -.'necessary. amount of money to enrry out this all im tant provision of our i State, constitutions Taxation' Inof th;;CarbJ?ua: is.less fliati in any State'of the'ITmiia'ndyet,:'there is more demagoging by politicians upon thi subjcfcAthan any i other vquestion of State policy. These., demagogical gentry have a staunch advocate in The New8 of this city.: Having effectually disposed of the edu cational argument against the abolition of the poll tax, we now await an answer to the other reasons heretofore given in Th Register in favor of the abolition-of the poll tax. - THE LATE CHIEF JUSTICE PEAR SON. jIemorinl ta tlie v General Assembly of 1870-71 His own answer to'the Im- putations against Ilim. ; Mi Editor -l I feel Jt,,to beMutyi which 1 owe to thairiemoryof toy Fatherfi to hand. you for publication the accom panying sheets, written by himself in an swer to the grave imputations that were raised against him by reason of his decis ions in the Habeas corpus cases of that year. . You will observe that he expresses a desire "to perpetuate the evidence for consideration in calmer times." I think that the present is an opportune moment to give to the public his answer to the grave charges that were made and believed by many in 1870-71 ; and I al low myself to believe that this vindication of his course and motives will be read with interest by. every citizen of North Carolina who regards the good name of the State as closely linked with the good name of her public servants. I am, sir, Your obedient Servant, Richmond Pearsox. To the Honorable the General AwmNy of North Carolina : As Chief Justice of the Supreme Court, I respectfully ask that the following me morial be put upon your journal, and that such further action be had in the premises as may seem to be proper. An imputation of conniption and ve nality in my official conduct as Chief Jus tice has been made. It is without the semblance of foundation, but the public mind is at this time excited, and it Aay be there is now no adequate relief for the grievance. My purpose is to perpetuate the evidence for consideration in calmer times. . In 1868,jifter being on the bench thir ty-two years, I was re-elected Chief Jus ticc on the nomination of both parties, by an almost unanimous vote of the people. This may be -iissumed to be a sufficient voucher of the' estimation in which my official "conduct was held up to that date. The several opinions deliverd by me in the "Habeas Corpus cases" and my cor respondence with the Governor are report ed (04 N. C. Repts. Appendix), The opinions speak for themselves. The imputation being in general terms, can only le met by a separate noticeof the several particulars on which it is made. 1. In the fall of 1868 I published "an address" setting out my reasons for in tending to vote f :r Gen. Grant ; save this exception, if it be one, I; have taken no active part in politics, since I had the honor of being Judge. I have never made a political speechnever attended a political meeting- never written a line for a newspaper. In - short, have done and said as little about politics as any man in the State. Yet the charge is made I am a partisan Judge. ? 2. Upon the refusal of Col. Kirk to obey the-writs of habeas corpus in Moere and others, as he said, -by the .order ' of Gov. Holden, the counsel for the prison ers movfed for an attachment against Kirk, and for an order to the Sheriff of some county to take the bodies with power out of his custody ; and after much excited discussion at the bar, I addressed a com munication to his Excellency asking to be informed, if he avowed the t order to Col. Kirk ? ; That night, to prevent a repeti tion pf excited discussion, and to confine the counsel to the points .on which I desir ed to hear argument, on the supposition from what was set ont in the affidavit of service, that the Governor would avow his order to Col. Kirk, I. drew up four questions, intending to announce them 'oil the corning in of the Governor's reply H IE snouiu pe as x expecieu. j.ue xour points were announced on the next morn in i. This saved delav L had no com- mitnication -with Governor Holden direct y or indirectly in ! regard tto tie matter. So thelparticular of my acting in complici- ty with liis JLxccilency has no inundation in .fact;." I. ty it, s On5 the argument or" tlie motions and the four points, tlier'e were five of counsel for the prisoners and f one for, the State Being, asked by the prisoner's counsel, if he would all ow . all to address ne I replied "if it; be your wish,' but it sumed four days. Mr. Moore occupied one day, Mr. Bragg another. The three Qther. counsel, (with Mr. Badger , who ap-s peared ior the- btate and spoke about an- hour) two .days ; and, it was closed ; on Thursday. The opinion was written on Friday, and read jn Com-t pri Saturday morning. Wliile the, argument was go- isst on it was published, 'fThe Habeas Corpus cases hung fireT After tho bp ion was hlled the greatest atjuse was hurled at the Chief Justice for the delay -"such I Judgeis jUMitoU&couo -try." '-: ' .-.:', - : 4. In the opinion referred to, two points are made. , I decide the first which is preliminary in favor of the Governor, to-wit: that under the statute he was authorized to declare a county to be in a state of insurrection, and to arrest suspected persons. I decide the second which is the main one -against the posi tion taken on the part'of His Excellency, towit: I declare the law to.ibe, thatthe privilege of the writ of Habeas Corpus was not suspended, and that it was the duty of the Governor to allow the prison er toj be delivered up to the civil authori ties for trial. This " prevented a trial Tjy a military court, and ought to have been followed by an immediate return of the bodies of the prisoners. The motion for an attachment against Col. Kirk was not allowed because ho liad a reasonable Sherijff of souie couhtjj toftqtoj piSone?-s out of the custody of "CdlKfrlP V?ls rtot allowed, and an order was made to the Marshal to bring the prisoners before me, and he was instructed to exhibit the order, together with a copy of the opinion to His Excellency. V . , This wa3 done for the reason, that under the Constitution all of the phy sical power of the State s vested in the Executive, and the Judiciary has not he power to call upon the "posse comi- tatus," especially of a county declared to be in a state of insurrection, or to 'accept volunteers to come in collision Vitn a military force, called into active service , by the Executive. As against Cot.1 Mal lett or Col. Napier during the war, it was my duty to enforce the writ I had the power, because I had the Governor to fall back on. But as against the Governor who is commander iil-clHof of alllable- bodied men in the State, it was other wise ; that is the point every man un less he shuts his- eye3 must see it. I held full conference with the four associate Justices ; we all concurred in the opinion, that the power of the Ju diciary aS against the Governor was ex hausted, by declaring the law and leav ing the responsibility of declining to obey it upon him ; the law was declared in terms as explicit as I was able to usc.y But it is said, "I should not havj dis closed my want of .power 1" That is I ought to have tried a hand at bluff, in support of the , sacred writ of Habeas Corpus ! ! ! - '"' - Such inariceuvering is not tQlefated by the plain dealing; of the law.' It Was my duty to set-out the matter squarely and let his Excellency see that ! the "whole responsibility of refusing- to ; revokfiis orders must be assumed by' him. This he does in his communication on the receipt of a copy of the' opinion,1;, This communication recites; that his authority to declare a county to be in a! state of in su rrection, and to arrest r suspected per sons, was conceded by me, but it omits to refer to the fact that I had decided the main point against. himr andthus, Jtlac tion of fHis -Excellency is made to h& in appearance less ' at variance with the law as declared by me, than it") was in fact. Indeed) jriany " persons, upon superficial reading, took tip1 the impressiori that 1 had to some extent concurred in the refusal to revoke liS'bMeH'Qy epise quent thereon. To correct this false im pression,! take oecasion: in mycoinmuni- cation fixing the time j when-1 would re ceive the returns, to say that I had not in any way concurred ' in the delay, and! the whole responsibility' rested out His Exccl- 1.1. "x-tII- i 5::' ' lency , yet; - mis -laibe . impression' is per sisted in. to- bolster- up the groundless charge of complicity, . - - - t Had I, contrary to iriy own jn igment, excuse rthe order -of i;bi-Cmmaiider-ui-chief i , The 'motion isk In MM io hie and. that,plthe f;0at-Justice&j as to the extent ipf my pqwer, under; the consti tution yielding., to the- popular clatnoiy usurpeq power wiuqu x JMyW . Ym "V.1 ve long ta met made tlie order 'arid - caused.a collision, I should have .ielti that blood was on myfhatids-for- the want of ntoral courage .to irefnse to taake auf illegakpT-i elariiori " It could have bea ieldfi4rtp without a very great exhntion(iof .that virtue: receptions . an4 j pytics;avaited! those wlio ifiidedi with. men,jecns(i , p ;se cret murder and other toownledoies.,! was told, grarit the! orderjal ten thou Thank Goo., T haTthe firmness to stop wheri I j hd goneAtd tfie v extdnt of ,njiyj power. I believe sQme day. or pther- af tcr prejudice passes awayy every,, one will give me credit for doing my fluty without fear, or favor. By its proper discharge trial by military court was prevented. A secret organization, dangerous to the very existence 5 of. all government, and making the arm of .the civil .law power less, has been? exposed, and, (I trust) ex tinguishedj and a danger of civil war has been ayoided. ;Tbe delay of aj fev weeks was a matter of .which the responsibility in no wise, attaches . to , ine. ,; f This is the main particular on ; which, the' imputation is put; the others seem to be thrown in as makeweights. ; . IJis Excellency in. avowing his orders to Col. Kirk, takes the ground, that the public safejty did not allow him at tha time to alow; the writs to be obeyed! Mr. Badger on the argument took the same ground ; the prisoner's counsel reit erated -"fiat justitia mat coelurii." In the opinion' referring to this matter, I express the hope that as evil as times are it was not necessary to resort to that extreme principle, 'salus populi suprema lex." It is charged that the Chief Justice sug- gested to the Governor to occupy this position. He had already taken it and the object ;was to induce him to revoke his orders and permit the marshal to exe cute mine. ' .. When it was known that Mr. Barringer intended to resign his glace on the code commission, the Assbciate Justices inform ed, me it was their wish, and that of many meihbcrs of the bar,' that I should accept the place. After a conversation with the other commissioners I concluded to haTe nothing to do with it. This was paraded before the public as my motive. This reward I 'was to receive - fori complicity with the Governor in refusing to call out an illegal force and for refusing to usurp power whhslf did not belong to me under the provision of the constitution. Writs were issued by me in Wiley and others, to which tli6 same reply was made., I left- Raleigh sunder the impfres sion, out ; wiiuout any commumcaitou with the Governor, that he) would at a future day allow the bodies to be return ed and the Associate Justices were,, re quested by l mc to attend when notified 'of the time, and aid in the examinafiori' of the question of probable cause.1 Accord ingly upon Ian official notice that his Ex cellency was ready to allow the return to be made, If ' repaired to Raleigh as did Justices Dick and Settle,' and the return was made. ! In this I am charged with bein! 'a; ' "tfttlot ' GdverHor V'V The responsibiliy6f fjelayrdid not? rest upon me. ,1 received the returns because it was my duty to do so. His Honor, Judge Broolb put a' rule for ail attach ment on Colonel Kirk for' dot making the return to him, . but after argument be came' satisfied thatitwas' made' properly to me, and could not agreeable to" law have been made to him,' 'and the ruleas discharged. Judge Bond "01' the Circuit Court, tf: S., takes the samri'view'as I did; and overrules His Honor; Judgi BrooicSi m the matter of 'tiri3dictiort,1(Seet6pin-' ion in the matter of Bergeri;) 7 , t The bodies of the ' prisoners 1 erduTe turned by 'i Col. Kirk?' and p'fafe tne custody oFthe Sheriff f Wafieat'tcff o'clock a: mr AMrVf Ba'dgeT 'uadwritterii general return 'on' brie piece"5 of 1 papcf ; 1 1 1 suggestedlto fiina : that 'Separate;' witrie buuuiu uc uiiuu un every wnt, Jioriy-Hiuu 1 believe. fThe entries' wer'G' notNvntten out, until Wi evening "or tieliext dity iti is charged that the Chief :Jilstlce allow ed the ehtfies to be antedated T. r u l71- ! On f the ! examination ' of ' ;the question of probable cause before ' J ustices1 .Dick: Settle and tmyself in npremj Ccrttrl room, the crowafwas so'dcnse'lthar thcrcounse' suggested san' adjournment4 Ito the' Senate , Ghamber or Court houseV wc adjourned to meet at the Cdurt-lionseM On .Tuesday, finding Vue room suff ocatin g, the window shashes were removed ; on Wednesday, there was a f urther . source bf annoyance, workmen were lummenng aipon a siruc- . ture jsbmq. fifty 'iarcls' from Ulfc0,C6nVe- house,? and -thewitnesses-conlu not oo heard the Marshal wasrcent tp request iherii fo stop teplyV thyereaTpreB- ed for timea and ccmldtiot -etpp." Justices un corisulation iwero 0t ppuv ion siHin 'at ..Chambers;, that they,.a $ power to enforce obedieii co. Itfwas then; announced that the next meeting would be at the Supreme Ooiirt1 'rooin to jivoid the noise, and that, tho Marshal would i.orneys, parties auu . v 1 1 nupac-p, suffocaUoh.V No .;,'pHefH. r'Mr The .examination of the . witnesses on the part of tH State was rpsuraed in fee ppurft room.,.; .Up9n : this .tatp pt tacts, i;u is . published to the country that , the .Chief Justice was guilty of cprruptionpffice, this : (having Eearel 'tho evidence against the' prisoners iff ri crowded room ; when the prisoner's witnesses were tP be heard, he adjourned to the'cour.t ropin and excluded all save a limited number. ? I was compelled ' to go rhomeTau on . eaving the. Bendy announced that the Justices had concluded there . was proba ble cause developed by the. eyidence to , make the prisoner Tarply Hale murder of 6 utla w, on the principle; stated by Mrf Boy den5, "When a conspiracy is - proved, each individual is liable for the acts or the others donp in iaun auu ' t-T ?j 1 ,1 1 common purpose.' jere - iE au uueu proved that Tarply was . a member of t Hhe order,", arid at a meeting! of two ;caraps tiad moved the death i sentence" on Cas well Holt. This showed deatli as well as scourging was a purpose of the order, and would f make out his Jnilt, although it could not be proved that he waspreseut when Outlaw was hung. But a the witnesses ha, been examined on a charge of misdemeanor the prisoner had a right to have the evidence all heard de novo. If the objection was made, I would ad- ourn the matter to be heard at my resi dence, and Tarply must enter into recog nizance fur his appearance. '-" Judge Battle thereupon remarked, he had ad vised, his client that .according to that principle pf law .there was probable cause, arid it was of ,no use to go to'Rich- mouu xxm tu-.near me evidence over again.. The prisoner entered into. recof'- nizancp to answer tlie charge, of murder. On these tacts it is charged the-CIuef Jus- ice acted oppressively to one in Ids pow er andjintended to take fum; away from hislncnds wliere he could noj; give spen- These . are . ; tlie .ton - particulars . noon . which the general Imputation; of corrjlip-, tion annl venality in my official capacity I snbmit-they-do rnptrtaken separately or collectively, make out tho semblanc e of a foundation to justify om excuse the imputatipn With high respect, I ! Chief Justice Sapremb cJurt. i Oar Hnmorou CToTernor I The following was clipped from a Phila delphia paper of February 26V J 4ti - ; few f days aricer Colinel Bradhy'T. Johnson, of RichtnoriaVVaV restcd permission irom uoyernof y ancP f pr the Walker-Ligit Guard to pass tnrobgh'he State of North Carolina. bd,5tlHlr 'WAV to Charleston. Governor Vance rcspon- dedf as follows : ' 'Permission1 Granted tn . i ,r - .. ' i ... : i. s 'ita ; UUUllrll 1 ir. James' tf. HarrlJj " . . .,. -1 . v '. i This gcritlemau Will'iri Akorcrt nf the dridevo upon lhtm,5by the late tate !Con vehtiori f of colored men.' held in 1. sefidfweek'of Maych,w 'upbii',fthe " moral, material and'.p(iucationai interests ' of the colored people of this State; 'Koticc'of time and place iir'apear hereafter; "'"". pass through" North Carolina' '-wWyour cpmriiand .' l3ef 1 Virtuous Wdoill 'be happ j&4n t you 'wori't have' mtich' fun." ims city, apa by invitation, addlrdss the people b;f ' tfew': 'Hanover; reridef,v6'ns- . uLiivx , vuuunvs, uiirinir ine 'Hdri James W.''Albcncoii ' has" been nominated by thc Presideiit to the Senate to-kaecccd TIoriRi C. Radgfcr - as tJS. : AftPrrifey. f ' Tliis-'Is a"- gPod- appointment andrwill give' 'general satisfaction -tTh-a Seriate1. willr undoubtedly corifirtn he npnv t irifttionl1-0 5 " - ' .'7 fh t I f i 4- IV 9 J,.