Newspapers / New Berne Times (New … / June 24, 1866, edition 1 / Page 1
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.' .. . - ..- ;.- ..-..-' ' . , '- f , ' - I I n now n i in mjun'.jn ijninnijii.iiniii.r niiiiiimniiiiiingrTrr-iT;jri i J'rrTjTrr-i jr. . r- .. .... ,f .,..'f- v , 'ill f 11 ,L:iHje, -Yfi.vItar4 tt AVeeklr every u. P' .,., v. on Craven 8tr.-t. New; ern, North Carolina. TKHMS FHVB8CKIPTIO.. . m six months.... ... ''a lOVXUTltlNO RATKI. vUare, one mseraon... . ; i ou tea 1W niake a square, and an adveitiaemeaV wfli be eontinuftd until forbid." nnleea otherwiaa or IhtmI m 5S?S FSS0 to thee, wbo atrvrWSw M K 8 ba. . tatger circulation In Ea.tf rn IrU, Carolina than any, if not all other paper eom based, ana I i Xo cluhi of lenr one er. . -. . -. . To club of fen" months. . .,. .... ;i,,-..60.O., :....... 30.00 t "s ' n- a a Weekly1 year...... ...... .v.. ...... .... nix months. uSiiiJii'.f.. ...... 1.60 V0I,,'i---N0. !81. ' ill t?wck,FiYE Cents 4 elnfc f ten,-ireekU,-Dn6arif,'. . r,;Q. Q O.O0 . -,nf teneekTyl Blx'montis....t.r.......'... 10.00 .'v ' : - $r, 5rS art Ar-uJ ' --. '! -. r - , ", ! .j r - ' F -'i; ; fv ; 4 '. ,'. . r; t : : : . j rr, i s. , i v . . z r i i - . n;uf . . . .... S S SMS 1 ;.-! 'rT7t StJND AY;" " JTJNE 24, 1866. " l55S,'-i)epartmbnt : Tout Office, IJswbjcks. K. Q,,fT rJr ton, New York, nulade:phia,Baltuuore. , ...,t,t, VoVfolk. WMhliipton, D. t C, nd all .pointa. Sk Wt..-.. . Tuesdays, Thursdays and Swordays.; $5Eibow ltaleigh WUmington and aU poinU o . Wcstsnd South at.. .8.00A-M.; 4j R ver. every Friday at.......... .....14 wu M,. ?renton and PoUocksTiUe, every Wednesday a4 , , m vj. turdaj at ..:.'. 'A 'r ' ' vrX Tuosr. Thursday & Saturday at. ...7.00 A. ku, SmS S frQ 1 A- M. to 6 P. M.. 4 7 to T P. M,,: vnafl Will CIRSt3 U , i : ,;r - ,: , ! f t. a ,r ; .,-droo letter. n be iprepald.Qi -they will b sent n tt ttlnt Dft crepaju. vr uiey wlu uc sent- nfflpp. tiuless addl ressned to Heads Bureau ; t Washington, 1. C. GEO." W. 'KA05, Jay Sf-Job Wobx.. Ve keep qyuatttUyxiii-haaa .v larpe and varied stocks rrmterial, ulso first-da .Inh Printers: lor Ordem in tiie cuy bbu V-t " r.dve proJuVUittuuii'" and Hat-inaction 'i is gnnr- iiutced. ... ..v ' ?;;8;i Business NoTrcB.-Frdm and after ';thu''''.4aUt ill transient advertising and job ork niaat :.v.dfor promptly, when the order is vtanded:iB The expense and trouble of collecting little1 biUs is so great that we nre 'dman to this' necessity f This rule of course 'mlVf not apply WtVegular -nonthly ailvertismg patrons.' f I .. . ' - radon of tUf Vojaxiu. offjQ'yl t SjBr T 01 4 rlebral The undersigned .ccamriittee txC oajrrjfofeiEptis m obedience to the reiolotion passed at the" late public nieetmg heldr in -"tnis U01,;f.enj6ge4 jn"nialang te necessary preparations to ceW l.rate the corirrng-Ln Indepcudences-tO.lt is -prdpoKed-ta" observe' jtbe occasion, in trltir f p'iriVbf tne past, by I he riiirjing 6t 'bell)',dfeplay. of ationajags, tirinc of cannon. procc?sasma.I reading of the A mpst cordial inrftaf ion. jte.adeniKU:fJilor be prestfut who desire Jo pai'ticipaten t$f ,Ve;s-, A prograrjime of tiieTSideif 'of exercise'0 mux oe announced in due season. jjioMSViskNdToji. v ;h. j. ienIjinoeb, iitiy) SiMCEL BlAGGE, WjJ. P. JIOORK, Wm. Febbett, P. Merwin. laift dt li lt' Mayor's Court. 1 - Siluiil'ty. June 23 Before His -Honor Mayor Abraui Austin, colored, for driving on wrong side of th'e" street, wiW fined $2. His Honor then called up the two,, cases laid over from yeeiteruay. 0. P. Goodspeed was call ed and informed by the Maj or that he was charg ed with driving nthe eity lii$tsjt)vir?8ix ifi$es au boftr, arid asked him if lie was; guilty or not? Charley very promptly leplied, "Not guilty." Tierenpoit f-Hitn '4Ionbi? examined pdlfceman; Waters and Mr. George Everson, and upon their testimony Ht Hpnr onme tp the eon'clusion alter consulting iuarsnaix wnmey ana air. cste- venson, tne town cier, that uaariey was a MU milty, but owing to testimony introduced by .tha laintff; owng tlitA Xs JtK)tSntentioaaf; 'ourtfined him $10, and remitted it to $2. George .Everson jyij aiaigned :on 1 the ; same bharge.- He wafr alsd ruterrofiated as to his euHll. hnd he stated that'lio wgnilty. in the same way am nonor was 01 a umereni opinion rrom me evidence before the Court, and therefore fined m $10, regit)iiig iljtqi. S il 1 i These gentlemen not wishing to be outdone, bade a flank movement upon the authorities. upon some queer looking sheet of paper, which foe supposVSii pftSuiSepay by fhVciryof Newberh. " --1 P. S. We neglected to lutTitlAtf in iU proper 1 place, that Mr... .Gpodspeed. Asould . bave.cama" clear Lid hot -Mr. Eversou. fearinEf ;he would be uucu uuiiaeir.oo-pe.iiti wie ,iot , who aqi Aia, by turning State's evidence ngainst Charley. il .X"- ConcebtI We are1 informed that there wilt be Sabbath School -0encert at the : J Episcopal MethQ4if Church l, on Tuesday- evening .'next, commehcing at a quarter .past 8 o'clock;; .There are two distinct objects in iew; in having this concert. The firfet if :.fot thimprovemenlof the children, and the second" is to rais fafc sufficient fund to purchase such books as are needed for the school. . . tf.omiiuujT.n We are authorized to state that the public at large are ioHe& tcj attend, and althoogh rthee will be no admission fee, yet a collection will be taken up forltHeiarposfr Ubeve' statedT We mention'this that every one niy e, posted, and go to the concert with; the :needjuli so that they fill not feel embarrassed by not having the wherewith at ,banc when -the fplatf -. is"? passed around: 0 i 'J w '. s.- v .Removal. We noticed yesterday that the safe of -. the, Rational f Bank Iwas '.being moved from the, old jSoctk, Carpinabanking house, corner Craven and Pollok, to Cabmeb's large uuiiamg, on l'ouofc street, recently occupie d as quartermaster's office. The 'safe, Sre believe, weighs about eleven thousand pounds', but two of the Southern Express" horses drew, it along appa rently with pjuohjease, Express! companies alt way s . have the .'..largest, fattest horses in the country, ypuj know. RoBBEay. The boarding -house of Mrs. Sbabs, on Hancock etreei, was entered by robbers , on yesterday morning about 4 o'clock." 'The robbers appeared to be hard tn please, for, as we are in formed, it teems they first took a pair of pants and took the keys from the pockets,nhenfo6k malice, carried ito he back of the lot, and cut 't openJbut n'otfihdlpg 'what "tLey desired, they left it, aud returned agaiu to the room and took nuicu ihbt carrieu on wna inem. Office Notice. Jtl 0 Wittemoee, United siatts Iaspector of distilled spirits, has'refitled rear room up staurs in the brick office next door to the X .jiiis .Offiee, and iery feomfortabiy 8ituated.,He entertaina hU guests veri politely! stall persons engaged in distillation. dy?lrtr.fioh of Indepjendpe, pj-jf I"alpther.; suitable modes of rejoicinguw .oo& j Listen ! We had ligtf pelf behind the curtain, and ascertained that some of our'good citizens are to have a treat q the way of ajperflp nade, pj tiuffrigin$ tiltM (State G)j(f-,o to-morrow (Monday) night. This 4 Club sings well, and .we areof. the opinion (tbaffclose who are favored with' a tbit by them will b6 greatly Asotheh Attempt at Eobbeet. Some parues tried terilerthdwellmg of Mr.1 W F. Iebbt, on Hancock street, , about; 4 .o'clock yesterday morning, but owing to Mrs. Pebbt being awake, and making an alarm, they wvf6iled in' their undertaking. .14-U' -f- '?'-"! ' ,. - anu EaRokPas'ngers bv the,VUininglon, Charlotte .ul'ntheribrd rVtilroad, r jesterday, bring minors or a difficulty whicli (ru4 abqut three jmiles"bovejtce jlitad of that rotfdoti Tnor Sday night,latjt jbetwet-it a party of white men and nogOft who j-wereHemploveciiaj grdifif' ftt fho piaca meouonea. 7 , .':, :t j ! Itpparsthat botb parties "were erjaloyed. jjyjv me sani vuuiiiivior, una were vr mvoiveu in some dispute. On th night t above mentioned, one of thei iteerios crosslv; insulted one ' of the parry 01 wniie men,, wnereupou uue,ia.vernutv(d nim to the ground with a spader ' beveral otheri negros came to the "relief ot OiMfc comradend JnAjfejsnprt, time both pavtitij ; weran engajged in a general row;;V!: fS&l a 1 x i i The white men far out nrJmberiUhfenerol, soon oyevpowfiTtd jfbem; but iiot v-fcefore s$wb of the negtos wero killed; outright,; Save'rall . ph both aides were severely injured. " s . ; i'he white meirwere Irish men,' and were' noted for their industry and 6rderlj( Behavior. The negros were discharged soldiers, and were ev ready itp engage in -any outbreak with! i 1 ffiellifcult f theMhata.Uia vtpol the JifefefoH at the commencement of the row, is said to have -peen perfectly justifiable. " ' We glean the aore from 'several rumors, which are none the most explicit and clear in their statement. Wtt-will U dbtf s0ob fcL ljled to lay before our readers a more plain and Clock Wokk Again. .The . steamer i,7 CicL of IXloodspeed s line, arrivam 1 . . . . t r IJew York, Saturday, June 93, aI 12 a 1. m. The 'Ihry ;Trived . at , the, 0n' same Uayiafi 3 p. ml VI U i 1 porttm;iJlewbexn 0n' ! The regularity of the above line of steamers is tbejeause oliheir success. iTliey irei noW'mak ing quicker time. to New York than the llailroad line. Consequently t)i Postmaster at this place has '.received ,iustiii(ivms iu anVto sending the-UKMaifthat way oa the days of the steam ers leaving here. . ': .' - ' j For the Times. if Wfn.i IWMIeru'thVviciiiit.v of ' the Engine House of Newbern No. estery aftei?K)on, we'bserv- ed a party of men engaged in raising a flag staff! upon the building. Among others, we; sr,ifneJ .irrepressioie uapi. ueame, oi iqo steamer xszw.c, with his crew, Mr. Kinosbci r. Romaise, Mr. Hilton, &c and aliwerked 0 energetically we were forced to-ihe conifusion that some pow erful motive must be ' at work, to urge them to ejxpeni so much muscular force on such a hot daybut before we left the mystery was solved. ivOMAisE, wuo nuius iorw, u us way yj, Tjioes, Liquors, sc., in uabvek s building, on the west side of the street, wet down the pole in such a rnannei 4hat widbnbt 'if it "will ePrtmre another, anditf onxi.vtttikitluiiSft6 thorouehfythaC 'ihetalKer'TriXi never efFectr it. ,!he 5ta is omo. thirty-two feet above the build- ing, ana Burmotiniea jwiin a r ire nai, iorming a beaatifallacd ;unlqui design. Newberu Engine Company seem, determined to'.ruJl 'liU machine?' and now that they own it, jpropose.tq paint'itbe front of their.Lou8e.r-;-wej hope they , will do so, as it will very much improve the appearance of the house and the whole strtiet.9:12 ''Outlaw. I'ocMi at Last. The public will' remember that about the first week in JMarch last, the house of GeoivW.-NabosI -Jr!,' on ? Pollok street was broken into the robbers entering ihe room oc- cupieQ;by;Mr4 yi 'ijlbbh, acd stealing therefrom about rpzOj, also a safe key, together with several other keys belonging to Mr. J. A. Haskell ; . On Mr. Naon! visiting one of our. city Lock- Smith s yesterday,- to have some work done," he recognized the safe key,, in , his possession. On .enquiry, he learned 'that '' the ' proprietor had bought the sate.keyTfroiBriv , nigger. i. Suck: may be the fact, but when a negro, or any other per son offers a, safe;.key lot : sale, ihe and the? key should be immediately handed over to the . city mar snai, unejia :i iivs j:au gi v e & j satisiaciory ao- dunt of bimelf-therxvis if the key is found in "the possession of 'a Lockmifnbe should be. J able'to show a clear record. 5? Our Disabled Soldiers. The, following circular from Gov. .Wohth eives Tery"heedfulnd proper information to all the disabled North . Carolina soldiers. Care should be taken by the .sheriffs and others. to afford thenf the Aeeafui fnlbrmaUdn! tl 0i Executive Depabtmest rar N. C, To the Maimed Soldiers of North Carolina: .'; Under the late act of the General' Assembly providing: for h supplying 1 you' with artificial lim.bsj as soon as an establishment for the man ufacture of such artificial . iimbs could be got up here, I issued a printed circular to the sheriff of each county in taeSttte, requesting him, when! calleil TinonbvineJ' to. natifr th men in k; I county entitled tp be supplied, when to ' come here to have the limbs fitted to the stutnpV " Un der a previous correspondence - with the several railroad companies of the State, I had received prompt assurance from each company that each maimed soldier, furnished with a proper certifi cate should pass free to Raleigh and home again, fcach sheriff is furnished with printed blank certificates tojbe furni&hed toeaca soldier to eea ble him to pass free over the roads and to get a limb when he arrives here. I have; provided a bouse here, with barracks, where any soldier may staj during - his necessary detention here, without expense, excepting his provisions, which he must biing with him or otherwise procure lor nimself. All the counties cannot be supplied at once. i I have had the order of supply-determined by lot and the sheriff of each county will be duly notified when; to summon the maimed soldiers to come, and none fehould come uatil so summoned. The sheriffs' are supplied with a,Il needful in formation ; but maa soldiers, are coming with out certificates, and before they are summoned, from which much inconvenience arises." Each newspaper in the -State is requested to give one insertion to this notice and to forward ac count to (hjis office or, payment- 3 J 11 . til , ill , , ilU fJ. ifi JojtAeHiKiWoBTH. II uovernor or jMonn uraronua. MINORITY RE PO R T Reconstruction Committee of Fifteen The undersigned, a minority of the Joint Com mittee of the Senate and House ofT.Bepresenta taxes', fconatitoted. Innder tie' concurrent- rescw lutiorrof the 13th of December, 1865, making it their duty "to inquire into the condition of the States which formed the, so-called Confederate States of America,' and to report whether they or any of them are entitled to be represented in either House of Coneress. with leave to report by bill or otherwise," not being able lo ,concnfi in the measures recommended by the majority or in the grounds. upon which they base them, beg leave to reporliUity- yi In order to obtain a correct apprehension of the. subject and-as having a direct bearing upon itthe undersigned think it all important clear ly to ascertain what was the effect of the late inrrectionq- upmqthf -relatiorui 5Bfrthe J States' J where it4 prevailed to the5 geheraf "government,1 And of the people, collectively and individually, constituting the Soifthern States. To this in quiry they therefore first addrfeisd' themselves. First, as to the States. .. Did the insurrection, ifctyis- Conrniepcf ment i or f anyiibsequM f ?tim, dissolve the connection between the States and the generaLgovernment ? .Jj,rx jnegmeot, jw far from this being a '-profitless abstraction," it is a vitai inauinyi? for; if such relation was net distu bed, such States during the rebellion were as completely component States of t the U, States as they were before the rebellion, and were bound by all the obligations which. hft,cooatitu4joa mf poeisj Wasmofthis their- con OTtfeii fi Xf'it ws,f vucjr are euiiweu 1,0 me riguis nuu privileges oe longing to States under - the -constitution. The opposite view alone can justify the denial of such rights and privileges,?. That a State of the Union can exist without possessing ' them is,' inconsis tent witR-the jery nature of the government nd terms lifthemstitutiorlrlnts government Is formed of andby-BtateSpossess- L ing equal rights and powers. States unequal u.c uut &uuiru to tuc vuus tiiutiuu. xu mb origi nal formation perfect equality was. secured. They were granted (hesame frepHsenMtiln the Senate, and the same right to be represented in the House of Representatives, the difference in the latter being regulated only by a difference in population. But every Stated however small its population, was secured one ; representative Wn ttfat branch. Each State was given the right, knd nhe same rieht. to Danicii.ate in the election of President and Vice-President, and all alike were secured the benefit of the judicial depart ment. Tha constitution, too, was submitted to the people of each State, separately, and adopted by them fnjtaat Rapacity; .The convention which, framed 'if oosidered; as they were bound 'to do, each as a supreme sovereign, that could not be subjected to the constitution jBxxieptJjyits own., consent'TEat consent was consequently asked and given. The equality, therefore, of rights was the condition of the, original; thirteen States before the government, was, firmed, .and each equality was nel inly not intetferred Iwith. but guaranteed.o them as :well as in regard te the Jj ... . . . .l - . , X . iunoro( wjuipfrey upou ine general goTernmeat as to those reserved to the States or to the people of the States. The same equality is secured to those which have been admitted into the, Union since - i.-i.-i: . .1. .. . , .. t ' .1. 1 mo fuusuiuuuu was aaoptea. i j.q eacn instance the State admitted Has been "declared to be one of the United States, on; an ' txjnal footing with the original States iri all respects whatever. " Th constitution; too, so faras most' of the pow ers it confers on the general government are concerned, operates directly upon the people in their agj.egate capicity and on ail alike. f -Each citizen, thereiore, of every KTate owes the same allegiance to the general government, and is en titled to the ame protection-) The obligation of this allegiance is not within the legal power of his State to annul or. evade-Tt ismade para mount and perpetual, and for that very reason it is equally the pai amount-duty of the general government to allow to tho citizens of each State the rights secured , to them and the protection necessary to their fall enjo went- A citizen can no doubt forfeit such rights by committing a crime against the United SUites, upon conviction of the same where such forfeiture by law antece dently passed is made a part of the punishment. But a Suite cannot in its - corporate capacity be made liable to such a forfeiture ; for a State, as such, under the constitution 'cannot commit or be indicted for a crime. ' No legal proceedings, civil or criminal, can be instituted "to 'deprive a Statei of JOrhenefits of the constkution? toy"- for feiting as. against her any . of the lights it secured to her. Her citizens, be they dew or many.'Jmay be proceeded againsMjader tbjej law and convict ed ; but the fetate. remains a State, of the Union. To concede "that by tho illegal conduct of her own citizens she can be withdrawn, from the Union is -virtually toconcede the right ofaeces 6ion;' for wfetit difference does it make aa regards the resulfj, whether a State can rightfully secede (a doctrine maintained -by statesmen. North as well as South) or. whether bv the illegal conduct of her citizens ;she ceases . ta , be a State of the Union. Tn either case the end is the same , the only differences-is; t hat by the ' one theory she ceases by law to be a State of the Union, and by the other by 'crime, without and against law. But the doctrine-is wholly erroneous. A State once.in the unionmust abide in it forever,. , She can never withdraw from or be expelled! from it. Asdiffeient'principfe "would subject the Union to dissolution at any, jnoment , It is, therefore, alike perilous and unsound? Nor "do we see that it has any support in the measures recommeded by the maionty pfthei committee; .iTheiinsur' rectionary States are by .these measures conceded to be States of the Union. , The proposed con stitutional amendment is to be submitted; to them as well as the other States. In these re spects each is placed on the same1 ground. 4: T6 consult a State not in the Union on the propriety of adopting a constitutional ; amendment to th 1 government of the Unibn,and which is necessa rily to affect those States only comprising the Union, would be an absurdity, and to allow such an amendment, as Stales in the Union might de sire, to be defeated by the yotes of States not in the Union, would be alike nonsensical and un just. The very- measure, therefore, of submit ting to all the states forming the union ; bet ewe the insurrection' a constitutional amendment makes the inquiry whether all at this time are in or out of the union a vital one - if they are not, all should Jiot be consulted.4. If 5 they are'they should be," and should . be only because they are. The very fact, therefore, of such a submission concedes that the Southern States are and never ceased to be States of the Union. Tested, there fore, either by the nature of our government or by the. terms of the constitution, the insurrection how -utterly and happily suppressed, has in no respect changed the relations of the States where it prevailed to the; generid government. On the contrary, they are to all intents and purposes as completely mates 01 ine union rs mey ever were, and m further support 01, this proposition, , 11 needed any,-wa,ctufideiitly appeal to the "fact that the very measure recoiumtndea, a con stitutional amendment to be submitted Ho suoh States,5- furnishes sucH 5suppoTt"il s For. looking to and regarding the rights of rth6 other States-such a submission has no' warrant or f oundation, except jnrjqn, the, hypothesis that they are as;; absolutely States of jthej Uawni asany of the other States. It can ; nerer- be," under any ircumstaneet a "profitless xabstraction;'; wnetner, unaer tae cpnsutution, a Btate js or is not a State of the Union. It can never-be soeh an Abstraction whether the people of a State once is u uuivu cm Toiuawwiiy or vj compulsion be freeil from the; obligations jt jeojoins, or.1te deprived of the rights it cenferror'the proteel tioa U rdsv&AiffereBt'dootrlni necessariiil leads to a dissolution of the Union. - The eo as ti tution supposes that 'insurrections -may exist in; a State, and provides for their suppressions by giving Congress the power ?to provide for calling out the militia" for that purposed The-'power isfj not to- subjugate the State within whose- limits! the insurrection aay prevail, and to extinguish jj it as a State or the Union j, but to. preserve it asl -1. i i .1 1 .in 1 . - -1 Buca ujn Buwuuug(a re.oeiuon, py acimg nn me individual persons engaged , in it, and not n; the State at alL ..The power is altogether, conserva tive 1 it is to proct a State, not to. destroy it; to prevent her . beiig taken out of the Union , by individual, -criine, not in . any s contingency to put her out. The jjbhtinuance of the Unon of all the States is ntcessary to the intended exist ence of the ' government. r' The. government , is formed by la constiutiorial . associatibn ofr State 3, and its integrity depends' on the'l continuance of the entLe association. ' If one.'State is withdrawu. from it by any carie to5 that e'xte'nt is.th'e Union dissolved.1 Those" (that main''ma exist its ' a government; but is not "'the' ?Yefy government the constitution (Jesigns; that consists of all, and its character lis changed' ahdfeits"''fower is diminished by the absence of Iahy oner A differ ent principle lead? to a disintegration7 that must sooner or later rfiult in the sparatiorl of alt and the -consequer destruction' of "ttie :gov'ernc ment To suppose that a power to preserve may,' at the option fthebody to which it is given,' be used . to destroy is A proposition repiignant to common sense ;an4 ye tas the late insurrection was put down by means of, that power, that be ing the only one conferred. upon Congress to that end, that propositiot is the one on which alone it can be pretentedkhe Southern States reno L inlth'UnWri now il well 'as at. first, ' " f i Tha idea that thi war rtower. tut unch ham been ' used? or couU have been used, to extin guish thrTebellienfSs; in the judgment of thf undersigned; i iitterijl without fonhdatlon That power was given fora different contingency for the contingeney nf 4 conflict witKther J govern ments I art-' intemaional K c6nflfc.,JJ if s it ' had been thought thaLthU power wa to be resorted to to suppress ar donestio strife, thewords ap propriate to 4hat eat; would hav been done. But so far from ; tiis. having beenv. done," in the same seotion tbs confers it. anxpress pro vision ;'sis l&sertel .'t meet the .exigency of :a dee mestic strife or insurreQtierv Whether, in the progress' of. the effort to ;8ippress an ..insurrec tion, the rights incident to war as between, the United States and foreign nations may notarise, is a question which jn ho way changes the char acter of : the contest as between the government and. the insurrection.: The exercise of such rights " may be found convenient, or become :necessary to the puppression of the rebellion,-but the chaiv acter of the conflict is ia no ,way changed by a resort to them. That remains as-it was. ft first, and mast, fromlits very -aatare, daring its rconr tihuance, remain a , mere contest in i which, the government seeks, "and can only seek, to put an end to the rebellion. That achieved, the . origin nal.conditou of things is at once restored., -.; f - - -j Two judicial -decisidns1 have1 been11 made by judges of ejqunentabilitj and unquestionedt ioy- aicy, wnicn iuiiy susiam p.ur view, jm pne, ufu, of the!4myrartk0be&rehe0Umte Stafis District Court foi Massaohu8etta,iJadg9 Sprague, referring : to the supposed -effect: of .helligerent nghts(which it was conceded-bejongeq :to the government during the. rebellion, ..in-giving i when suppreserjtef rights t of ..conquest, ,der clared: , ., , , ,..f ai! !i It hits been supposed that if the , government have the right of a belligerent then, after the re bellion is suppressed it will fhave 'the rights s of conquest, and that a State and its inhabitants may be permanently - divested of aU pplifftal. ad vantages and treated as. foreign; territory, con quered, by arms. This is an, errpr-.a gray i.and dangerous )Error.., ' Be.Uigereh,t mghts. cannot 1 be! exercised where there are no belligerents. Con quests of a foreign country' gives absolute, 'tm- Umitedf sovereigni rights; but pg -paticjit ever ma&es such a conquest 01 lis own territory., xi a hostile pdyerhOWerXfro witnhv takes and holds possession 4 and dominion over any portion-of its territory, and the 'nation 'by force of arms expels or overthrows the : enemy and suppresses hostilities, it acquires no new title, and merely regains the possession of that of which it has been temporarily deprived. The nation, acquires no new sovereign ty,jbut .simply maintains its previous nguts. :t n pea tne.umtea States take possession , of a rebel district they merely vindicate their pre-existing ti tie,,, v Under despotic governments the confiscation may be unlimited ; but under our government the right bf sovereignty over any portion of a State is given and limited by the constitution, and will be the name aibcr uio wiu as ik was ueiurc. In the other an application for the habeas cor pus to Mr. Justice Is elson, one of the Judges of the supreme court 01 the united States, by James Egan, to be discharged from an imprison ment to which he had been sentenced by a mili tary commission in bouth Carolina, for the of fence of murder, alleged to have been committed in that State, the discharge was ordered; and in an opinion evidently Carefully prepared. 1 among other things the Judge said : For all that appears, the civil local courts of the State of Sonth Carolina .were in the full ex cise of their judicial functions at the time of this trial as restored oy tne suppression of tne re bellion, some seven months previously, and by the revival of the laws and the reorganization of the btate government in obedience to and conformity with its constitutional duties to federal Union. - Indeed, long previous to this a provisional government had been appointed by the President as commander in chief of the army and navy of the United States (and whose will under martial law. constituted the only rule - of action), for the special purpose of changing the existing state of things and restoring civil . gov ernment over the people, in operation of this appointment a new constitution was formed, a Governor and 1egisiatore elected under it, and the State placed in the full enjoyment or entitled to the full enjoyment of all her constitutional rights and privileges; The constitutional laws of the Union were thereby enjoyed and obeyed, and were as binding and authoritative over the people of the State as in any other portion of the country. - Indeed, the moment the rebellion was suppressed and the government growing out of it subverted, the ancient laws resumed their accus tomed sway subject only to the new reorganization by the appointment 01 tne appropriate officer to give them operation and effect This reorganiza tion ana appointment 01 public lunctionanea, which was under the superintendence and direc tion of the President,' as commander-in-chief of the army and navy of the countrv.and who, as such- had previously governed the State lrom imperative necessity by tne icrce 01 martial law, had already taken place, ana tne necessity no longer ex isted.'' y--'-'V - - This opinion is the more authoritative than It might otherwise possibly be esteemed from i's being the first elaborate statement of the reasons which governed the majority of the Supreme Court at the last term in their ' judgment of the ease pf Muugan and others, for the decision ihtn military commissions for the trial of civilians are not constitutional. We submit that nothing can be toore Vonclixsive In favdr of -the doctrine for which they: are cited than these judgments, In the one' the. propositipn of .conquest of la Jnt& under a war to suppress -ah insurrection is not only repudiated by Judge Sprague, but ( because Xl ik .l : , t ' . . 1 - i 1 vi iuc uiiiuic ua rour government it is consiuereu to be legally impossible. The riaht Of sover eigntyover ftoy portion pf , ajStre'wilh.be tellsf -"-' wv uuiuv (4 A W.I i Aa? ncu o .v before." In the other we are told 'that "sup-' pression of the rebellion" restores the rights of the StitC n that-yUeii hlr igoveirMfcnt i re organized she is, at .oace, in the. full enjoyment or entitled' tw' the full enjoyment of all her constitu- uonal rights and prtnieges, 4:;tiuyJi v.; 1 c Again, a contrary, doctrine is inconsistent with the obligation which the governmenVis under to each citizen of. a State, u Protection to each is part of that obligation protections not only 'as against-si foreighj mit a domestic ' foe. "-T6 hold that it is in the power of! any part of the people pf a Stale, whether hey constitute -a. majority or aA minority, by- enpfaging "in1 insurrection and adopting any, ineafitfra; in its proeecution. td make citizens who are not engaged, in it bat r are 6p-( posed td it eriebies bf tne -United States, having no right to the protection which the constitution affords to citizens w ho are true to their allegiance, is as illegal as it is1 flagrantly unjustt 'During the conflict, the exigency may justify a denial of snch protection and subject the unoffending citizen tor inCDnvenieuce or loss ; -bui the contest over,' th'd exigency, ceases, and the obligation to afford him' all the; immunities and advantages of the con stitntioabne of which is the' right to be repre- seatediaCongress) ,. becomes absolute and inv perawve, a. aint-ren rure wpuia enaoie me gov ernment toescape a clear duty and to commit a' gross .violation of the ,5epastitiutionW(t has. been; said that the"J5upreme Court nave entertained a different doinAYtWOi rriy.ifiea.- This ' in! the opinion, of the nnderBLrned. is a clear misapr ; was.4' whether, inj Sttch . a contest bS Iwas" being waged for the extinguishment of the insurrec- tionv' belligerent rights," as bef ween" the rUnitedJ States. and other nations, belonged to the former. The court properly held that, they did, but the parties engaged in the rebellion wore designated in their opinion as traitors, and liable to be tried as traitors when the .rebellion should; terminate. If the Confederate1 States;4 by force of insurrecr tion became . foreign; States, and ioatlheir'Char- acter as States r of the JJnion, thenjthn contest 'jrai.ijbf Mtoritatio'nai ' one,' ancttreason" was J no" more, committed by (iUzeiit of the former against the latter' than bv ummc ;f the. latter against those-' of r the 'formeri Treason Necessarily as Bumes allegiance tft thelgoveciment, iand allegi ance necessarily assumes a cpntinuingobligation to thefoyernmenf.5 Neither Trredreameht' was true, except vOponJth hypothesis that , the old -.-state, of hings. continued ; in other words,, that the f States notwithstanding ttie insurrectiotf,-J were .continuously and, are .-nivf .States :f the United States, and tteir citizens resppnsibla . to the constitution and the laws.0 i - r c - " 1 Second' What i3 there,;; thep, ; in . the present poiiticat' cbnditicn bf such States that justifies their erclusiPnfron reesehtationih -Cfengress ? Is it because they are withiout organized govern ments 1 or without go'vernmentSf repubheah in' point of form ' Im f aqX, Xre' know -that they have governments CQmptetelyrgaaised with legisla MveT'exeCiitiVe and ju licif-l tiractions. We know lhat they are; tati. fri&i 'et&sfol? operation ; no one. withm, their Jhi;b qaestions tueir legality; pT is Vienied' their protection' How they,were formed,; under what auspices they t were formed,' are inquires with which. Congress has no concein. The right of the people of a State to form a gov-" ernment for themseiterhas never been question ed. . In the absence of any festrctiPn, that right Would be absolute1 ; any formcould be adopted by them that they might determin-3 upotL The Oonstitation imposes buf a , single, restriction upon such' right that the 'government adopted shall be' of i ja republican done ii &l : l1 i . l4.i .1. 111 uiu uuuyanuu w uui.auice fSTy ouilc outu a, for a State. It operates' alone upon oofae. already . formed bv the State. ' In the words of the -Feder- yiRst "It supposes a' pre-existing gov- It is not pretended that the existing governments f the States in 'question are' not of the reduired" form. The objection is that they were not legal- y established ; but it is confidently submitted that that is a matter with which Congress has no eoncern. u 'Ane power . to . estabush w jodi ty a Bte government . belongs exclusiveiy tp the Eeople of the State. When they Bhali exercise it, ow they f shall , exercise it, what provisions w Eiiau cusuuq, it is ineir exclusive rigiii, to decidep-;and wheh- deeidsd 'their decision is obligatoiy upon -. every bpdyjrand Jndepen-I ucub ui;nu vuugicooiuiiiu wiiuuy u cuiu. - oriiuieukv uu-yi a rcjiuuiicuu -luiini xu wutcu an. obligation of guarantee into'" an . authority to interfere in any way in the formation of the gov ernment to ba guaranteed is to do violence to language.: If it be said that : the President did Illegally ' interfere in - the organization of such governments the answers are obvious. irsr, if it was, if the people of such Slates not only have hot, but do not complain of it, but; on the con trary! have pursued his advice and are satisfied With, and are living under, the governments they., have adopted; and those governments are republi can in form, what right has Congress to inter fere or deny their legal existence i Second, con ceding, for argument's sake, that the President's alleged interference was unauthorized, does it not, and for the same reason, follow than any like interference would be equally unauthorized ? A i different i view' is - not to be maintained, because of the difference in the nature of the powers conferred Upon Congress and the Presi dent, the one being legislative and the other ex ecutive. for it is equally and upon the, same grounds beyond the scope of either to form a gov ernment for the people . of a State once in tbe ymon, or to expel such a State from the Union, or to deny, temporarily, or permanently, the rights which belong to a State aud her people un- der the "constitution. Congress may admit new States; but a State once admitted ceases to be with in its control, and can never again be brought within it. What changes her people may at any time think proper to make in her constitution ia a matter with which neither Congress nor any de partment of the general governmencan interfere unless such changes'make the State government anti-republican, and then it can only be made un der the obligation to guarantee that it be republi can. Whatever may be the extent of the power con ferred upon congress in the third section, article four of the constitution; to admit new States, in what manner, and to what extent tbey can, under that power,1, interfere ia the formation and char acter of the constitution of such States prelimi nary, to admission into the , Union, no one has ever pretended that when that admission is had the State1 can again be brought within its influ ence. The power is exhausted when once execu ted; the power forthwith passing out of its reach. The State admitted, like the original thirteen States; becomes at once and forever independent ef Congressional control. A different view .would change the entire character of the government. as its frame rs and their contemporaries designed and understood it to be They never intended to make , the State . governments, subordinate to the general government - Each' was to move su preme la its own orbit ; but as each would not alone have met the exigency of a government ad equate to all the wants of the people, the .two, iu the language of Mr. Jefierson. constituted "co ordinate departments of one single and integral Whole " the one having the power of legislation and administration in affairs which concerned tber own citizens only,'; the other, whatever concerned foreigner er citizens ot other states." -Within their renti ve limits eajh is oaramoant. The States, as to all powers not delegated to the general government, are as independent of that government as the latter in regard to mil powers that, are delegated .to it, aa, independent of the governments of the States. , The proposition, tben, that Congress can. fnMA n. under the i war or insurrectionary, or any other owiio irom me union or reduce it to a territorial condition. utter.y-without foundation vw....: j deem it unnecssary to examine the question fur ther. Thev leave it unon th v mitted, considering it perfectly clear that States - -- o '"""isiiuuus, coaum- ue to be States of the Union. , 1 Is ihe $rert 'J)ivretic. . t . ... . - . . . t :":' ' .' . .':.T'T 1 . ' i : Kibe Cheat &ood PurftferV V r. . . . ''' - - '- ! t or; jcon-retention- or ; Incontinence of urine, irritatiofi, inflammation , or ulceration of .the bladder, or kidneys; diseases of the prostrate glands, stone in the bladder, calculus, travel on u iv-uusuc(woii, olju 911 uiseases 01 tne madder, kidneys, and dropsical swellings, -l'K'H :- : USE UELJtBOLJp'S J! LUUT ElTBACT BUCHO. ,- Both are PreDard accordincf tn thn nU pharmacy , and Chemistry, and are H the s. most ; active that can be made. .'"'" dec 7-3tawlv pi nottnTjJ .,- . -..i' r HELMBOLn's Extract Bitchit 'and :luAnn1 Rose' Wash 'cures Bpnivt nil HpI! in 1 nltatheir stages. !a 'little exMnae. nVn - change in. diet.jio, inconvenience. nd ho expq- i. ' - jiitiuu iu wig .uuu ouor, -lmmeuiat in-iti action,: and free from all Injurious proper -o'i isio nil Qiaaiqu izo So Hsff si rn.u- TueIGlObt 6& M Ajf-1 s - StWespoth -i.TI ir ftwi ' the nervous and debilitated AhmiM imn.iiain Tise helmbold's Extract Bdchtt. , , ' i('iubta-it os -rv; v ' a -; r:toi; eaiim HeLKBOLD'sExTBACT BUCHIT iA henlfn ntiA vigor to the frame and hlobni to'the pallid cheek. Debility 1 is:a(otDpatiied a by'&any'tV&laratag' S symptoms, and if no treatment ia imhniit.t.l to t consumption, insanity or epileptic fit ensue. 1 ii'ili til ' '' - ' ' T .'.QiiMirUitin ...9'riiW. 1 - - . Manhood akd YotrTHruL Viook are regained rf Ty uEIiMBOLD XiXTBACT DDCHV, . yN . SfUTTEBED Constitutions Restored by Hxlh- j BOLb'S "Extbact Bcchu. " ';" T !, yd T3"gaol n ' '" r': 1 h:LH y.: A REAnYAso Conclusive Test ,of the j roper ties bf HELMBqLDrs ' Fcr;iDrfixT&AOT Bcchu wilt be " a comparison' ' with "those set forth i ivi the -' United States Wspensatory,. - . F . r ,! .4.s f HtUf BOLDS FeCID ExTRArT BtrmrTT iS 11fajin.n in taste and odor, free from all, injurious proper-i i ties; and immediate in its action. Take . no mobe Unpleasant r anoi Jnsatb Io EEMF.DiEa for unpleasant and dangerous dis-, eases! :i U6e' Helkbold's Extbact c Bttchv 1 and ' Impboved Ross Wash, ;; , rj -vyrron Jir: v Envseblbo ANn1 Delicate CoNSTrrtmoHa, of ' ' ' both sexes, use Hej.)cbol,b's. Extbact Bdohu. ; It -q will give brisk and energctie feelings and enable J. you to sleep well. '' uu . x. ; ?X ,-. j ' v J-uirn '22. Schooner Mary Bryan, E encase, Master, from 1 Beamort couuty, with corn, to Master, r r -ff-j't )0 "r ii .'Juii ?;i. Steamer Ellen B Terry, Cnapln," Mter,' from evb York, with freight and passengers, t? C- P. -1 fioodspeed. ' " ' . - - Jin- 23. Echo ner Henry City, Mayo, Master, for Washington, N. C, with freight and passengers, bjrfi' Master. .. . r . .. 8c lwuet General Taylor, Bobettai Master fo:Hyd. county, light, by Master. , , , , j r . Hew Advertisements. N O T I C K . , 3K tifff .tx XtyJHni . . w . er a an in v ,1 m ----- .i r . i ': ; .:.;' & bPEClA. MEETIXO of Newbern Fire Engine Coni pany Jio. 1, will be held t their House oa Monday Evening, June 25th. . . ' . , " A full attendance Is requested, ss business Of Import ance will be brought before the Company. ...u .i.r;!c;;;;;i ANDBEW COLLINS, Fremn. r ' - 0. P. Looioa, Secretary. ' , June 24-H E BI O V -K D , 8. T JONES k CO., hare this day removed to tbe ' offlce North East Corner Middle and South Front streets, lately occupied by B. W, GOULD ' fe CO. i ; juns 23-tX - ) JUST EECEIVED, 'A. .A. It, Gr T31 ... L O TiO 17. ; s LAGEIMiEER, STOCK A1E. &C,, By EOSSETER'& COOPEE. M A" CO WHO V.TS E. Morehead City, .North Carolina. THIS 8BKMKB HOTEL win be evened on the s..j mum. nni, i or uw recepuon oi fraests. mi persons oesirous ot viewisz "VIA) OCEAN. and breathing the invizoratiiur "sea sir." will and tne biauui nuuBK a pleasant place to stop ai mar ze-im . -. x. l. hai.u Jrroprjator. ;,. B. Bosts for1 sailing or fishing exevvtoos essily obtained. rpOWW COJISTABL.K4 .., .,;. Siit:' 4 THE nndersigned ha vine been appointed bv tha Court and complied with the requirement of the law la such cases Sisds and provided, gives notioa that be Is sow repared to collect all claims coming under the inrladlc tion of a Constable, either la tows or-soy other portion of the county. Also, will collect and account for ail debts placed In bis bands not under s warrant on reasonable commissions. -, A. I. 8AVAGE, . JnneSO-U ' ' 'Constable. MEIDKL.SSOHW' BO HOB WXTHOTJT i .... WORDS. . . m r- ... LLETJEB OHNE" WOBTE. For ths Pianoforte. Bv Fzux Mxicdxlssohh Bbtsoi.dt. A Kew Edition of these superior compositions is just published. No pianist de. Birons pi attaunng nnuon maa. ctsssigsi style Of exsen. Uon should fail to possess them. Price $3.00. Sent post ' paid on receipt of price. t ,i'r!-'''.fjt ,-;-f . t .i-........ , OUVEB PTTSOX A CO., je lf-tf ' Publishers, 377 Wasningtqn U, Boston. ' i GBACE CHUECH COLLECTIOH ' -' ' : ,, f ,,. , i OF SACCED MtrSIC: selected and ' arranged from the Classical snd Sacred Works of tbe Great Composers, adapted to the Psalms and Hymns of the Protestant Epis copal Church with Separate Organ Accompaniment. c By wm. a. ana. ivne jbautos, t.iz. sent posipaia on re- estptofmafL ..t-- w OLTVEB DITSON A CO., Je 16-tf Publishers, 277 Waehingtoa st, Boston. J3ABLOR ASD BEO-ROOH TTO LET. . , j ., ' j r i A FROST PARLOR. AND BED-ROOM, nnfarnlsbed. t I let, in the corner Brick House, next to Foster's Whari, on Neose Bivtr one of the coolest and healthiest loca tions in the city. Apply on the premises, to -Juao2J-d3t Mit. POTTZB. ' 1 4 . .rT-
New Berne Times (New Bern, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
June 24, 1866, edition 1
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