Newspapers / The North-Carolina Star (Raleigh, … / May 1, 1850, edition 1 / Page 1
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. z, '. - nn TD01AS J. LEliT, Editor. VOL. XLI. Soma CAKOLIIA "Pewcrful li inltllrttail, moral inl phyiital irunrcti the lui if tor tim and home of tor affctiuns. LEOV'D'iS B. LEI1T, Jjicfis!, Iur. RALEIGH, WEDNESDAY MORNING, 31 A Y 1, 1850. NO. 19. raw THB NORTH CAHOLISA STAR It rCSUSHKD WSIKLV, IT TDOIW J. L"" (Oflloe newly oppjsif the Post Offloe. Term f thi FP'- ZO par winuo, when paid i advaucs S3 00 jf prnii wmV Ttrst f MTrrtWnf. on. q, i .) inrrU".,i'. saoh subsequent inevrtlon, 25 Court or Jers and indicia! adverliM-iaont.. i. per A deductioB'ofa3 per cent, for adverti'scmeuts by . . .. . 1 Mn,mMftirntlntlfl IBUSt tie pott BVgTAll Hnicrs itiiv, 11 - W. Rcmituncu mi 1 made at our risk. , i w np KEWRPAPEHS. 1 .til subscribers, who do not give ixrxitss t tics to tha contrary, are eonsidered aa wishing . - ' -..tuut Infinn, J. If subscribers order the discontinuance or ftlieir paper, tha pualisnera may continue ro enu 1 tkem unlll aires. . - - I. If aubacribera neglect or refute taking .t l.eir putn rrom tneamaea ip-wuicn r are held responsible till their billa are settled . I - 1 t .ii tl,.U .1 , tfiej 1 and (lieir pper tniCTOu ire ' 4. u,e Conrta hare decided thot refusing to take a newspaper or penouicai irum me wium-, ing and leaving it uncalled for, la " prima facie" evidence of wtestioal raArn. TO I HE EMTORHOF TUB NVI'lON AL1NTUI.LIOENCEU. morning" contains a portion ul a speech of the lionoiable Mr. Bsdirer of North Carolina, - dell vered -iff the -Senate on-ttte ttftb matrrrtrttr which heeom.uents upon aome remarks late ly made by niein the House of Rcpreenla tie. The reaped winch (without any per sonal ae quaintancc) I have long enter amed for thia distinguished Senator would deter me from noticing any such misconstruction) of my reiriaiks as I candid nd uttglit inadvefi-, eiuiy coinmii; but die misreprercmation which the Sena or has made are to gratuitous and gnis that I am constrained to notice the n. I therefore ak the favor of a place in your paper, where he can uncwer me if In: pleases, though he chose a place fur Ins ani madversions where he knew 1 could not an swer him. The following is a passage in his speech: Mr. Mann horo quotes several paragraph from Sir. JUilgwr's spupcu fur wliiuh see latter half of the 6th coliimu of tha 1M p.ie of last Otaervor. It is that part iu which -Mr. liadger couiinentson tl.e following pasae of Air. Mann's spnecn: "In eoneluaiou, I have only U add, (lutt such U my solemn aMabidiitgeonviotioutU Uiiiiiharacuirl OI Hiner, lllUl, UiHirr iu ovtw. vc.vm- silillity to my eountry'and my timl, I delitwratoly sa better disunion, better a civiluraiK-rvilewar, iM'tter any thing that Gid in hi proviilonea shall send, than an extension of the buumls of slaTiry." Ky Ins own conft'ssion Mr. Badger had nrrt read my speeelU ' lie iakes up ' aiitg.tr -scif tence therefore, for comment, wiilrout the ... juMiia..d,l.'itiiiy l Ihpwinli'al. lid is llkjs the man who should declare that the H . r i j i tures say "ihere is no, Uud." wlien it is the font, filial 'ltil4 lw lalMsi .tltail WlikeS-thf-.JwtiM. alion. My speech diacusced the question of extending slavery over jiur Territories, ami the proposed Souiheru remedy lor prohibiting that extension namely, the iliruiuojL of toe States. The conclusion to which I came was that the Norih had belter sulmnt to the appli cation of tha Southern remedy tlian tosurren der the new Territories to all lite -tiormrs ol nigeTWeynd more slave I urrilories and " more slave Suites," was the' exact ground I took liut Mr. Badger represents me as saying ' that 1 would "prefer disunion of these States," and all the other evils in liis long and lahored i-ai-al.igue, "rHiher than the extension of slavery omb rooT." Now. I never made such a declaration as this. never said any thing to give countenance or color to such a declar i lion. . Many peisoi.t, seeing the ttatement of the honorable Senaioi and relyuig upon hit rharacter for fairness and veracity, have believed that I did. But lie has led them into the error. My argument and conclusion h id reference to new slave Territories or to a new lev Territory. Mr. Badger construes, or rather miscons rucf this loniean 'dm foot." If my speech is Oiiily ausccpuMo of ihi con ftruction, I wish so fat u retract it. He shall have my content to "ojis; rotrt" Terriuryv and to as many slarea at he can bold on it - under the lorut law. . Mr. Badger further charges me with invok ing all the calamities he enumerate!, "rather than permit one man who now elands upon (he toil of North Carotins a flave to stand a tlave upon the soil l New Mexico." Thit statement it not merely forced, but fabricated. Surely I said no such thing. I intimated nor dinted at, nor thought of such a thing. There may htjTitde choice whether any one man who now tcmtls a slave," shall "stand a slave" in one pUce or m another, ir that Bt all. In a naiional point of view, snd look ing at the subject at a statesman, the senti ment imputed to me is simply ridiculous. Bat tkis wrongful imputation of such a tenti meut without substance or semblance to justi fy it, is far worse than ridiculous: it becomes unjust and ungenerous; and is none the lets o for being made in a place where he knew 1 could not repel it. The whole scope and tlresa or my argument weul agalnit yielding any such portion of our new acquisitions I alavery at would form either a Staui or a Territory. The eight or ten Southern Legie latuers, the eight or ten Governors of S.'uth ern Suites, lbs Soutern SennUTt and Repre eenutivea in Contrress, and the confederates in getting up the Nashville Convention, have never, to my knowledge proposed a compro mise on the platform of a "onk rooT" Terri . lory, or expressed their rcadinese to spar the Union if "one nan who atands a slave in North Carolina" i-.writted t "stand -a slave in New Mexico," When tuch an issue is brought forward seriously it will he met . aenoosly But the real issue on thit ooint it (and the Senator must know it) whether the victims oi slavery snan ne indefinitely muiu plied y the addition to its domain of regions - stow (rw That the creation? -of t new f Territory will increase Hie victims nf slavery propsmon too plain to be aryued. To tleny this is to assert that if slavery had been confined to the Mum 0f Virginia or to the aetUement at Jamestown where the first cargo ofslavee was U,t ,h, fwilt nmt)er nf !t slaves to this fotintry would he no le.s than "n in 'hem would now Vi Z Z -"""l 0 -" he limita t'Zl..y """Tulde . ,.., W1(v rr fe. luetance, and fnua no moiive nf personal unkiudness. I have long been accustomed to regard his character with respect, and his opinions with deli rence; and 1 am happy in an opportunity to express a lieUngof personal gratitude lor his fir.ner endravors lo avert from the councils of the nation the subject matter of this moat lamentable contention. Very truly, yours. Ac, HORACE MANN. WastiiNoroN, March 3, 1850. I1. S. Auoihi-r point in tho honornbie Sen ator's speech in which healtempls to ii .J cue iho penal shve code of North Carolina and of the other Southern Slates from the tiint of cupidity, may he s:.fely lell without com ment to intelligent men. Every student of the criminal legislation of the Southern States in regard toslavcs, knnwstlinl their laws arc replete with proofs where the sensibilities of a man are sacrificed. TO THE EDITORS OF THE NATION . AL INTELLIGENT!'. R. k sf-amntiiriia'4tiian in i-nnr uir if vMin. day, from the lion, Horace M-mn ,ftBeihclej5:lt inrfined lotakea.more hope- House of Reoresentat.ves. teems to require ,! bricl notice from me. The honorable gentleman accuses me f having treated him with gross injustice in a rerenl apcech. in which I ief,-rreU to the clos- n.,J....k nf . ,., ii .,i i,;. ...... i 1 .i .. ' mj.istice quottd tint paragraph Irom hi s ..... -i.' l a -i .i.-. : .. .i i.. .1 ...!.. him; not a word or syllable allei d or insinu ated to have heen spoken lit' li.iii, except that paragraph, and that he admits was spoken and printed by him just as I qnoied it. Then, it: Lie statement ol his language, 1 have done hint no injustice. To my comments, T gave "in other words" in my own words what I deemed a iriie interpretation of lhi; anil, aa I attributed to him no langU!igo which he did not use; aa every thing to which he objects is, and upon the fare of my remarks plainly purports to be, merely my own commentary upon the single quotation correctly taken from the genilomaii's specuh, it is very obvious that I have "fabrica ted" nothing. Whether the interpretation giv en to the honorable gentleman's language be corrector incorrect, a just carrying oi it out to lis true results, or an unfair exaggeration, intel ligent men will be able to deride from the reading of my speech, which presents logeih- erboth thetextimd rmnmeiiutry, aod to them 1 am willing lo leave it. But the gentleman says that in his speech lie "discussed the question of cxiendii g slave ry over oto trrriuiries," and that "no more slave Territories and no more slave States was the cx.ici ground" lie took. ' And what has rliiif lo do with The mntrerof liir complaint a g uiis't me! I referred not to his discuasioii at llie gryumls taken in it. I w is not con sideratiiiit the cou"rvn'M-uljdity ol'his reason ing, hut he conclusiog at whwli"E5"iirmu 'nit"a:'sttC .'uiKa1n'''tt(i:.wirerdl'iir'thner: words : "In conclusion, I have only to add, that such is my suleuiu and abiding conviction ol tiie charac ter of slavery that uuuVir- a iull onof my re sponsibility lo my country nnd my God, 1 delib erately say, hotter disunion batters civil or a servile war better any thing that God in his providence shall S'juil, than an atcmivn oj tne Hi re is no reference lo any particular de gree, kind, or inamier of extending slavery. Tin speaks not of the "proposed or desired ex lentioii," or "extension Into our Territories," or even of "run extension,'' but he speaks ol "an extension of the bounds of slavery," with out a reference to any thing in his speech or BaWfteWlif'whiBlr'tJiegiiiiiTalivy-wt' vria-tan-' guage might be modilied or explained. To refer, therefore,' to the speech in order to un derstand the import of this general conclusion is idle. If the reasoning in thuspeecll be par ticular, and the deduction general, there would be the logical defect of a conclusion to large for the premises, but the meakino of tire con clusion would rumiin,. and the want of rea soning to support it would not abate sjglit of its unmitigated and sweeping generality. ' It is evident, then, thai, whether supported by any reasoning, par icular or general, the gentleman's conclusion remains, that disunion, civit War, survrtc war, with certain undnliued judgments of Heaven besides, are preferable lu "an . cxtensioa of the bounds or slavery, but the indetiiiale article "an" is here exactly equivalent to "any;" and therefore, whatever amounts to "any extension" however small a square mile, an acre, or foot it strictly within tiie meaning of the lanuuaire which he- lias thought proper deliberately to retain in his printed speech. But I accept willingly the explanation now given of his meaning, and only regret thai when writing out Ins speech, he did not then give the explanation which converts his gene ral into a particular proposition. By thit explanation 1 learn that, in hit conclusion, he meni lo speak not of any extension, howev er small, hut of an extension ol slavery in our Territories. Then the gentleman's to tclusion, as modi fied by himself, will be thus: "Betterdisunion," the dissolution of our (Internment and de struction of the Union formed by our fathers; "better a civil or a aer He war," the most die attroua, feroci.us, and cruel of all wars; "better any thing that God in his providence shall send, ' for example pestilence and fam ine, than an extension of tiie bounds of slavery over pur Territories! , ! I cheerfully submit to all "intelligent men," if they are at the same time humane and pa triotic, to pan upon tveh a sentiment. To hit own intelligent, patriotic, and humane constit uents,. 1 submit it with entire confidence that it will not meet their approval, but, on the con trary, that they will regard the honorable gen tleman aa hawing been betrayed by the perva ding excitement on the slavery question into an extravagant J will not aay fanatical declar ation which he is notable to defend, or willi.ig at yet, lb retract or qualify. I had believed that the honorable gentleman had, under the exciting iniluence of discussion unconsciously done injustice to my own Slate, but remark added w"nv"'immuvlrlikni would perhapa justify mi if inclined to judge unkindly, in supposing that the wrong was. wilful.' But I am not so inclined, and draw no tuch conclusion. I infer, rather, that die bewildering excitement underwhich the speech was made has not yet passed away, but, a till continues to iuflueuce unfavorably the other wise altar undemanding ami fair and upright purposes ol tne Honorable gentleman. CEO. E. BADGER. from (As iHouthrrn Ckruti AdMte. I ECCLESIASTICAL IN REFERENCE TO POLITICAL SEPARATION. The di.ision of the Methodist E. Church into two distinct ecclesiastical bodies. North and South, out of the old confederation of an nual Conferences under one General Confer e icc, has been regarded of late as an occurrence of sinister import in reference to the integrity of the political Union. It is known to ever ons that- pointed and emphatic allusion has been made to it b-tnost disilnguished mem bers of the S -nate the one from South Car olina the that Massachusetts in two of the freatest speeches of the present Congress. In one aspect of the case we are ready to grant that the sundering of religions bonds, and the exasperations which are apt to follow such an occurrence, seem to be the foreshadowing of j similar disruptions in the aocial. compact.- ; They indicate at least such -a state of feeling on the part of large masses of our ,"pulation as would render possible adisrup:in of politi cal tics whenever a stern sense of dutv might seem lo warrant such an exigenev. We have V"" "I ,V t J U ' , "uu"m ,ilc . f t i . Mil I t' ft. i itieiiiouisn nurcnyrewouioi inerncroenments of the fanalical spirit of abolitionism breaking j do"'n ani1 liing-iver the compromise of the l"t.I constitution under which the Annual Conferences, North and South were united. Resistance was made on tile n.irt of ern l- lliircu aciuauy ocihtvi-u uiai mere was I d:inier of disruption; had th understood the representatives of the Sonthcrn Conferences credit for honesty when they sounded the note of Waniing.it is likely they would have stood bv the Constitution and held the ultrais:s in check, liut unfortunately, it was impossible to convince the 3o44nfai there "was much danger Thcdelusipn prevailed lhat all this rxcilcrijT'nt ari l show of resistance Was con fined to Southern lc; dors who were far in ad vance of the li' ine feeling of their constituents. It was said in iniljcntial quarters, among North ern men: "O you could not force the Southern Conferences out of the connection, if you real ly w ished to yet rid of them. Let these Hot spurs make their speeches and work off their steam; the people are safe enough for the in tegrity of the Church." And the world knows llie result. The Southern Conferences did go, preachers and people, pcacacably, since the plan of separation allowed them the priv ilege; would have gone forcibly had no such proi ison been granted by the General Confer- Nowthis thing was not done in a corner. The whole country heart! of it. Thelirgest, firmest, most strongly banded of all the religious com munions of the United States, was rcntin twain. TJio world ki)ows .tht abuUtionism. didJu- "("lie world learned a lesson, at least they migi have done S'. This paaaaec in ecclesiastical history afforded one pregn int illiwtralion of Southern resistance to unconstitutional ag gression. It proved there wasfirmucss enough I i n tne pan w niiginna wen at tne nuin,to r!- srst a iieijrmlmg -usurpation. - And in this w ofthn subject the division of the Methodist Church will go far to save the political Union. What is it that nrw threatens the Union: Every Southern man knows wht it is. A pseudo-religious movement, with its plea nf courcience overriding the Constitution, exul ting in-its avowed detcniiinanti t 16 sweep trow Tfir"iiiiTirirwiiaTir "forwiiwnr me rnsvp a: ' . - u I : !.: disgrace of Southern institutions is making the impression upon the Northern mind that (lie Sou thorn Slates can lie forced into its measure, Iigiint strength and numbers in proportion to the spread of the delusive idea thai Ihere is no ground of apprehending resistance on the pari of the South. The real danger lies pre- ciseTyHWfp'iHnt 'hVftfflrt1m,enTifter'W-' crn iclim ml moves on and it sustained by the sufiVuge of Northern opinion .lulled into fatal security by the idle dream nf ultimate acquies cence on thn part of die outvoted, feeble South. What shall keep these encroehmcnts, from the very foundations of the Constitution? Oratory t Speeches in the Senate chamber, or on the floor of the hall of Reyresentatives in Washing ton? If anything can do it, some telling de monstration of actual resistance to abolition digonrania nion must be relied nn, some great fact, which aaya in plain language that the South clearly aeea the limit beyond which no gratuities can r will be given lo buy. a peace from tha seeressors in a hostile more- meat, and tfat Sulhern men will take their stand at thai limit and maintain their rights to the last. The trial fell on the Southern Meth odist Church, and she furnished the txperi- mtntum crucit The fragments ofourece'e siastical union have reared into a beacon, warn ing the whole country of danger. Deeply I aa the unity of the Church was cherished at ihe South, a sentiment and a passion nursed hy re collections the mrwlsacred, fostored hy anticipa tions the most brilliant, it was laid on Ihe altar of constitutional right ; il was given up by the Southern portion of the Church before they Would, at Ihe bidding of Northern masters, surrender their equality of right under gnar- an'y of the Constitution; before they would submit to a usurpation without warrant from ihe word of God. Thia example has been held up in the Na tional Legislature to show, in Mr, Calhoun's language, "iheexplosive effect of slavery agita tion." But the explosion wat Ihe result of risi-itinee to agression, and well miy the North reflect upon the moral of the tlory. The passage in Mr. Wehster't speeches. which referred to the subject, stated emphat ically that he had "never yet been able to come to the conclusion that there was ground for that separation. . 1 his remark, however illustrated by. the drift of his subsequent re marks, evidently meant that this great states man saw no reason why the Northern Uhurh should lorce their ultra sentiments on the dis puted questions, noon their Southern brethren- He had the North In his eye when he said: " There art men who with clear perception vas they think, of their own duty, do not see how too hit a pursuit of one duty miy involve them in ths viel itiou of others, or how too warm an embraoemenl of on truth may lead to a disra gard of other truths equally important,. A a I heajd.it elated -etwutgJy, out iny.dy ago these are diaposed to roiutii upon i tome duty at a war horse, and to drive furiously' on and upon, ani over all other duties that miy stand in the way. There are men who in things of that eort are of opinion that human duties may be ascertained with the precision nf math tmatics. They deal with murals aa with mathematics, and think what is right may he disiingnmliwi from wks s wwig wih Wl precision rol aa algebraic equation. They have, iherelore, none too much chanty towards others who dinar from them. They are am ! too, to think nothing is good but what U pei- feci, and that there an no compromises or modifications to be made in submission fcylif ferences of opinion or in deference to other men's judgment. If their perspicuity enables them to delect a spot on the face ot the sun, they think that a good "reason why the s in should be struck down from Heasen. They prefer the chance of running into utler darkness to living in heavenly light, if it be not abso lutely without any imperfection." This we hold to be a acathing rebuke to the fanatical one-idoa-ultrainanli-sTaveay excite ment, a denouncement 6f llie polilco-religious- tsm which has ilone tor itie cnurcn wnat u is attempting to bring about in th State, a divis ion, by trampling upon the constitutional rights of the Southern section of the Republic, by presenting new and impracticable issues, and by creating unwarrantable degrading terms of fraternisation. If the Northern and West ern Methodist papers can gather a crumb of comfort from Uiia speech of Mr. Webtcr, in nw of the wnding Iatc-auit, they are wel- wm o the, stfce4jn, - . Perhaps an apology is due to our readers for the complexion of this article. Aa llie conductors of a religious journal we abstain. on Tinnciple, Irom political discussions. While the Northern church papers of every denomination teem with such artielea at the men and the great body of ourcruxensmp the management of civil interests. Our lore- filing arcnuxka-haue. . hi.siiggeslCiLby.lhe, rclerence made lo Melhndiat allure in the National legislature. We deplore the possi bility of the breaking up of our national con federation; and for this reason we dread the trumiih ot fanatical aiuiULiooisfflr which teen er or later, 'must ead In the catastrophe. The mania, once it has full hnadwav, will sweep lits I lanj-shdo orer all liu chucks uf law and religion, and bury in one common ruin Ihe landmaiks of ihe Constitution and tin hops of humanity. COMMTJiacATPW3. For the Star. Missus, Editors: During the past month. it was a great pleasure to me, in passing through some five or six of our Western Counties, to learn the sentiments and wishes of a goodly number of Whig Inenils. 1 hey are wide. "wide awake" this time, and are determined never again, in an important election, to be 'caught napping." 1 nov speak of the peo- p,F who da the noting w h work Jor. their party because thv believe, that, upon llie suc cess of the principles of thu party depend the prosperity and happiness of the American people. - From observations I cm say, with all ran-1 dor, that our present excellent Govcriior, if re nominated by the Convention, will rertaiky command tht) full strength of the Whig party. The prejudice which is said to exist in the V est against Gov. Manly, vou mir rest as sured exi$i(f) only in imaginalMn.-.VJi.v..llus is llie song of our oppouauu, up iicrcv aal t i sunn by them alone not by Whigs. Is this Mirprising? Of course not.. Our friends arc fully aware, (hat it was ut terly impossible for Go. M. to pleas i every one in hit selection sltommissiunera to locate the Western'Turnpike Road. Trite, then was some little dissatisfaction at first, but this rmartmemiTma'mrtiuatm 6TOrejunw,Trmr, .. , .. j . j .... I was informed tpon undoubted authority had il have matured would not have influenced one doxen rotes,) w kich 'is now smoothed over, and aa was to be expected, from a magnani mous and charitable people all with one or two exceptions, are satisfied that the Govern or had no whim of his own to gratify that he ; 'Tsifeil'niyTddffhb"dmy;"'-'" - - " : Depend upon whit I here any: Guv. Man ly will receive a much laroer votk at tho approaching election than ho did two years before. I have heard of numbers who, at the lat Gubernatorial election either voted against Gov. M. or did no lolo at all, thai are now eager for hia re-nomination, they think he has been misrepiescnted, aye slandered, and de sire to t how, by giriag him a large vote, that their confidence it strong, very strong. The nomination of no mat, in my humble opinion, will give more general satisfaction through out the whule Stale, than Charles Manly, of Watter- CATAWBA. April, 18S0. For the Star. Supreme Court, December Term, 1849. THE STATE vs. GEOROK BOYETf. When a man is indicted, under the Statute, for "knowingly and fraudulently voting at an election, when ha is not qualified to vote, he cannot justify himself by shewing, that he was advised by a very respectable gentleman that ha had a right to vote; for the maxim that "ijraorance of the law excuses no mm," . ap plies as strongly to this case as to any other. The eases of tho ktrUtf. Diekrnt, I Hay. 400 cited and annmved. Appeal from lha Snperior Court of Law of Johnston County, at lha tall 'lend I83a, hit Honor Judge Battlc presiding. Tha defendant was indiclcj for voting, knowingly and fraudulently, at a constable's election, held for one of the captain's districts in the county of Johnston, in January 1819. On tha trial, it was proved, that tha defendant voted for constable in ihe district mentioned in the indictment, havingf haen a resident in the said district for lest thaei six months, im mediately preceding Ihe said election. It wat also proved, that he did Dot mention the fact of his non-residene-i lor six months to tne in spectors of iho polls of the said election, and that they did not know 6f tuch want of the requisite time of residence. ' Tho defendant offered to prove, that, before he gave his vole, he took lha advice of a highly respectable and intelligent gentleman as to hia right to vote; that tht taid gonUemen sdviwd that he had a right so u vote; and that he voted in consequence of such advice. The gendemm consulted waa admitted not to he a gentleman of the bar. The counsel for the- defendant insisted, that ike testimony wat competent to ahow. that ha bad not voted fraudulently, but in good faith.- ' ' ': .--': - -- - . - tt ' i jpTb Court sVaIjVylM-a'"fa8taiowy ,m- uiaiiinissBUie, anu mai h wouij nave oeeo to, even if die gentleman, who advice wat taken by the defendant, had be?n msiuber "fthe bar: that Ihe defendant was bound to know the constitution and lawa of hit country; and that ignorance of them in htm and tit advisers woulJ not excuse, thoagh it might be propel to be heard by the Court, after conviction, in mitumuatt of the., pamehment. ..Tha Couxi I expressed the further opinion, that, if ths de- j fondant had voted in ignorance of m alter of fact, or had slated truly and fairly the dels jofhis eaeo to the wspeeiore and they haddc- cided in favor of his voting, then he could not be deemed guilty. . - The defendant waa convicted, fined fix pence and eoata, and appealed. Attorney General, Sot llie Stale. . IV. Miller, wi.h whom waa . If. Bryan, for tho defendant, submitted die fol lowing argument: The wordt of the act of I844-S are, "If !tny person shall hereafter knowingly and fraudulently vote at any election, who by law shall mil Ik) entitle.! to vote at tuch election,' he shall," fcc. he itlti Man. 91. So far, it follows ihe language of llis penal Statute, passed 1777, (Wen. Stat Ch. il. See. 20,) against illegal voting, except lhat ihe words, "knowingly aud irutuulrn I; , are not in tliat act. Il is submitted, that die ozones intended to be created by the Statute ia ihe fraudulent roting at an election. There must not only be an illegal voting, but, f coupled with ftTfruujluleiUpurpoie or intent. If the Lrgutjap4 m uuijji .iheflcl of voting, "not being entitled to ote" exclu din? all enquiry into the intent the motive of the voter, why usa the terms, "knowingly and fraudulently!" Its meaning could have been much more clearly expressed by adopt ing the words of. the renal Sum to of 1777. These words aro material. Without them "i-i-::i'siT2stJ:2i-"i-iii:ffi':t an iiiuiciiiicm wouiu uui uu gouu. a uikvh Ml. 503, Lull.- If the rnfciif the quo oiiimo, be not of die essehed "oT IhTolTeni' shut out fnim all evidence, when it has been established, that ho voted, "nol being entitled lo vote. But it ia admitted that he can shew a-iuiauikeiu-millers of tef,aa that lis voted under a deed calling lor fifty acres, when there was a lest number or that he was mistaken in his age. Whilis the object of siieh Cvldeiictlf not lo explain the intent of the voter? But if the intent ia of no impor tance, and the offence waa complete when the illegal vote was given, no matter what the motive, then inch evidence would be wholly irrelevant. . Let it be coiie.eJId, that llifl case i made out against the defendant, when it is proved that he voted "not beinj entitled to vote," stilt, ia he precluded from shewing, that he vou-d under nn honest, a 6o(io 5 Jf belief that he bad a right to to e? The maxim, ' ignorantia jurU non txeu tat," does not apply to offencet created ky Statute, wacro the intent ths qno animo, is a prupc: inquiry for ths-jury, ... Put if Jt . plies at all, then, it is submitted, il does Dot extend to mistakes and ignorance ol collateral questions of law, such for instinee as ques tions of title the legal effect ol deeds and Wno,sthe validity of rhcro'bale'of aucl.' wri-" " tings, .fcc,. . , ': The evidence offered in thit case waa not intended lo show ignorance or rnittakoofthc law creating the ojjt nee, but assuming that ho knew the provisions of the Act of t8tt-5, it waa offered to show that ho sought tnforinv .fioiiiaoch'a'Tit undor this iiiformition, afilinuglt he Voted, "nol beine entitled to vote," vet he did hot thus vote ''knowincrlu and fraudulently." Of course il would U fotluo jury to say wheth. er the information was sought for, and a:t cd upon, in good faith. . The Court hai decided tint tliiT deed bf ijrme-eorrrt awhoa pyrywwiiwarahawj ben irregularly taken, la -voiu. vvouio a defeotlant indicted, for voting in Uie Senate be precluded from showing audi a deed ; in evidence, in connection with the fact that he had ofmn voted under H before? Wonld .ev idence going to show that he had at a previ ous election exltibitcd the deed to , tha Poll holder, mil they -had pwrmirred tiliit To "Tote under it, ba excluded? Thia Court hat repeatedly decided that til a under a fi-fa. bearing test after the death ef lha defendant therein, hia heira not having been made parties, it void, and 'the purchaser acquires no tide. Would Hia shur ITa deed in such a case, with evidence- of pnsssession under it for years, be , rejected when offered in behalf of a defendant, indict ed for a vote cast under aueh a deed? I Other cases could ba put, going "to show lhat tha exclusion of evidence ol a Aono fide mistake or ignorance of the qualifications of voters would give the Act of 1811-8 a sever ity,v. liTcli was nol inleudcd hy die Legisla ture. . .' Some such eatei might ba drawn from ihe opinions and practice, which prevailed 8- nime;st the mitt eulighleaeu men ol tne wte in reference to the nglits to vote at between grantor, trustee, and ee via tut truit, especial ly before the able opinion of this Court, (iVltver ed by tho Chief Justice) uudir a request from the Senate, at die last session ol Die Legislature. ., :. , . ' - Had the Senate; in the casa of the contest ed election, which waa before them, decided the questions of In w for iuk lf, and passed a Reatilution that in its opinion, the trustee a- tone waa entiled to vote, would such a trus tee thus voting, an I indicted under the Act of 41-3, ba excluded lioiu evidence, allowing, lhat immediately before hia vote waa tast. that resolution was read to him front lha Journal of tho Senate? - - . . t ?; Would il avail a defendant nothing to thew, llint, being illiterate, ho asked one of the Poll holders, when not acting in hit olh- eial capacity, to read the law, defining Ills qualifieaticns of voters; and he read il pur posely wrong, by which ha waa deceived and led to cast an illeffal vote? i ! . . ! It ia coitnnded by Die Slate, that had tha defendant tubmitiei (ho quatlioa of hia qtial- illcalion ta the Poll - holdors,-and they had passed anon it officially, and allowed hint to vote, t his would hare excused him, beeautt their decision it final. It ia submitted, tin is not lit j reafon why their decision can be giv en in evidence: butuiat it is admissible to anew die intent of ihs voter; for if it war otherwise, and so contended Mr, then the) moat flagrant frauds upon the ballot box would go un punished the most running -tmpoaiiion upon Uie roil holders could bo practiced witn un. punily, provided a favorable opinion be obtain ed from-theia, acijn in their yuasi . judicial. capacity. n ,!' . , ' 'ii... ii t : :t... -ri. ? liu iiviw am tiiaiogvuv iriui:ivio ui law, which may aerve us. ,.-. - ; , . , In ptrjury it is necessary to aver and prove, that the oath was taken "wilfully and comwtly, fur "if done from inadvertence or mistake, it cannot amount to voluntary er cor rupt perjury rcA. Crim. Lauti 428. J). js f a lietc l for itealinj hir of A. It heing naecsaary to pr e property in A., he he is exanuuod fur tliat purpose. -SulMcqucnly he is indicted for perjury. WoulJ evidence, shewing that he waa mistaken in the legal effects of a deed under which he claimed the property, ba rejected? Would the deed itself, though void or of no legal fleet, be txclu- ded? - "- - ? - A defendant ia arrested under a ta. a., filet a schedule and tweara to it. He ia indicted under the 17th Section ef tha Act for the relief of luaolveut Debtors. JRtv. Stat tk 68. The Slate proves that he left out of Ihe ached ale certain property which came by hia wife; would the defendant be precluded from ex hibiting in evidence a marriage settlement, which appears to be void as against creditors. under the decision of thia Court in ths case of Smith v. Cattrix, 5 Ire. 518- Would the Court reject tuch evidence when offered to i"w, that the oath waa not token MwiiAi'Iy and corrupdyt" The principles laid down in ths case of Saundert v. Smnllu-ood, 8 Ire. 129, may afford some aid under thia view of the rase. That was an action of debt on a bond, and a plea of a certificate of bankruptcy to the de- Lwkal? hsrtrupl pfM tiff replied, that, at thobme tha defendant - hibited hia petition in pankraptcy, he waa seized of certain property which he did not sot forth in the petition or any inventory an nexed, but fraudulently concealed tht tame, 4c. The eaao waa brought up to this Court upon faett agreed from which itappearjd, thatj, before llie mamag of'me tWrt waa a settlement ol property on nil wne, wmcn was proved before the CTerk of the Cp""'? Court and ou'thiXaMouri husband'a eredilora. It waa eouumded for the plaintilT, lhat the dcfenilant waa presumed to. know lha legal effect of ih probate of the tleed.'arnl ivnoi'aiice of the:tawrd him. In delivering the opinion ol the Court, hia Honor, (the Chief Justice,) after declaring the. deeds vuid in law ag-ainst tho defeniLnJ't creditor's, aaya: "But admitting the properly to have been in the defendant tor tha benefit of hia eredilora, it ia not lha necesaary cousi quenee, lhat hit certificate of bankruptcy can be impeached and avoided, for the omission to insert that property in his inventory, cr otherwise disclose it lo the Court tilling in Bankruptcy. For euch omission ' may have been innocent, at tht defendant might not have been wart of tht legal mtuffictrncy of the prolate, or indeed migtil nave known how, in point of fact, the deed waa proved, and the act of Congress docs not invalidate Ihe discharge for every omission of property, but only far tome fraud or wilful conceal- .Mirru.. 9 1,-..:..- ; j. To constitute larceny tho taking mual be felonioui. ' ll ittlie peculiar province of the jury to aeciue npoo . uie inrcnuon oi pne ejMtfit-.ISF"J?i-- MKM-- - "It ia a good defence in larceny to shew that tha-taking-wa bonajblt, uniiof suppos ed claim of right, Aatoerer unfounded tuch claim may be." Ztarkie Bio. ' e Under ihit prineii.lo the Court would not reject evidence "of claim of right," founded upon a deed void in law, but which ' the do '&ad3ttt.;hd hpU.l nd:;-ayf: htm a salid UUc. ; Such proof would-go lo ro- pel tire animtit urandi. , ;,.:.-,'- . . ..,,. Jt it auhmitled in conclusion, and with due de ference, thit ths clfjjt of ihe principle laid down by the learned judge below, ia to strikeout from the statute the words kn jvinzh andfran Ju- tenth, and thereby lo place mia'ake and fraud, misjudenrtaTv!my;on rhflliine foifllhg." Such waa nol tha intention of tha legislature. It had already provided a penalty against ills- gn voting, whatever Ihe intent nf tha voter. Thia waa an ample provision against voung "not boing tnliUed to vote," where the purpose waa honeslt but it waa not sufficient punish meat where the object of lha vQUrw.as fraudu lent and corrupt 'This defect tha Act of 18 14-6 wat intended to supply. " ; - 5,,; ' To place the construction contended for on thia Ac would not diminish the niinibi t of fraudulent and dishonest voters whilst il would drive from the polls many unrirht men, who, though told by the best advisers that they art) legally entided to vote, will forego ths privilege, before thwy will run tha risk of an indictment under thit Statute. Pcarsom, J. "Jgnoritnlia lesit nem'mem ereutul. j Lvery one eomixileut to act for himself i presumed to know the law.. No one ia allowed to excuse himself by pleading ignorance, - Lour.e are eompelWtl lo act upon thia rule, at well in criminal as civil matters. It lies at the foundation of the administration of justice. ' And there is no telling to what extent, tl admissible, tne plea 01 Ignorance would be earned, or Uib degree of embarats- ment, tliat would ba introduced into - every trial, by conflicting evidence upon lha ques tion of ignorance. ' In civil milters, it ia admitted, the presump tion ia frequently nol in accordance with the truth. The sales of property ara compli cated systems liia result, "nol of the reason of any one man, but of many men not together; hence, they are not often understood, and more frequeudy not properly applied, and the presumption can only be jusiilied upon the ground of neeesaity. . . P , . But in criminal matters, the presumption most usually accords with lha truth, Aa to such as ara mala in tt, overy one who haa an innate aenaa of right and wrong, which ena bles him to know when ha violates lha law, and ilia of no eouseqnence, if ha be not able In give the name,, by which the offence ia known in tha law books, or to point out the nice distinctions betweea the different grades of offence. Astoauch aa are "mna prohibit a," ihey depend upon statutes printed and publish ed and put within the reach of every mint w that no one haa a right to complain, if a pre sumption, necessary to the administration of the law.it applied to him. To allow 1 igno rance as.sn excuse would bo to offer a re ward to th igrKirant.:-3--'-:: - - ir Tht defendant voted, when by law he waa not entided to vote. He ia preaumod tokuow tha law. - Henae, he voted, knowing that he hid no nght to vole, and, acting - with thia knowledge, ho necessarily committed a fraud upon the public In the words of the Act. he knowingly tail fraudulently voted when he wMJiol entitled to, jikv It ,hiog Jr",f 3 tho part of the Slate that he voted, not having resided within the bounds of the company for six months next preceding tho election, a case was made against him. ! ' "' f- ; He offered to prove, for tho purpose of rebuitlng Ihe liibirene or rrnun, mat lie ma stale j tiie facts to a respectable gentleman, who ad. iaad him lint he had a right to vots. His Honor held lha leslnnooy ioaduiissable. Wa concur in that opinion, Tha ovidenee had no tendency to rebut ihe Inference ot fraud, fIir ,h, infers ace waa mail fram bis wmnsnieJ knowledge of the law, and tost presumption could not oe mei oy any ancn prooi, wiuiowl introducing all the evila, vhieh the rule waa intendrd to avoid. The question, ia tflcet, was: shall a man bo allowed, in excuse of violaiioo of die lav, to prove, lhat, ha wsa ignorant ef llie very law, under which he professed to act, and under which ha claimed the privilege of voting? 1 If he wat not ignorant of the law, and that he eannot be heard to at lego, then, ho voted knowingly, and, by ne cessary inference, fraudulently. An indiolmeut for extortion charges, thai the defendant received the fee unlawfully, torruptlyt tlKtUfvlly and eitoraively. Thia averment the State mutt prove. It m . done by thowing, that the defendant received what the law docs not allow him to take: for, ih f r sumption ia, "ho knew the law vpoia the aubjocl of foes to ba taken by himself and Ihe inference from such knowledge ia, that he acted "corruptly and deceitfully," (word . quite aa arrorur aa knowingly sad fraudulent, ly.) unless il ia ahown," that he did ao by I ' .- t?Li I l-.t a strtnailwrteBee, Of mistake hi eateul He bLbbi xcum turofelf for taking Wan tha legal f. by a mg, lhat ha wa cucuipuwai more Wal fee. by aayuag, lhal ha waa tuuv' led by tha advice of an attorney. U euca a tha like exenaea were admitted, it would hard ly ever be possible ta eonvict, 1 Ha might a'l way a contrive to ground tjia eondnct npoa sa4sippreJilMi ) -iipipe advice,. .Ap.'. . fi Vicktit, I. Hay. 408. J , , , - Il would Ue a diu'erent queflifm, if the de fimdaiit had s;a"cd ilia facia lo tha . ju lgca of the election, and they bad decided in tavot of hia right to vote, for their deciaion would rebu - die presumption of knowledge on. hia part, n a manner contemplated by law. - e f a was ably argned l.w-we oewmwnv r It waa insisted, lhat it waa necessary fur tho State to aver and prove, that tho ucfcrvlant voVfd wtwwiitgly- axtiJ. rattitoiBdyT.1'h . positirin ia admiiled. The reply is, tliat tho , averment waa made and waa proved; for. proof being made lhat he voted when he waa not entitled lo vote, the presumption is, that he kne the law, and fraud ta tho necessary inference, as corruption and deceit were in tha ao a bore cited. It cannot bo contended, that la fix him with knowledge, the Siaio must ahow, that aims one read and explained tho taw to him; or to fix hint with fraud, that it must bo proven, he had been bribed. If so, the Siatuto a a dead Utter. -.- v , , . k Oor attention waa called to tho toot, irut the act of 1844, making lha offence indit tilde, nana theae words, "knowingly and fraudulent- y,J which word arc not 10 tne Aft W 1 7T. imposing a penauj . To Incurt the penalty under the A?t of 177T. die voting must be unlawful, aud it mual bo done knowingly and fraudulently in the at mi above explained. If one, having a deed for fifiy ictea of InndrTptea m tho Senate, and at..,, turns out mat le a ecu onty containea unj nine aeras. . tho penalty ia not incurred. unleaa he knew the fact at the. time ka voted. So, if one votes for a Bistable, and it turns out that tho dividing haa includes hH"aila":a la.. not tncwrred, unless he knew the bet or believed that the true line put him in the other company. ' Thtro-io ot in either eaiM that criminal intent, which ia a necessary ingreiU- ' ent of the offence, whether a be puiushed by penalty or hy indiclmeoU . . 1 he Acl of 1 84 1 ...... . 9tyawm&MiJWIS-JW&'-. the tardea would have implied. It m a strained inler encc, that by ao doing, tha Legislature intend ed to make the Case of illegal voting an. "fjr teption,. , and to take it out or the rule "irne- -rantio legit," a rule which baa always been acted upon ' in oar law , and ia tho law of every nation, of which we have any knowL eje,- cod wttrrmit whtrh, infirl, the b -rav- not ba administered. . 1 he inference nougat to.he made reaulta in lb if the legislature did not inteud Uie Acl of 1844 li be carried into effect it wat intended to bo6mfu n futintn No reason haa been suggested for making aw exception In thia ease. Tho only addiuoaeJ qualification, to that of a voter for I member nf the House of Commons, is a .residence of fix months in titer e plain's company. Tka'a waa not complicated or difficult to ba untie. atood. Why make die exceptioa aa4 alio" a reward tor ignorance ia this particular ease? Such a construction cannot be idinitard, omea thelaw makers had declared their iutcaliua by positive enactment. : ' " ., 1'kr CuriaH Thcro ia no error ia tho Court below Jind tiie same aiust ba as ccrtuT od. f. -.1 ' Tnt tko Star. . Miwss. Koiroas tVi't believe that it ltlla duty ef all good cititens to unite with all their heart, In urging the fricude of this glorious I' nion, not to say, not to da any thing that would in the least decree dim orirt single Hlar In oor glork.ns National Banner, that "a- should havo oaseamney In bringing our now happy Natioav into bad reiaiti; and we would not touuh that sabjeet at thia time, were It not thai there artr sentiments advanced from those in hijjh plirecs, which, if carried out or are tuner-id lo snread. will be woll enleulated to haaant the atnl.ility f ' tois glorioos t'nlontand lha doctrine vrhieh thew ara now Inculcating, they would have all bclieva,. is from a source bijrher than llie Cooatilutiosv an I the oatlia which they take to enrry It eut an t they eontond that they derive those higher n twors and principles from the diriue fiuiituiB of llrfht, tha scriptures. Sues mon ma ad will' mike this doctrine moan anything aaul every thing to aull their prejudices, and have censed this very principle to bear, when they want it, against tha Bible itself, and it dit ino authority lending the very element to aasisl in driving tbaa blcssod Ixiok from the Common Sehools of on entire Stale, and at other times will lend their ' aid to a single roligioua eect, for sectarian par noses, toeimtend fur their proporfinn of thestune Common School fund to rducute their children in their own belief, altbo very many think tha their education it not friumify nm benetieia.1 tt free republics. Altbo we c.innol blame them, Ua get alt tliey tan to educate their cliildrrn iu their own way; ye they bad no more ricia to expect it, than had eoca one of all the other aovts, In tlieir res)ective portion, of this samn fumf; but through the influence of this sams hihfr power means they wore but too suecessful; and if this s.me priueiiile is bnmlil to bene STtiiiat war Liwa aud WonstUotioii, whit a-t'ur-.ij can war ' have fir our now happy Union? j Again, thit detesta'de, pernicious "hlghtw power" is brongltt bnxr afnat the ont-fr -property ofths fimih: and tiiey contend that mn Ii Oropnrty rhnll not bo given np, exempt by trial by Jury, when thoy know tliat this (a equivalent to giving it up altogether; for inde pendent of ths immense troulile it would r" thoownem, (I will oiwt rtiam frenu-nnh. tbrwt times the worth of tho pmpni tv to s:iire il. This I her know. Koncu tliewiekeducss fir cos t-mdingtbrtt. Thus tli--o "hiiher jmwi'r" paost pie- will nut only stub the laws and lite t rui-Lito-Hon, but the la is of Hod, by caunn the po-w Slave, when farmed by hit ina-ier n I tn-Tiar e.jel.;f!,-.;j jft.
The North-Carolina Star (Raleigh, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
May 1, 1850, edition 1
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