m
' j . If It favored 1
til.NERAL AMNESTY THE STANDARD
CAlliHT.
I tic- ftotmdard lia ing !.--1 :tn -! in Qnt (if lU
rin lr un tin- Virginia election that "The K
publican iriy, advocate the Iilt,ral ju-iiiciple
of ("uivcraal Null'iagc and '..- .' 1 . ... 'y," we
1 tut week .r i , ii.l- I to it 1 1; i fcdlo ing que
tiun :
" I the Standard in favor of the passage of
(ienor.il Act of Congress, immediately upon it
aucnibliug in December nest, for the removal of
theuiahiliticsirnoscl by the 1 tth Aiucnamenir
Every Intelligent reader familiar with the
meaning of the term, "(Icuerul Amnesty," cm
ployed by the Stun I ml, known that the question
which we propounded to thai paper amounts
to thin: u Art you in faror of a 'tJlSKlUL Am
NTY,' uhirh y ij ny party tncatr; or not."
We expected, as our reader must hiu expee4r
I. ;. plain simple answer, yes or no- And, af
lar the .Waadird's liberal articles and iUendontc
aacnt of the leaders of Uie Walker party In Vir
ginia, Oev. Lee and Johx R. B.u.nwis inclu
ded, we had a right to txpoot, and did expect H
to f iwwer, ye.
Jiut c hare hecn disappoialcd in our expec
tation. The Standard had evidently frgottcn
how very liberal some of it artie'es had been
that it had endorsed a pany the grdt object
of which i-t tp secure the passage cf bill for a
"OtLvrkl Removal'' yf di-kbilitios. Instead of
imply see waring, ys, it answer positively that
tt i "N 't iu wvor of the pas;me" uf such uu I
. ;' . . -4,
Act. Hut it docs not anxwer we question sini
j .1 y . It aUfweJM.it in iKv.lumu aniflfi, in w-lUckil
attcmpU to extricate itself .front the dihuaa .in
TiiicL it find itself placed. Tho toiui and tem
per of tie biouil inTs article is unobjectionable.
4t i eonrteomi and respectful, afcd, in tbt r.
scrt, is highly creditable to the present editor
of the iStoadortfi TI.it in all other respects i a
ju.jit unfortunate one for that papur. It takes a
w ide rjne, involving the-highest ywstjaeie of
Universal Public Lav, an well iu of Coiwtitn
tional l.iw, nnl in any other. And uKn all of
these ipiel"", trc regret to say, the Standard
Ji f manifested the profoundest igtioraneo, not
wil'ist.iudiiig iU natural intelligence. We have
hi often discussed the various .,. in our
columns, in l C I 'o7, that we shall not go into
them now.
the Standard does not seem to be aware of the
disftttcliou which ail the writers on Public I. n .
American as well m Kunpeau, make lietween
an iiwurrection and a civil war between a re
bellion and a territorial war. It noenw to lie ut
terly iininformed a to the course of our own
government in the premises. It would do well
in atudy the dccMona of the Supreme Court f
the I'nitrd State in the Prize cases, and the
case of Mrs. Alexander's, cotton. Also the cnae
of L V Lash vs. , in the V. S. District
nifnrt havintrproclatoierl rte4f
neral AmnaatT," we only askwj it
the pttMsaifeof a " Ctntntl Hitlfcr.
We did not expect the StaiulurJ to nay that it
favored the ta-saL'e ,4 H bill for the r-iiiovl of
nit ike disabilitic impHl by the Hlh AmeTRt
meiit. Itut wu certainly hail a !:; to expect
that it avbl favor ike pavW of a "tjcncral
Hill," accompanied with crrtaii txceptiona. We
have hoard mural euiiucnl lUpnblieiuis say
that ih ey were in fator of the jpatwafr of a bill
to remove all .ulitieal duabilitie imHwed by
aid aiapudruent, except from tb following
claacM of MrwMiH, vui All whfl ;ield oinct'
in the Executive, legislative or Jddirfal De
parUiienUi of the Confmlerate oovernlioent , All
who repreeiitl it abroad a Fondgn Ministers ;
All who abandoned --.m in the l'Yttcral Cotl
gveaa tor the purine ofiaidite; in the organiia
tion of the CoufiMlerato (ioverniuent ; All who
rtwignod com minions in the 1'niUsl States army
or Navy lor the purpoae of ae pting ju mis
sion in the Cutifmlentte Army or Navy. And
many yf (Uae they are willing to relieve
by the pakaage tfi a special act. We repeat we
know that there are m uiy Kepublic uts in North
Carolina who favor the passage of such a bill as
we have dim-flUd, and we huzanl nothing in
saying that the wiiolc Walker parly in Virginia
are for the pasnai.'e of a bill at least a liberal.
The tiasaagc of auch a bill would Ik- a great re
lief to the people of the South, a well as a great
beuefit to the U. e. gnventment, and ita p. us age
oitnnot be long delayed. The spirit which de
feated Wells in Virginia, ami which bids fair to
defeat (Stokes iij T-i.oe-.s-. will lie satisfied pith
nothing b-s. 'J'be maligmuit Browolow luu al
ready succumbed to this liberal spirit, and -" ba
'i'he i oitrt aisu dttminw-at jtfoeU length the
queation of taxation and arrive at the eewdw
wim that the principle of txpmtton In the(,onstt11
tion, which limits the legislature ami the coun
ties to two dollar on ib. poll mod two dollars on
the three hundred dollar worth of proH-rtyi
doe not apply to the ixlrijuate" taxation nece
aarv to pay ibe interest on the enormou State
debt exi-ting at tlic time the constitution waa
adopted. Nor doe if apply to any taxatiou that
may Ik- neci-sniry. to ilefruy the culinary, or ex
traordinary, ex peniNM of tjie State government.
Nor does it affect the sp.viSe U to be laid by
the lcgislaturv after the year 1880, to pay the
principal i,i the public debt, nor to the tax
neci-saarv to erect tie Penitentiary. Nor doea
A'iUTri.OF .vUMJIONa.pErUKNAIll.I-: T
THE KEtiUtAR TERMS Of TUE SU-
PERIOR U0CBT9.
it applv to the taxes to pay the interest on Ininda
r
oimi'ty Msusd for the purji'i - of completing the
unfinished roads in which the Stale liaa an in
tercut. Rut it applies to all Loud- that may
hcreafter lie it sued for such purjss-s.
The e.'leet of this ibs ision i great and its im
portance cannot easily he overestimated it will
certainly raise the credit vT the State at once. It,
in effect, compels the payment of the old debt
the necessary cxpunseaof the State ( Jovemiu. .i.
and those Isitnls which had already boen i--ued
for the completion of unfinished roads. Hut it
efTcctualJy put an end to any inciae of the
State's debt until she payw what she air. idy
owes, or no far reduce her debt that the taxation
to nici-t it will fall below the limit of the (- tia
tinn fixed by tin- Constitution. This opinion of
the Court ace-ird- with the views of the Conoti-
tution taken by the Old - rih .Stale at Hie time ipi.-stimis of practice and procedure ariin
in .utions brouglii to tins court, and
OuinloTi of the Supreme Court io McAdw
vs. Henhow. from Ouilford vunt. "A't
suspending tlua Code of Civil Procedure iu
. i k .1 ...
certain cases deciHreii couMiiuuonai m
!U-ct to the unacttnent. "write t siimuioiis
sKmII be rettiruaile to the regular term of
the SuiM-ny Court.'
Hi II. mor decide, that the statute, entl
tied. "Au act llispeudiug tllM fotle of ivll
procedure iii certain eaeee." la nueonatitu
tiotnl, iq respect to theenaetment. "Writi
of euiniiions shall be returnable to the regit
lar term of the Sotierior eourU," because
a he claims, it violate art. 4, sec. 26, of
the eonatittitlon.
No court should declare a statute to be
void, except iu a clear case, for. R la atp
ported by i In- .irMiioUioii of intelligence ill
the legislative Inane i of the government
Thisoourt I of opinion, that in the par
liculmr now under consideration, this statute
iloes not violate the constitution, and his
Honor erred in holding, that the General
Assembly has not power to repeal, aaspend.
modify or cbunge the code of civil procedure.
in respect to the judicial functions conferred
by it, upon the clerks of the Superior com ts.
otherthuti that conferred by the constitution
itself.
The question is, does the constitution di
vide the Superior eourt so as to confer cer
tain of its f mi-lions upon the Judge proper,
mid certain other of its function upon the
cleik as Judge-subordinate? Among oth
ers, ' jnriadicti n to hear and decide on all
that ii;strument was under discuiwion, and by the
t 'onservat i v cs genera He.
We almost omitteti to -ay (bat the Court held
Ren Wade. Hut (iov. Hidden and the fit.u! ,,-.! tbat there : no limit to the power of the coon-
3
still hold out again-; it We w .r.t them rlut
Ltbcy cauuot " kick ai4aiu.t Urn prkW
We do not believe in the right of Secession
re nrnrr did. B:tt when we re member that from
the foundation of the Government aureat parti,
tlie party to which loth the present and the
former editor of the Stamford belonged headed
by such men as Mr Jefferson, ami others scarce
ly less distinguished, taught the doctrine w e were
.... . . . Ill, 1..I ,'. nor- WWI, V ftTOUW
it to practice. And remembering tbis we have j
lieeu enabled to judge those who were thus mi.s-
trf-to rtrry t!e. prerMtHt ther tisMatn'n wpeW?d
law of tie Uvuerai Ajmicw Wy, and Uiy uccd.uol
be snbiultted tu the ieople.
W'e pulili-!i this week the opinions of tbe
Chief Justice and Justice Reade iu this case,
ad will publish that of Justice Rodman, if uot
those of Justice Dick nnd Settle, next wea k.
If the editor of the North Stnte is the f onser-
1 vative he professes to be how can he art with
the radieiu Itenimray. Statulnrd.
Tlie mix mdirrf Vfu--rv w-buh wu have
ever had any knowledge of i to be found in the
other timtters niiereof jurisdiction is Iiendiy
given to the Superior court unless the Judge
of said court, or the court at a regular Win
t! rei.f. be eaprealy referred to." CAT. Pr.
Sec 103. r
Is ibis so ordfdiied hy th. CojistitutWn I
There is uo express p'ovisions to that effect
ed w come to tV point. Is this power
confern-d on the elerk by the Constitution,
or only by C. C. PT
It is -laittted tbat art. 4, see. 88 of the
constitution c.iiifers these judicial functions
on the clerk. Theseo'inn 18 in these words :
"The Superior court shall be, at all time,
open for the transition of all business
within their jurisdiction, except the trial of
tssue of fact requiring a jury." Ry itself.
this section confers no jurisdiction on auv
led with leniency, and regard with them charity so-called Republican party. That is the reason I one to net a a Judge, either expressly or by
chnritv toward all and malice toward none."
And we must be jienuittvsl to remind the SUind
anl that it is with a very I -a 1 . race that it stig
mali.es its f ir.ner d i;k-s as "tra:'ori" ami talk-
about umnHtty tmunn oilioms." When it suc
ceeds in makiivr what it now caffs treason, but
whieh, according to its former teachings, is not
treason, otlh'u it will make a number of the
most distinguished iuemlcns of its own iartythe
most odious men iu North Carolina, l-'or very
shame the iilundard ought to ijuit suoh talk as
that ; and from some of its recent articles we
iiad :t right to suppose it would.
And, by-the-way, ln? people of North Caroli
na would like to know whether the Staiulanl is
wc hare been nnablc to an with that part v. iinpliemoin
" If he admits the. conX-rvalism of Lis. Ron- '"-'y a P0"1 the sheriff or any
pttT E. I.ki:, Jou.N 11. Baldwin end others, on else, as" to the clerk, nnd only, by taking
whom he admits to lie 'true Bepubllcans,' how i it in connection wjth sectiou 12, can there
can he disregard their-advice : by acting with J 1' any it r. nnd whatever for any implication
the very radical iK-mm rats against whose i v 11 Section l divides the State into twelve judi
and ruiriDns dnctrrncs (itrv. and the whole cia1 .li-trict-J. "for each of which a . I ndire shall
COURT.
lm rtrs e of Ure UmverwRv Rail
ueuye V. jalaVvittion by Jadge
uwa.
OftMOit OF Jl'STICa RXI.
I agree with the Chief J us ties, that no cor
portion i created by the act, and, therefore, the
mandamus must lie dismissed.
I dy not agree with hint and my aned broth
ers, Rodman and Dick, tbat the 'Legislature ha
no pow er to contract a debt to bajlii a new
Ksjlroad wiihuut tlie vote of the ptoole; but 1
do agree that the Legislature has no power to
givr or lotwi its aid otken to build a new Hfajl
read without the vote of the people. n at) far
as the question discussed in this case, are in
volved in lite case of Galloway m. .I. nkm-.
1 6? N. C. U.,) I feel raystlf bound bv that de
ei- ion, although I diil not concur in it. tut I
am wholloy unable to comprehend how It fob
lows, that because the State cannot lend its aid
to other to build a Railroad for fAsir benrjil,
that, therefore, it raunpt build a Railroad out
and out for its awn btmrfl I If the institution
forbade the Lcitislature to lend tiie aid of the
State to New York to build a State House or
remtentisr' for New York, woult1 it be -up
iiosed, that, therefore, the Legislature could not
build a State House or Penitentiary "out I
out," for North Carolina? Or would be sup
posed that this view was answered by the afgu
iii. m, that the greater include the leas, and if
it cannot build a rdMK with lite aid of others,
it cannot build one without sued aid .' It is
said that the object was to prevent the Legisla
ture from contracting new debts. And yet it is
admitted that it may contract new debt for
other puriKjsos than Railroads. If the .object
was to keep the State from going in debt, .why
uot keep it front going in debt for other purpo-e-.'
"If a farmer has a field mpiiring a fern imi
three sides, would it do any good to fence it on
only two sidesf Hut 1 will uot pursue tlie
matter further. And 1 purposely retrain from
approving, or dUnppruvingj the internal im
provement pjlby ; because it i not a Judge's
province to uo so, t omy scck io . xpouuu wuai
has
fey lev's delay. The oorraotloa uw Iu vd,
tored oo thvliata la ny cooveoieiii blank id.
After al ih corrections shall have been made,
the Clerk of the Board of Commissioner mut
lorwaru to tie Auditor an amended ahtrmi
saoving the taxrs in neral and sue. in I tinr Isv :
the eoimtv to the Public Tr.-,.r;- I week. TllTKl
In carryiiig into uffce kh foregoing recom English Bep't. ,r!"''1'- i:-:, i?,
meodations, it is not at all ns7rv that therel . .. ' l","l",,lltt,, - ,,u
shall S any delay mifJMXW1 V"'"
The sheriit wiiiWrigX held JtimSilU Cu.l!,,"';!', I ; v. : v..w: v.:;: -v.: 00
K.I t ilMnalkeaJ k.. 1 . ' IiOHmI Hi "'Ml ItllHIMt HI C I" llUMIlII.
. . . in w ,
V
ery respt-cthily, At,,
D. A. JENKINS, Pnb.Tr. as.
II. ADAMS, Auditor.
Walk Ell party have warned the people of the
South."
lie chosen, w ho shall hold a Superior Court
iu each county of said Jistrict, at least twice
this is ijuite cool when it ts remembered that a year, to continue for two weeks unle,
the policy which has just prevailed in Virginia Arc." These distri ts severally comprise
that of making the l-st terms possible with some sev en r elgbt comities. I be argu
the Kep iblican party North, who control the
government, wa first ailvisatid by the tAd
S'irth Sl'itr, and for a long time by no other pa
per in the Smth. The first negotiations ever
t.Vrirt of Minn"nta. It will then? see that the
Court held that the late war was not inertly an
mmrrrnction nt rebellion, hwt hit tt was a n'rit
wr - dvi iwi-ii war, and tltal no ilisiiuetion
could be made lietween those in the South who
were in sentiment en the side of the Union and
those who were on the sije of the Confederacy
that they were all alike, not rebels or traitors
but, tflten enemies and that they were treated ac
cordingly. Those who committed overt acts of
of war against the U. S. (jovernirient- before b9
ligerent tight' were accorded were guilty of trea
son, but those who were never guilty of any
"Overt act mitil aftr that time cannot be justly
Jicld aciountable as traitors. And of those who
arc banned by the 14th Amendment not on.- in
pen culd ever have been convicted of treason
as every lawyer whose opinion is worth anything
will sav. Nor were they, or but very few of
them, nt the time they were thus banned liable
to the charge of treason! It was impossible to
inflict any punishment upon them by indictment
iu ourcourts. Neither could it be done by an
act of Congress, as that body could not pass an
at pottTio law.' It could only be done as it was
done by an amendment to tl,e Constitution
which, contrary to the genius of ci il liberty,
w w ex rM farto in its operation. This x pott
facto amendment banned all the respectable
Unionists in North Carolina a well as Rebels
and Secession lets. And yet the Standard talks
about the maijnanitiitij of the Government. All
of our intelligent readers will concur in the opin
ion tlial jf the Standard is capable, of magnan
imity it U a virtue w hich it has acquirud very
recently.
But in nothing has tlie Sflartdard displayed
more ignorance than irt discussing the- 14tb
amendment, with which every intelligent etiiiu is
supposed to Ik? familiar. We imply asked the
fitmulartl if it favored the pa.s-,age of a "General
Aet by Congress for the removal of the disabili
ties imposed by that amendment," not of an
Act to 1 amend said amendment We gre an
swered Unit " it is a portion of the Constitution
rf the UsiTUD States," h " can only be repeal
ed by the whole people of the United States"
that a " total repeal of the Amendment would
be neither advisable or proper" that "we are
willing to have the Amendment mi modified as.
pa place the pardoning power in the District
Judges of the United States Courts."
The l tth Amendment embraces several im
portant principles, on of which is the political
disability clause. We asked for no " repeal,
of wit.
tn we were
th
I i at. r i i :.. 4 '
for Stokes or Senter. But ll.ev are not at all , "P8""' " lut ivepuooe.o. nm. ... v ongres
likelv to know until afur the'elecuon. 11 kavmg th it object in vh-w, were in Wash-
s. -.'.s tt,.. csisp with the Vinrinia .-lotions. i ington i.y by a numU r of genlleiii-i. f...m the
wiH be witb tlie nsrtv tht trwmidts. I "' i&nsm. '
The Standard close its article bv askrmr: i '""' ii!"nt-
Doea this TOtisfv the X f We an- i wu ,'re ' 'al cflort were tiov. I )rr-
wer ves, it satishe lis that thTtfawder. lils r- i ' S'; (' or- "f .Aw- ,i, v Shark
ol .Miss., t,ov. Aiarrin, ui , uu, and .'ion. fta-
Iwuii-doiie bv the Coiteiitution and bv the
Legislature. If the lawmakers have erred in
mutters of- tltcT-,-thc- renrcdr is with the pe-
pie.
My const rucUoo or the taxiug power or the
Legislature under the f oiisitiitioa is as foHows :
1. The first object itf the ( 'mi vent ion "iu the
oth Art. of the l-onstiluUon, was to provide for
the ortljnarv and current cxiensc of the gov
ernment. That is done in aeclions 1, 2 and il.
And for that purpose the tax is limit d to $on
the poll, and the same amount on -".on worth
of iiroiicrtv. and conation must be oliserved.
This was t bine, la to be sulheiclit for the ordin
ary and economical administration of the gov-
ernment
'1. We had a considerable pubiiu delt, ami,
afti r provilii)g for current exiM-nse, tlie next
lonsideratioii was, how is the public debt to be
met'.' And the 4lh section orovideN that asiie-
cific tax shall Is- laid for that.
In ri g.n-d to the construction of the first four
sctions, 1 do not understand that there is any
dirlerence of opinion among the Judgi-s, exeet
it mav be as to what constitutes "the public
debt
3. Taxation is not the subject of the oth sec
tion, except incidentally. Having provided in
sections 1, '2 and tj for ordinary expenses, and
in section 4 tor the public debt, the next com
side-ration was, to provide for extraordinary oc
casions. And for such occasions .the 6th sec
tion provides, not that taxes shall be laid, but
that bon.U shall be issued ; and, as incident to
the Isinds, siiecial taxes mav be laid, not to pay
the bonds, but only the interest, leaving the
bonds as part of the public debt, to be provided
to bold the courts, fur he is required 1 1" under section -i. 1 lie power to issue uiese
. il j . ... . i .
Donas is unrestricted:, rmm tne very nature
of the case it must be so. If an extraordinary
91 A II II I Ml
At the teideave of the bride's father, in this
city, on the 25th Inst., by the Rev. J. Rumple,
ila. Ltwjs E. VoQH to Miss !nm. Jd.
Eabxhabt, all of Salisbury.
Jo tkl county, on Urn 1st of June, by the
Dev. Wn. B. vVood, Lictrr. T. F. Hrx, of Ire
dell county, and Miss J tu a V., eldest daugh
ter of John M..rlin, of i: w in.
In this countv on the " cb ... a., by the Rev.
Sam'l. RotliriK'k, Ma. Lovklics D. McCakx
and If is JOIJA Ajtm, daughter of John Black.
In TayloMville, on the 6th in., J. Taylob
Mt'lWTueu to -Mi-- A i.i i J. Si M,,s i . ..
K
In Salem, on the 1 Mil, 0f Ju'v, Ma.4- MaBY
C MifKEY. consort of Samuel T. Mickey, and
daughter of Levin and Sophia RricU, aged 27
years, 10 montlis and 11 day,
In the vicinitv of Cliarlotte, on the 12th inst.,
Mas. J AM McR k, in ttieToth year of her age.
In f oncotd, on the 20th inst., Da, K I'
MnlfMilU' UiU r itlfin .
THE KA f.UXEUM of this School will open
Oil the tt'th of Cjipleinbi-r, and coiitiniie sixteen
One half of the above charge la required iu
advaiu-e.
Kor further particulars, oddiesa th I'tiiicirmU
July :to, IHfi'J. U -'in
MISS AICE PEARSONS
.'I will ro-opi-ii mi Momi.M .
Term : f-Jt per seasiou.
each s
8H00L,
ent. IX l-r.'.
I.uImi and French
July M at::wr
l ANKRUPT Sale of Land. 1 WILL
19 sell at the honsc of Porter (iiHliain,
near Rowan Rills, ou Saturday the 28th day of
e VALUAUI.K LANDS belong-
ing to -a.il lirahiiui.
Augtist next, the '
The land has been divided lute small tracts
to uii purchasers
Mr Urabaui will be pleased to show tbe land
to any one wishing to purchase.
Terms cash bale positive.
R. F. 81 Uf XTOX,
July 30 td Asslguee of tt P. Graham.
iliiiT
rTMIE.AROVB IS TIIK MOST APIMfO
1 priate name that could have been applied
tnthis raluable aad powerfully iiilliiential 1'iiiti
mI.- U.7. i ZJLmJT:.'.. r lb-troyer. Its tu.'l'ieucc ovor -n-h patntul mul-
v... (((iiei lg lt (h recoil. n.eiuleil to exert cannot
t alliums county. be .j,,,,,,,! y ,y ,:,s,. wtl mV(. , ,r.,.(
nniTi'nv - Tbpie tsoluinied forit a repu ation im-i all
"i.i f i K. other preparations recnmnicudcd for similar
Dm at his residence in this conntr, on the purpose when ther hare tailed, RCA 0 10
2Hd iii.m., Mil. Thomam Tood, in the 77ib year ha- not. Keep it a. way. - in wu la.. ..v for it i
f hi- age. Without fubwme adulation "or high-' I truly an enemy toVcit'ff;ff. Itratirhr. Tou'h
wstMiikt eulogy, the ilscsansd van eaidenhtiiiilT jseisr, A'ejweehe. Oep s iuiuii, MkuUru. Meim,
one of the excellent of earth. For twenty-live Jharrhaea, lyrntrrf or Bloody-A' far. '" , .-
I Mia. Our rUt-uut. ;. -: J aw. i err .imtt
Ague, Spraiim and ttruintB. inftitmatioii Of Kid
in ,-. S'irraH Dvbilitif, Colic, 1'aiim or Spaumi,
ol an character.
Prepared and for sale br
Dr. G. R. POCLSON.
Druirpist and Apothecary, Sulisborr. y C.
Juno :H, l(WJ. -tf
Those w ith whom
iiieiit is in this wise : Section 12 renuires
the Judge? to hold a Superior Court, to con
tinue lor two weeks, in each couuty twice
every yi-il)-.
Ry ie.-tiou 28, "The Superior conrt shall
be at ill I time open for the t ran act ion of nil
business Ac." This is impossible, if tbe
J 14. Iff
to be absent, holding onrts iu uthir CoUli-
I lies ni,rlv half the vsHi
al articles were all Written for tmniztm 'erR-et
that practically they meant nothing. Without
having a very "acute" porceition, and without
having our mural feelings," as wc hoc, "very
much blunted" we are yet able to see much "in
justice " in the Standard' "statement."
v i'ARTlLJj.
Tiie editor of the Standard very good hutnor
edly replies to our article of las; week under this
caption. He says that the fact that "the pill."
which wc presented to him, "is sugar coated
does not make it less nauseous, or m.ikeiiim
feel any more inclined to swallow it." We arc
very sorry for this. Thv "pill" is a specific for
Kliticai heterrsloxy and would have made him
a "True Republican" and a sound ( Vmaervutive
of the school of I,ce, Rahlwin, Stuart a!l
Walker. Rut he rejeited the "pill" which
would have restored him to pglkjcal i-callh and
vigor, and iie will continue to linsjt-r in hwprea
nt sickly cmulition until he changes his. miud
or goes to " that bonnie from whence no travel
er return"." He says that "some of the facts
stated by the Old Xorth Stale are true, hot the
deductions are entirely wrong."- Wcilj if tlie
K.I i: or of the Standard caoqot accept OUI conclu
sions we are gratified to know that he admits
our promi-pf. There is much hope for him still
i much hope that be will yet -In b- to "swal
low" the "pill," nauseating as it is. We repeat,
it u ddo himuoil restore him to i)olitieal health
and vigor aiu? convert him into a "True Republi
can," vv bi.ii is a sound Conservative.
Tjhe Standard still claims Io be a (Jonservative
paj)(er. Jvot long since it gloried in the name of
Radical. Il r)ow clajtijs tbat the 'Republican
party is tl:u C'otj,iejva1ive party. Not long since
It claimed that il was tlie Radipal partj Kither
the Standard has changed, or the signification of
the terms have changed, and ire have shown
that the Standard has not really changed, not
witlistanding apjicarances. The Standard docs
us hut justice when it saYs that we deny tlmt we
our jiajier are Democratic. Rut while we are no
Democrat, and have little sympathy with the
thaniei Hoyden, of North Carolina. A plan of
compromise wa agreed u,.... that would have
effected a speedy s ttlemeni of the citiestion iikii
the basis of a qualified impartial sulliage, if the
Southern people had been guided by the counseJs
of tbe distinguished gentlemen whom we have
named and the Old Snith State, We ourself,
personally urged upon several of the leaders of
the Walker movement the policy of taking, at
that time, the course which they subsequently
took, but in vain, except as to Mr. Sutherlin, of
Danville, who assented to our luguv
" Nh, until be a-ta"14 -conservative w cannot
regard him as the conservative he profesees."
Every sensible man in North Carolina that
knows anything of our course knows that we are,
and have always lcenr tlu.- conservative wu pro
fess, ami it isa matter of little eouseouciinu to us
whether the Sianditrrl so regards us or not.
" As we are ou the Republican side we have
alwayi been on 'the side of the Tut'E conserva
tives.' "
We have iuliciscd the word "always" in the
above quotation. It u a very comprehensive
term, and carries the editor back to the time
when he first "crossed the lino of accountabili
ty. As lie has been a Republican, so-called,
for only a few months, we wish to know whether
he was a "true Conservative' when he was a
member of the democratic party and tlie editor
of a democratic paper!
" The present State government consists
of men who aiu true to tbe government, true to
the country and true to North Carolina." '
This will be news to most people. White the
remark may be true as to a very few of them,
rnost of them are generally lielieyed to, be true
to nobody but themselves, and true to thehisel
vea in "no exalted sense.
THE IIOM lTE A D CHII-i1 JUSTICE
PEARSON.
We did not pnvposfc to erase it from the Consti
tutiofty v the S'aiutard seems to suppose, or to
We publi-h this week the opinion of the Su
preme Court, declaring the Homestead Law
Constitutional and retrospective in its ojiera
tions. We forbear making any comments,
ultras of the Democratic party we have much j though we could scarcely repress a smile when
less wijh tbe ultras of the Republican party, so- ! we read tho Court's definition of "a Retrospect
called. Roth will have to be put tinder the ban ' ive Homestead." The (jm-slion seems to us to
Bo " amendment," and no " modification " of it. i before thecottntry can have peace, as has been , be, not what tlioXiourt said it was but, whether
done recently in irginia. a law which was rutroxpecuve m tls nperalion,
We are in no way responsible for the course i and whief( therefore, rendered it impossible to
alter or change it anv way. As it now stand- it ; of certain Democratic papers mentioned by the j collet t 4 debt which, according to the testimony
provides that the disabilities therein bnpKcd Standard, They never recognized us their lead- j in the case, could easily hajve been collected hut
may "be removed by a to-thirds oto ofboth j cr nor do we recognize tnem as our leader. In- , for said law. Impaired the obligation of con
House of Congress." L'uder this power, un- j deed one of them, the Tarboro' SoutJierner, cut ' tract. Side by side with the opinion of the
xaistakablv conferred upon Congress, e simply -1 our acipnuutancc a year ago, and we never knew Conrt we puhiLh thcdisi-nting opinion of Chief
sked.the Standard if it really favored the pas-. of any cau-e for it except that the Old Xorlh Justice Pearson, which is a severer comment
sage of a ill f ObbBBAJ. AaOrnetT," as every '.State WB not a Dernocratic paper. We have often , than any v.e could make. And we are aa char
one in ust have been led fo suppose fiom w hat j r-bnked our TV mncrafic and Consrvative ,-on- I itahle toward the Co irt as the CfiTef Justice is
had appeared in its columns. The answer Is, j temporaries for their course, and have been sus- J toward his brethren. We believe it is feasible
contrary to our expectations, a most decided ! tained by few of them in our conciliatory and 1 for the lo-t of men to bo biased by the pressure
KEOAJtlVt v ("conservative course. In fact the Old Xm lA StaU of surrounding circuiustance and yet be wholly
We are obliged to conclude that "the liberal j has always been an independant paper, save for unconscious of the fact,
principles," which the Sl mdm) says it party "ad- e very brief time when it was comraittcd to tj,0 The. Chief Justice, by filing his single dissent
swmVj " In vc reference to the future policy of that 1 Conservative party organised in this State in I ing opinion in the case, notwithstanding the trc
party.' AnJ to show that we have done the Stan- Fo- 186'' and is still. is mendotis pressureof public sentiment, has shown
dard uo injtwtice in savitig that its exprcssionT- VFW R VI I Hf U IU T ivrq ' himself worthy of the high position he oeimpica
"Gksebal A u x esty" wen t to the whole extcn t of
a General Rnnaral of polUUal dLxlilitUi, wt- will
Kegiu the coustit utiun confers on the. clerk
of the Superior court judicial functions to
be exercised, iu place of the Judge! Non
tequitur it only follow that section 2S
cannot be construed literally. It seems to
be a provUioA tahen from the constitution
"f it State which appoints a Judge of the
Superior Court for ertri county, then it may
work well enough. Rut it tm.st be trimmed
dow n in some way. in order to make it fit in
11 constitution which appoints only one
Jiiilttvcfa Superior court for districts of
seven or eight couotig. One way is to con
strue t to mean .that the Superior court
shall be at all times open for the transaction
of all such business as can be done in the
i.bseiice of the Judge for instance, issuing
writ of summons, taking undertakings for
isppeals, special proceediugs for arrests, in
junctions, Ac, taking probate of deeds,
granting letters tes'ainatitaiy and letters of
administration, appointing guardians, Ac.
iv here the clerk acts as surrogate. Allow-
that this does not fully satisfy the words of
section tits, I he question again comes up,
what is there in the Constitution to confer
the judicial functions under consideration
upon the clerks ? And that. too. iu face of
the express enumeration of the judicial func
tions conferred mi them and set out in sec
tion 17, e.rprennio unius crduxio altering. "
Section 17 is iu these words "The clerks
of the Snperior Courts shall have jurisdic
tion of tlie probate of deeds, the granting of
letters testa nieutary aod.jof administration,"
Ac., iiud-o wcA other matters as shall he
preficrtftd bn law.
KjThis enumeration of the subject of juris
diction divides the Superior court ouly to the
extent of conferring on the clerk subordi
nate jurisdiction iu respect to certain matters,
which hud been before exercised by the
county Court, and most of which iu other
States is exercised by the Surrogate Court,
and in England by the Court of the Ordin
ary If it was intended to make a further
dirwtoit of the functions of the- Snperior
courts iu the constitution, by conferring ou
the clerks jrjrisidictton to hear and decide on
all guestjoue of practice aud procedure aris
ing in actions brought to said court, why
was uot that eet out in the Constitution, like
the jnrisidietion to grant letters testamentary
and of administration, and trie other matters
enumerated
Here it may be remarked, in putting a
construction upon an instrument, the ques
tion for the court is. not what the drafts
man meant but What the words of the in
strument mean ! h some inies. happens for
this reason that the draftsman is less to be
relied ou Uuiu almost any other person, to
construe an instrument, whether it be a
Constitution, statute, deed or will. cial taxes levied to pay interests on bonds au-
All dillicultv. however, is removed by this ' tliprwed to lie issued for the purpise qf build-clau-e
in See.' 17. Tbe clerks of the Sn- I inK Railroads which were not begun and unfin
nerior court shall have jurisdiction, "of : 4M nt hme 'M if Oonstitu-
such other matten, as shall be nr-scribed bv
and unforeseen occasion is to lie met, how is it
-possible io limit the means unless you foreknow
the occasion ? If there lie an insurrection,
bonds must be issued to meet it; but whether a
large or small amount, must depend upon
whether it be a large or .-null iiisurioctioii, and
so with any other occasion. It ought not to Is.
stipiiosed, that a Constitution would be framed
with such limitations npon the taxing tsjwer, as
that the vessel of State will sail sandy in fair
wcatlu-r, to be wrecked in the first storm. We
mav well iinoart.it to wisdom to provide, that
orilinarily there shall be light taxes and econo
my in expenditure-, but when any extraordin-ary-necesssity
arises the whole power of the
State must be unloosed to meet it. It is admit
ted that the counties, for special purpose and
with the appro, al of the Legislature, may, un
der section , levy a tax without limit and
without a vote of the people. It waa supssed
that extraordinary necessities may fall upin a
county, and may not extraordinary necessities
fall upon tbe State ? It need uot be inferred
that either county or State taxes will be excess
ive, because tbe counties and Legislature have
the pouter in extraordiharv cases to make them
so. I'litll the new Constitution, there was no
restriction whatever upon the power of the Leg
islature tax : anil yet the taxes were never bur
densome. There was sunxxsed to lie a sufficient
check in the. accountability of the representa
tive to his constituents. The restriction in our
hew Constitution is deemed a wise one- indeed,
probably, by the new order of things, and in
tended to protect the non-property holder from
an oppressive jsill tax, and the property holder
from an uueiual property tax, for the ordinary
purposes of the governmenment.
I admit that the Legislature cannot give or
b ud an v thing to Railroads, which belong to
others, without a vote of the people ; but if any
extraordinary iceasion or rei ea-ity arises, the
Legislature may do anv thing for the State which
the occasion mav require many issue bonds at
par without limit, aid without tax, mid issue
them below par with a siiecial tax. For anv
abuse of this power the Representative is re
sponsible to the people. All that the Court can
says is, thus it is written in the Ctmstitution.
BEADE, J.
INSTRUCTIONS FROM THE PUBLIC
TREASURER.
The following Circular from the Public Treas
urer and Auditor, will direct County Comis
si niter.- and Shea ills bow tn proceed in collect
ing taxes under the late decision of the Supreme
Coup.
Statu or North Carolina, t
TRKAsrRY Dep t., Raleigh, July 22, 1869. f
Ib the Chairman of the Bonrth qf Oimnnssioncrs
of the various Counties in A'.irrA Carolina :
The Supreme Court of the State has decided
in tlie case of the . L'uivcr.-itv Railroad Com
pany s. the iovernor and Trt a-un-r, thai spa
as he a Ruling Elder of Thvatira, and
1 hough modest aad retiring, nobly and efficient
ly uiu lie pei im-111 uie iiuiies 01 in- omce.
As a private Christian he amassed stores of
biblical knowledge, and in his daily walk was
uniform and consiktent, exemplary and faithful.
Never was there a more obliging neighbor,
K -nvalde cititen, kinder or more steadfast friend,
athcr should we say, he was tmlv a Christian
of the highest style and in the bcxt signification
of the term.
As he lived, so he departed with the precious
Saviour by his side, walking with him through
the dark ralloy ana opening tlie pearly gate of
heaven for hi admission,
Though he never sought favor at the expense
of principle, he enjoyed the esteem and gisid
will of tin- church and community, of which
the large funeral anil solemn attention to the ex
ercises of the occasion gave abundant evidence.
The aged and the young delighted to honor him
and will rietiiate his memory to distant gen
erations. May the Lord, by his promises and
spirjt, afford consolation to survivors aud pre
pare them to enjoy with him the recompense of
reward. CoM.
SPECIAL NOTICE.
A vim.
The Subscriber takes this method of returning
bis sincere and unfeigned thanks to 'ho gener
on 1 public for the very liberal and exceedingly
large pa'runago extondod to the Uouutaiu Ho
tel. Hut circumstances over which he has no
control growing out of conflicts with his profes
sional dntio and above all. a solemn sense of
; duty to his wile, whose health forbids the con-
. 1 I I 1 . ' m
11 nuance ui ner cuaige unci oveisigut 01 uio Ho
tel, without which the Hotel con uot maintain
its character nu First-Class House, compels h i m
to make this public announcement, tb it from
and after the 4th of August next. Thk Moun
tain Hotel will be positively and unequivocally
closed as a Public. House. Re further announces
inasmuch as one Rote in Morga iton is insuffi
cient to acconi un idnt e the. demands of the travel,
ing public, that be will MI or h'asp the proper
ty on very accommodating terms. Possession
will be given immediately and would suggest
that any person desirous of engaging wouid do
well to make application at once and avail them
selves of the advantage of Commencing with a"
large patronage, its.. Sic.
Very Respectfully.
J,M. RAPPOLDT.
Morganton, July 2S 1869. 3(-if
N. R. All person indebted to the Hotel will
please come forward within (10) ten days
aud settle, avoiding by so doing extra cost of
collecting - ' J. U. H.
SALISBURY MARKETS
JULY 30, 1S69.
repotkp mr.fi i uccoNNAirauKy. okockr.
01
90
Be
mo
wt
'2-1
(IU
'-7
. 1 by his noble independence. And this must be
The Supreme Court has made a most impor- the opinion of every high-minded mao in the
cive Noah Webster's definition of the term : tarrt decision afTeeting the debt of the State, tax- , Stale,' whether he agrees with the Chief Justice
' General Amnestv, an act of oblivion, a gener- ation, A-c The i-i ... was made in the man- or not. n
a', oardon of the offence of subjects against the ' damiu case of the University Railroad Company j . ' '
governm.-nt, or the proclamation of such par- J v.. W. YV. Holden. The mandamus was dis- Who are RaxxEO. The opinion which we
v.J m.f k, l,vmn. m tb- dullet ' missed noon the aronnd that the charter did not ' Pve last wi-ek on this question was based upon
.trtW iLoi uUcu these diwbiiiiic ! create such a body politic a, could enforce Its tbe opinion of the Supreme" ConrHn the case of ; endure is a creature j.f the General Assem
law." Under thisi clause the General As
sembly had power to enact the code of
civil procedure. by which tlie fuuciions of
the Superior eourt are to some extent di
vided between the Judge, and tbe clerk, and
under this same clause, t'je General Assem
bly has power to repeal, stispeud. modify or
change its enactments, so as to make writ
of summons returnable to the regular terms
of the Sopr-rior courts.
Iu this -iew the next clause of Sec. 17.
"nR issues of fact joined before them, shall
be transferred to the Superior court for
trial.hannonzes. an 1 .every thing is made
tn.fit. 'Issues of fact joined before them !"
Who? The clerks of the Superior court',
whether exercising the jurisdiction conferred
on them by the Canstitution a Probate
Judges, or the-'inrisdrction which may be
conferred, on them by the General. Assembly
iu its wisdom under the word : "All such
other matters as shall be prescribed by law-'
As 111 this particular the code of civil pro-
aTrncd a, a poui.hmcnt to ot
Uie sulject tUn- is no "general pardon' that that all appropriations made t.,r the construction ln) IUJ H- UIU "irrwi. iwa
n I -mas thev remain there can be no " 06ir- ' of new roads, by the late legislature, are unconsti- j bas lajen tarried up to the Supreme Court
KrA by the 14th amendment the pardon- I tuiionai and void. No such appropriations can j of be Uniicd States, and we hope ita decision
, pow. r i- us certain extent, taken from the ' now U- made in any event without the approval ! "ill grwUv reduce the number who are now
ClMtlhml M!r..n,rred nr Congress. 1 of the people at the roll. ' ne.n ny our .-..pnw or. ,0 w oaona.
than its maker Judgment reversed
PEARSON. J.
Jnstiees Reade. IMck and Settle concur
with the Chhf Justice
I opinion.
tion, are nnemstitutional.
After consultation whh the Conncll of State
and the Attorney t leneral, in view of the said
decision, we are advised that the jirinciple of
the decision undoubtedly includes the follow
ing Railroads, viz: The University Railroad,
ilu -Eastern and Western Railroad, and the
Kdenton and SUfiblk Railroad.
Ry Section 20 of "An Act to provide for the
collection of taxes by the State and by tbe sev
eral counties of the State on propcrtv, polls and
income," ratified March 13th, lSii9, the Com
missioners of the Counthsihave power to revise
tax lists, where excessive taxes are imposed.
We therefore advisetyou to amend tlie tax lists
of your county by striking therefrom the speci
al taxes pronounced void uy the above mention
ed decision v
For tbe above Road tlie taxes on the real and
personal property of the State are as follows :
University Railroad, 1-100 of one per cent ;
Eastern & Western Rnilrad, 1-So of one per
cent ; Edenton & Suffolk Railroad, 1-40 of one
per cent. Aggregating 17-260 of per cent, or 8i"
cents on tbe $100 value. We think it heat
that this per centage should be deducted from
tbe special taxes,
Cnder sectkin 19 of the aforesaid Act, it is
tbednty of the Commissioners to make all cal
culsi t ins iK-cesarv for ascertaining tbe amount of
taxes due by each tax-payer. We think it best,
therefore, that the Commissioners should make
the corrections above indicated. Rr emplov
Bacon. per pound,
Coffee, per pound.
Torn. per basb.ol 56 lb.,
" Heal, bush, i'i "
t'uppems. per ponnd,
Csndlcs, Tallow, "
" Adamantine,
Cotton, par pound,
" Vara, per bunuli,
Kggs. per dozen,
feathers, per pound.
K.imr, per sack.
Pish, Mackeral, a. t.
1. - 2.
'.j,.-i..--W'ff--iMa'WW'.-T.'i-w.: '3"
Frnit, dried, apples pealed, i7 to 8
U T. nnn'IH Hi in An
, . IT - - - - vv
" Peaches, peafed, 16 to Hi
" " litl...-,,',.. 1. .......... to 10
Leather, apper, pr pcand fig to 76
sole, ' 83 to W
Iron, bar, " 6 to 8
" eagtlag, " 8 to 10
Nails, out, " ' 8 to 1
Molasses, sorghum, per ga 60
" West India, " 60 to TO
" 1 Syrup, " 1.00 to 1.20
Onions. per bushel 60 to 60
Pork. perpoand ..... 10 to 13
i'otoes, Irish, per buahel, 60 to 75
" Sweet, " 1 Art to 00
Sugar, Brown, perpoand 14 to 16
('-landed. " 18 to
" Crushed Imlvarised 90 to 90
Salt, coast. per sack, 3.76 to 2.75
" Liverpool, " 9.90 to S. 00
" Table, 6. Mi t.. 6.011
Tobacco, T.eaf. perpoand, 8 to 10
Mannftctured, SO to 1 .55
" Stnokine. x 40 W 1,00
ITHo
22 to
SWto
96 to
10 to
90 to
06 to
36 to
9 00 to 2.26
13 to 16
45t to 45j
4.00 tu 4.60
421.00
90 to 32
to
it to
00 to
16 to
0 to
68 to
83 to
6 to
8 to
8 to
STATU of NORTH CAROLINA,
MONTtfUM Kltf COUNTY,
i the-Superior Court.
William Lns iter and Richmond Jobnsor, Ad-
miuibliatots ol Jucoh I.asstlcr, deed.,
JtOAIitrT
Harrison Johnson and wife Rethany, Celah
Johnson, Washinirtou Rush and 'vile Mar
garet, Benjamin Rdwh and wile Jane, John
Ket ins, D.za Russnll, and Laikui Keraus,
Guardian of Henry K--i.n.-.
rKTITMH FOR AOOOCMT AND SKTTLKUEXjr.
Il appearing to the satillaction of the C urt
(hat Diza Ruflsell, one of the defendants and
heits-at iaw ol Jacob La-siter dee'd., is net a
resident ol (Ins State ; It is ordered tbat ser-
ice of stliiiinoiiS said 1. i..- 1- be made
by pub!. cation iu the "Old Ntuth 8tatc,"'once
a week tor six weeks sucfCNUvi-ly, notifying
said defendant Io appear at tl.i Ipxt term if
this con it, to be held al the Court Uou-e in
Troy 011 tbe 4tli Monday after tbe 2d Monday
iu Augu.-l next, aud answer the la-lilion of
-aid administrators or the same w ill be heard
ex,pat In as Ui thiou.
tiiven nn kr iny hand and the eal of said
Court at Troy, this 24ili dav ot July ISfiD.
C. C. WADK,
Cletk Supetior Court Montgoinery Coamv, N.
C. 30 0w (pi lee $3.) '
STATS of NORTH CAROhlSA,
J0NTQ0.iEItV CO UN IT.
In tht Superior Court.
Henry W. LedKetter, Piainnir, against Daniel
Mcllae, Delcndant.
Wbcreas the above oaun-il plaint ifT lias in
stiluted his action against Daniel McRjie ti n
above oamed defendant in the Superior Court
ol said county to tec-over tbe possession of n al
propei-ty held by toe said ileletulaiit.
And whereas Uie said ifofoudaitt Ih-ing a res
ident of this Ht$ttf, na departej ttiereTroin to
to avoid the service of suuiiiions or keeps hiin
sell therein with a like intent ; It iu ordered
that wr vice of summons be made by publii-a-tioH
111 the ' Old North Slate" once a week for
at least six weeks, successively, notifying tbo
said defendant to appear before the said Supe
rior Court at the court houe in Troy, cm ibo
4ih .Monday after the 2d Monday in Auvros-r,
nextXthen and there 10 answer the complaint
of the PI intiff in tho above entitled cause or
the plaintiff will take judgment for the rebel
demanded In the complaint.
Given under my hand seal of said Court, this
24th day-of July 18fiU C. C. WADK.
Oterk Superior Court lor Montgomery, Coun-
ty, N. C. 30 6w (pi fee $8 )
SUMMONS.
lip Nye Huiuhisou ft T. J. Sumner, PUintuTs,
AOAINsr
John E. Rrowo, Wm. S. Rrown, Z. B. Vauco
and Robert Ft Soke, Dehadanta.
STATE OF NORTH CAROLINA,
To the Sheriff of Rowan County Greeting
.Yoii are hereby commanded to summon
John K. Brown, W . J. Rrown. Z. R. Vance ami
Robert P. Huke, if to be found 111 your Coun
ty, personally to be and appear beloieliis Hon-
or, ttn? J udge of our SuHu ior Court, 10 be held
for (he County of Rowan, at the Court-House
I in .Salisbury, on the 1 bird. Monday in .Septeui-
oer next, ineo and mere to answer the com
plaint, a copy of wl ich is served with this sum
mons, and let them take notice,
X
NEW AD TER T1SEM t N TS.
Turnip Nttl-Vrr Choice Seed.
TrE PATLTJREof the early Corn Crop, oc.
oasioned by the late protracted drongth, will
naturally suggest to the farmer the necessity
of doing all he may tosnpuly the deficiency of
rood, especially tor rtis stocx; ana as tnere is
nothing now, which he can do, but produce
abundantly of this valuable root crop it may be
well to secure a supply of the best and most re
liable seed.
T" tbis end, the subscriber has procured a
supply of the ohoioest kinds amongst them,
Kuta BagaLaftje White Flat Dutch
Large lied Top Large Globe Large
Norfolk and other approved kinds.
These seed will be sold at such I'ow price.
that any one, no mutter how limited his means.
can aiiord to buy them, and throw the old sorts
aside. To b had at E. SILL'S Qrua Store!
July30-2t
Salisbuiy, N C
Justice Rodman give) a long dissenting clerk. wUch is no doubt best, this
work can b don so speedily as to uitoIt only
"P,I3SO3il7TX0W.,-T:iI- FIRM OF
J CAMEROy UiLL, is hereby dissolved
by mutu;l consent. t
James H. Hill will settle the affairs of the
firm. JOHN TV. CAMEROX.
JAMES H HI
VillBtraT ID.. Jly T
Hint il tbt y
fail to answer said complaint dunny tbe next
term, the plsintiflfs willp ly to the Juiljje ol
said court for ihe relief demanded in the com
plaint. Herein fail not, and baveyou then and
I .. . ... tl.ia Wi-il .
Given under my hand nnd the seal of the
said Court, al Salisbury- the 24th day of July,
a. d., 1860. a.-judsum Mason.
Clerk ol the Superior Court for Rowan County.
Duplicate of tbis summons issued trt Butt-
combe lor Wilham J. Brown; to Meckleribm g
IbrZebulon B. VShuce, and toMiicbell for Rob
ert F. Hoke. A. Jcupon Mas .n. C. S. C.
North Carolina, I r ,t Q n
ROWAN COUNTY, In th SuPr Court
E. Nts Htnacaisoare T.J. Scmneb, Plaintiffs.
AO.VWST
John E. Brown, William J. Brown. Zebvlon
. 3. Voe and Robkkt K Hoke, Defeiubuits.
It appearing, to the eat i slant i 00 of tin Court,
by auidavit filed 1 lint the defendant John E.
Bhown 'above named, is not a resFtent ol tlr.s
rotate tbat hi rwidence i not known and can
not aftor due diligence b. ascertaineil, and that
after due diligence he cannot be found in tbe
State That a cause of action extsts against him
in favor ol said plaintiffs, the grounds of which
appear by the swoin complaint that I e is a
proper parjy to this action, and thai the fuim
mous and complaint herein were filed in tho
Superior Conrt il Rowrau County 011 ibe 21tii
day ol July, 1369
ORDEKEI). That the srirr.mons herein, a
copy of winch sppearr above, be set vi d as to
the sa: Joun E. Rsown by publication ol tim
stpne ina newspaper styled "The Old North
Slate.,'' piilifislied-uitlmoay-cif aakiehaty, .
111 each week for six Weeks,'
WitnesvA- Jud'on Mason, Clerk of the Su
jjjtrior Court of Rowad County, ' at olhee ;u
Salisbury, the 28ih day of July. ISGR
A. JCDSON MASON, C. S. C.
36-iw ff.r fe USTi
i.J A