' ' '"'.' I '''' ' ' ' i I ( l .
...... inmttotinr-' tnL
v.. icji.wtf- ...... -- Wi m P" iMm x - . i
r : ...-.z.---- r - - -. - l ... - ' j - -- - " " u 1-.' " :
SALISBURY, N, C, AUGUST 6, 1869.
Patronise your own Institutions.
THE Kxarcises of tho C mcord Female
College, at Stateeviile. will bo returned tbe
1st of September i est.
Hoard, fuel, washiug. 915 per month.
Tuition in regular classes from $9,50 to
$5.00 per mouth.
Music, Drawing. Painting, i'c, extra at
moderate rate ; pay went lialin advance fo
term of lour mouths, ending Dee. SKI. For
further particulars address
E. F. K n K UT.LL.
fitateavifle. July 9 3m Prosliart
University of N! Carolina.
THE FALL SESSION of this Institution
will commence on the Hth dav of August
peex- and continue twenty week. Prepar
atory and Normal Departments, and a Gen
eral Cesar of University Lectures, will be
i .1 . Lulu i- cxpeuue. including tmaro.
$85 to $100. All the benefits of the Institu
tion are offered, free of charge, to' a limited
number of resident in the State. Apply to
the P eaiaeirf. SOLOMON POOL.
Chapel Hill. July rtth, lt. 37 6w
Malmille Wale leudemj .
J. It- BUI. A. M.
H. T. Burke, A. BC,
TUK FALL. TEstM of this School will open
on the -th of September, and continue sixteen
Weeks. Tl'ITU :
, Primary $ 8 00
English Dep t. ,,,,,., ,;,,iillP w
Classical Department 10 00
Contfffcnt Fee .... 100
poind in gooI families at -1'.' per month.
One half of the above charges is required in
For further particular-, address the Principals
.Itilv an, 0 am
IS AICE PEARSONS SCHOOL.
-ivJL ill re-open ou Monday, .ept. 13, iifJ.
Term-: i-Jit jj! r session. Latin and French
each a, July 30 30:3
Edge worth Female Seminary.
The next session will com
nience on the first Monday of September. The
entire expense of .Hoard and Tuition wid be
from f 100 to $1 10 if paid in advance. Eaoh
boarder will furnish her own lights and towels
and alto a pair of sheets and pillow cases. For
circular address J. M. SI. CALDWELL,
july 2. ISfiO 3m Greensboro', N. C.
Pleasant Grove Academy.
IMCale and Female.
THtJ SEVENTH SESSION WILL CO.VI
roence imlheflth of August neit.
CnrMJ5ngiUh, Classical, Mathe
matical. Te;:ii9: TuitiotMjom $5 to $10 per session
Hoard with the Principal $9 per month.
For parlieuiais addiesi the priiitipal at Fi.l
tou, Uavie Co., N. C.
W. J. ELLIS, Principal.
Pleasant Grove. N. C,
June 23, 18G9.
26 3 m
MBBAiNEVILLR, N. C. N
Wm. aingham, Robrrt BinghRm, U. B Lynrb.
The session ok i869-'7o begins
August 23th, and continue forty weeks.
The cour.e ol" Iustrut'.ioti includes the ordi
nary EqgHh branches, the Ancient Languages.
Franca, Mathematic, Book-Keeping, and the
elements of Natural Science.
Expenses, (including tuition, board, fuel,
Wajahinft-booki and clothing,) $365.
Circulars sent on application.
June 18, 1869. 1i 6w
jBAinEfcZN AOABBBST. The
X first Session of this Academy will eotn
BieBoa a tlie first Monday in A iifrut ansutng.
Cupilscanenterat any tiaieand ba charged from
the nine of entrance .
The rates ot tuition will ba as follow: 17. SO
at the end of every month.
No paiua will be spared to give pupils a thorough
training ia all the branches usually taught in a first
The Academy ia located in a healthy and moral
coiBmnnfty in r'raaklin Township tour miles from
Salisbury, on the new rnnd to Morksvtfle.
Board on be had in re.-pectabie families from T to
8 do I la per month. L. H. WITHIN '('K,
Jane a. iwt.-au)ni rnacipai
AlKli.NE AT LAW,
LEA JNGTOX, AT. C.
AV ILL PRACTICE in the courts of Datidr
son, Forsy the, Guilford, Alamance and lian
dolph counties ;
Hon. R. M. Pearson, C. J. of N. C, Raleigh.
" E. G. Keade, Associate Justice, "
" Thomas Settle., " "
" r: f; Dirk,' -(
" Bedford Brown, YanceyTille, N. C.
" Hon. John Kerr, '
'.' J R. McLean, Greensboro', N. C.
" ThomasHnmn.fr.. " ,'
J. M. Cloud, Dobson, N. C.
.1 annarr 11.
joblx . iii;nr,Ko,
ATTORXEY & COLXSELLOR AT LAW.
SAlilSBUHV, N. C.
rWill attend promptly to theCoIlec-
trati of Claims
DR. 0. A. HENDERSON.
H A VINO resumed tbe practice of Medicine
Respectfully offers his protessional services t
the pqbhe. '
OFFICE : The one late oconpied by White
head & Hepderson. Calk: may be I. It eilhs
at his office, or at Enniss' Drug Sone.
Saliahnry, Feb 12. 18(i9. 6-fir
Dr. 1. W. JONES.
TAV1N0 located iu 8alisbtiry, offers hjs
XX rmiesswtnal services to tne pub.tc. Ot-
Oraige. ifar t. If6-tf t
, , ' J
J. Fine New Bucy. Apply to
WILI.IAH H. BAILET,
J.iiy M i' Jiaiissiirj, r
State of North Carolina,
Superior Court, Spring Term, 1869.
Jaroaa Haywood, administrator of James Hay
wood, Sr., daceaaed, against Benjamin Hay
wood, Richard Haywood, James D. Hay
wood and wife Dicy, W. R. Haywood. Sr..
and wile Nancy, W, R. Haywood, Jr., Ben
jamin F. Haywood and Malinda Haywood.
Petition to aaaAw Real IjktaU A net.
IT appearing to the satisfaction of the court
that Benjamin Haywood and Richard Hay
wood, cannot after due dilligenca ba found
within the limits of this Stale : It is ordered
that service (be made) by publication for six
weeks, suoccasively, in the Old North Shite a
newspaper published in the town of Salisbury,
N. C, notifying; Ute said non-resident defend
ant to appear at the next term of said court to
be held for said county at the Court Honse in
Troy, on the lourlh jnouday after ihajecoud
mocdaytn A ujrest nct, and answer the peti
tion of said Administrator or the samo wiH be
taken pro confeeeo and beard tx park as to
Witness, C. C. Wade, Clerk of our said court
at office, in the town of Troy, the 4lh Monday
after the second Monday in February, ISiii).
26-6w:pr fee $10. 0. C. WADfe, C. 8. C.
State of North Carolina,
Superior fhnrt Spring Tern, J P.
C. C Wad-, administrator of Jonathan Rich
ardson, deceased, against John Richardson.
David Richardson, Martin Morgan and wife
Lanev, William Jordan and wife Liuia, Wil
liam Fuller and wife Elizabeth, Spinks Rich- .
ardson, Hiram Richardson, Maty J. Rich
ardson, Albert Richardson and El;zubeth )
Petition to make Real Estate Ateet.
IT appearing lo tho saMslaction ot the Court
that all the above named defendants cannot
after due dilligeuce be tound within the limits
oft he State. It is ordered that service be made
by publication for six weeks successively, in
the Old North St'tt, a newspaper published
in the town of Salisbury, notifying the said
non-resident defendants to appear at the next
Tirtn of this Court to be held for said County
at the CiHirt House iu Troy, on the 4th Mon
day alter the 2nd Monday iu Auut next, and
answer ihe petition ot the said administrator or
the 8aa;e wiij be lateu pro cot.fusso and henni
ex parte as to theui. .
WimewC. C. Wad. clerk of our said Giurf
at offtcein Troy, tlie 4th Monday alter he 2d
Monday iu February nexr.
C. C. WADE. 0. S. C
This June 22, 18fi9. gftw-piTf in
In the Superior C'-nrt.
Henry W. Ledbetter, Plaintiff, against D.tniel
Whereas the above nanieil iUiUrttn" has in
stituted his sction against Daniel MeRae the
above named defendant in tbe Superior Court
of said county lo recover the (kxssession of real
property held by the said defendant.
And whereas the said defendant bein? a res
ident of this State, has deparW-'t therefrom to
to avoid the service of summons or keeps him
sell therein with a like intent ; It i ordered,
that service of summons be mode by publica
tirin. in the Old North State" once a week for
at leaKsix weeks, successively, notifying the
said defendant toapear befoie the said Supe
rior Court t the; court house in Troy, on the
4th Monday afA the 2d Monday In Aurusi
next, then and there to answer the complaint
of the PLInalffrn tbc above entitled oanse or
the plaintifT will takVjudgnieut foi lite re'ief
demanded in the corr;plarat.
Given under ray hand seaHsof said Court, this
24th day of July 1869. CV. WADE,
Clerk Superior Court lor Montgomery, Coun-
ty. N. C. 30 6w (fir fee $8)
K. Nye Hutchison & T. J. Sumner, Plaintiffs.
John E. Brown, Wm. J. Hrown, Z B. Vkks
and Robert F. Hoke, Deli udants.
STATE OF NORTH CAROLINA.
io the Sheriff of Rowan County Oreeting.
You are hereby commanded to summon
John E. Brown, W.J. Brottn. Z. B. Vance and
Robert V. Hoke, if to be found in your Coun
ty, personaHv to be anda r before his Hon
or, the Judge of onr Superior Court, tu be held
for the County of I'owan. at the Courullouse
m Salisbury, on the iMrd Monday in S-ptem-
her next, then and tlieie toanswt'i ti.e cum- ;
iiiaint. a uodv of vvfiuh is served with this sum
tuons, and let them lake notice, that if tliey
fail to answer said complaint during the. next
term, the plaintiffs will apply to the Judge ol
said court for the relief demanded in li.e com
plaint. Herein fail not, a u j have y uu then, and
there this Writ.
Given under my hand and the Seal of the
said Cpurt, at Salisbury the24ih day of July,
AiD., I8C9. A. JUDSON MASON.
Cleik of the Superior Court for Rowan County.
puplicate of this summons issued to Dun
comhe for William J." Ifr.vv?n ; to Mecklenburg
tor Zi-huloti li. Vance, and to Mi'chel! for Rob
ert F. Hoke. A. Jci?o Ma., C. S C
Worth Carolina, i
ROWAN COCNTY; ( "1C Pr oun
r - r - - ii .
K. Nrs HvTcntsos & T. J. Pcmskr, Plamtifs.
Johw E. BaowH. William J. Brown. Zkbuloi
B. Varna and Robert P. Host, Defendants.
It appeasing to the satiafactioo of I he Court,
by afndavir fi!e.J that the defendant Jons E.
Baowa above usuned, is not a resi Wnt of this
StatKi tliat his ssmshhcjp is not knowu and can
not af'ar due diligence be ascertained, and U:at
after d ihhgence he cannot be found iu tiiu
State that a cause of action exists sgs'nst him
iu lavor pt said plamtiffs, the grounds uf which
sppar by the swoin uomplaint iltat he is-a
prop r pa. ty to tins actioir, and that ibe sum-
, nious and uumplaiut herein were Hied in the
! Supciior Court of Rowan County i.n the 24th
day ot July. IW 77
ORDBKED, That the sinrnxms herein, a
. conr oj which appears above, be set ved as to
; the sid Jostk E. Bsows by publication of the
la, Pu0'lsh, m the city ol Salisbury, once ;
in each week for sit week.
Wiiness, A. dudson Mason, Clerk of the So-
peri, r Court of Rowan County, at office in
Salisbury, tba 28ih day of July, 1869. '
A. JtjDSO.N. UASOtf, C. 9 C. 1
l)eS(2 Nortt) State
ri'ni.lflBBO WBtKCLT BT
Editor and Proprietor.
RtTROSV ?i in in. rio
OifH Yfar. payible in advance 9.1.00
8iS Mom ii.s. " ' 1.50
.- Topic to one address. 12,50
10 Copiea to oue uddrese, 2O.U0
JSaUt of Adverliin(j.
One Square, flrat insertion fl.OO
For each additional insertion 50
Special notieea will be charged 50 per sent
higher than the above rates.
Coart and Justice's Orders n illbe publish
ed at the saute rates with other advertise
meota. Obituary notices, over six lines, charged
as ad vartiae uiutai
i Coin tn n.
50 f.'l 7.V5 00 $8 50 13 00
A ll! ft 9Jti
s Hfra no' k.(io
6 0(1! 0 00
U 0020 00' HO.OO
15(K)'J5 00: :..rn
8 00111 00
11 00!lfi 00; 20 IHI:) 00 45.00
18 00J24 00; JIO 00i 13 00, 7SM
28 0O;40 00, 50 00.S0 00; 130,00
From the TUtetgh Standard.
8UFREM E COURT.
In the ease of the University Railroad Com
pany vs. W, W. Holden Opinion by
.-'. Rodman Bond for Pudding new
Railroads declared unconstitutional.
Mandamus dismissed. ' Pon'er of taxation
discussed. Held that the equation in Art.
I. Seo. 5, ' not apply tothfoh debt, or
to debts contracted iu aid of uufiuished
roads. No power to build new roads will
out submitting the VitffUvfl to the people.
No limit to power of Counties to levy tax
es for necessary expenses, designated in
Art. 7. See. Si pr-e?iaed they wbiaia sp
rial law of the Gnentl Aaseuibl v. and they
need not be submitted to a vote of tlie peo
plr. nnsioM or jruTirp. bopuak.
The petition is filed br the University
Railroad Cotnpauy, tlaiibii't? to lie a eorHr
ationi'to compel the Obvernor and Public
Treasurer to issue to it certain bonds of the
Stat" as required by an act of Assembly, rat
ified 'Y)U January Hi:', amended by an act
ratified 1st April. IWiU
The Judge belftwl
granted A peremptory mandamus and the re
The first question is ; Who is the petition
er and has it a leal capacity to possess the
right to dttnand relief of the nature oi tha
prayed fur T
Section 1 of t'..e act ofiWth January 18r.fl
enacts : "That there shall belt -bo-IV corpm -ate
and politic, knowu ns the University
Rnilroad Companyj with comorate powers
and franchises to the same exteu' as nre mi
ses-ed by tne .Nortn Uaruima u nn
Sietnn 2 reqnires 'ha Company - bni'd
Railroad from some poiut on ;:ia Nott'.i Car
olina Railroad to Chapel Hill.
Section 3 "The affairs of said University
Railroad Company shall be inanag.-d by a
Board of five Directors, to be appointed by
the Governor of the State, which hoard shall
out of their number, choose a President,"
Sec. 4. 'The Board of Directors shall sp
point their -officers and lix their compensa
tion, and tlie salary of the President, subject
Mo the approval of the Governor.'
j ejection 5 provides for the issuing, by the
Treimurer of the State, to the I'resineut ol
the Company, of bonds to the amount of
$.100.CW0to be signed by the Governor and
CiuntersiguecVhy tlie Treasurer.
Section G authorizes the Board to make
certrain contracts for building the road, and
for the usa of the rolling stock of the Nortii
I aio l.i. . i Railroad Company.
Seeti-m 7 levies tax olhne htwdredth o
one per et. all the property intbe State to pay
the interest on the bonds. TheNMiiendnieut
wf Ut A ohangei the
number ot ui
Without any minute criticism on this Aet
it may be conceded to tne petitioners that i
effect was to create an inchoate eorporntMin
to consist of certain persons to be named by
the Governor, to act as Ageuts, aud for the
exclusive benefit of tbe Sfte to buildingtb
Railroad, and that on the appointment of
these persous. the corjioriition became per
fect. This cm cession, however, is made
subject tu the consideration whether the per
sons thus to be appointed by the Governor
were n.t public 'officers,' and if so, whether
such appointment was invalid for want of
confirmation by the 8enaronder Art. Ill,
v, . l.ne Const i tut ion.
I rmtede ateo to the petitioners, for the j
sake of the avguu;eut. that publle agenU of
this sort (if rightfully hpyo'inted) may main
tain mandamus against the Governor, to com
pel hi ii to perform tnere ministerial ar.t
necessary tu enable them to perform their
With these concessions there will remain
but two questions preliminary to the consid
eration of the main yuestious In this case.
Tha main onesiions are :
1. As to the constitutionality of the act of
Assembly ia reference to S. S, Art. V. of the
$. Whether ths aet la unconstitutional in
reference to S. 1. Art. V, of the Constitution.
The preliminary questions are :
The Coustituliiiuali'y of the appointment
of the Directors by the Governor without oo)4
firmation by the Senate.
to enforce the performance, is a mere minis
terial one, or one in whiah the GovWnor has
mandamus will not lie.
As to the first preliminary question :
The Constitution. rt. Ill, 8ec. 10. says :
M Tbe flovernor shall nomiuate. and by the
advice of a majority ut the Senators elect, ap-
s.i0t all .dTic. r, f...se ffi.Ni are establish-
fi by ihisCnTistuio. or which shall H
ereated by law, and wlmaa ppnntmeiits are
nt othei wise tiMvlaVd JJr ami no such 4ni
eer shall be appointed or eleeted by the Gen-
em I Assembly." Were the Directors "olfi-
cers " iu the sense or this secumi or me t;on-
Stitutlon T If they were it is ulear they were
created by law subaequeiit to the Cuiistltu -
(hiu ; aus! then the ouly question reiusiulmr
for eoua'dnrHtion uud r tlua head would Im
whether the words "whoae appoiutmvute ana
otherwise provid. d for.'1 mean, wthnrwiae
provided for hv the Constitution, or other -
is" provuled for by the law erentttig thAm.
w- these DiUHptors "oflieers." In 7 Ba
siou's Abridg. Title, officer and officers, p.
880. It Is said : " any man is a pnblie oflioer
who hath any duty eoncerntng the public. "
In W. S. ca. Hartwell. fl Mfall. 385. it is
aid, "An office ia a. public station or ein
pToyiuwnt couferred by the appointment of
government-. The term embraces tbe idaaa
of tenure, duration, emolument and duties;)
and it was held that the eb?rk ot an assistant j benefit. I-admit thafthe net "here enritein
truasurer was au officer within tliw meaning 1 plated to be d.jneia not literally lirohibited,
of a highly penal act. It Stut I r rel. fr Y. j but In my opinion it t)i-ihtbivtI'D: suMfnr-'
vs. Vrm.ft Mew wtntty; C-ifrWS. thts al and reasimaWe mid tbrefWn nfirsary
Court recently had occasion to consider who construction of. the terms used. That cannot
were officer" fifth.' "State iilW Ame-flrlment-
XIV. of the Const tittion of the United Slates.
In that ise the Court, withunt professiug
au exhaustive enuineratlou, iuclu.led under
that definition such iersons as -t i:.d , i .'. keep
ers, hay valuers, entry takers iu pec tors of
flour. Miuuty surveyors, eiHinty triihti'cs. Ac.
But that decisiou pna ed.d unatly upon
thoae persons brine requited by Inw (Kit.
Code, rh 9i) t" take au oath to -up p. it ihe
Constitution of the Uuited States, a ground
which would not be applicable lure. There
aie- however, two sections iu the State Con
stitution from which it may begaihered whaV
kind. of State agents that inatruu cut intend
ed to class us "onWra." Art. XIV. Sec. 5.
sayst "In tha absenee of any contrary pro
ail odieers in this State, whether here
tofore eleeted. or appointed by the (governor,
shall hold their positions onlv until other ap
pointmeuts ar- made by the f-."-rTlJlir." flf
All other officers having bn elsewhere pro
vided for by th Constitution, there was uoth
ing for this section t operate oti, except the
class of State atr- uts to which these dim-tors
be'ong. vix t such as thedirec rs of the sev
eral asylums (Rev. Code- eh. 0) and the
-'tute direct irs in the various banks a.id rail
road Companies in which the Stale had slock :
and we-ttuow. that iu fa-t. it was applied to
these witjiotit auy qur t m of its propriety
Art, XIV. See. 7 says : "No person shall
hold more than one lu r iiive office under the
Sti to at the same time. Provided that officers
In the militia, justices of the i etce. commie.
stouersotpttblic; cbarWc, and eoiuml'Sion-
ers atnxunied f..r siiecia" pnrio-es. s -all not
be oonsldcred offic.-i s. within the mentwng of lul hiju ().. ui Vi.wl flim to hi.MJ).
this section," thereby implying that eoiiiittitt-.Krtit .i. . v tt :,.: .,r rheifafile?
sioners for special unriMises wern "olll
within the meaning of the Coustltuiion els.'
where, and that special words of exclusion
were necessary in the particular case.
Then what is the meaning- of the words.
"unles otherwise provided lor" in section
15 7 It seems clear that they mean "unless
otherwise provided for in the Constitution.'
y?r nearly every offirer the Constitution et
nressly provides the manner of appointment.
duxim irsn.ers seem to nave .preuenuea
that some might havebeen omitted, and there-
f .re jiut in tins geuetiii clause y cover an
others. To read the words ns applying to
the Act of Aaaeiubly creating the office,
would make them useless, tor in the ho-tsim
of all constitutional provision ou the subject,
such would be law. for in such absence the
"4 Geaeeal Assembly iu cre.-iiintr an office, iniuht
snrelv nrescribe how it should ln fidtd.
Moreover this Mental ns would
seem to ne
,' t t-. ,L i i , .l ..l I ....
sueh officei shall I e appointed or elect 'd by
theGe erl Assemblv." we e '-appointed,"
illiw.llliri, riimrii I., mm- ir, o..m
must refer to an appointment by the Govern-
Second preliminary qnestion i Ta the act
whieh Is required V be done a merely miiiis
trhl one? It" Is eouceded that if the respou
deetV may exercise a discretion in respect to
it. its performance cannot be compelled by
nutiAautfta". 'I he act. is merelv ministerial in
its miture; but it seems to me that the time
for its performance Is left dic:e:iimary. It
Will be observed that the lauguiigeoVseCtiou
- r.i . .i .v,,., j Bio, ri. .1
.) of the act of the 30th January, 8t, inot
imperative. It says. "T.i secure tin i comple-
tmn of said road, coupon bonds of the V
are hereby authorized to lie issued." Ste
we give to this word its proper weight, it can
hardly be supposed that the Legislature in
tended to make it imperative us the Govern
or and Treasurer to tsite in one mass bonds
tithe amount of $300,000 immediately on
passage of the act. and without any regard
l . .1 U . . ,1. ... ...,l.l 1... msAA I.
could never have been intended tliat the
State should be thus made the victim of the
ndierof V, all htreef w.thoi t help frtmi any
ipmrier. i n language was. inereiore. pui-
poeelypermissive only, aud the iutention was
that tne fl-nvemor should pur these fejinh on
the market onlvas fuulls laluht be needed fu-
umirier. 1 lie lanumiae was. tiu retore. pur-
X. . - . - ... .
the n.arket onlvas finds miyht
the work of ihe road, ami o'.ly when in his
opinion the pnee ofteren was a reiisonaWe
One. That ilisrretion Imhiis exercised by re
fusing to deliver them at ihjs thnc.
I connlude fVom these considerations, 1st.
That the Directors of the I'liiver-itv Kailmad
Coinpany were such public officers as required j
rouuriiiBiiou o v me iieuuis : ninv ui- p
g. . ,
pouttiweaw naviug ueeujuaue ny tne , win-
. . a 1 ii 1 i
ernor aume are niva.iu. aim mm eoose.-irv-
ly the mclioate corporation cumicmpsai-u "
tne Act Jims not vet IWn i ertted. TiH'iwij- ,
beinir no Nperson in rxtr. entitled, to receive
the bonds spoken of in the Act, the respond- tax Was limited. This proportion ai d this liiu
ents could not lawfully issue them, '.hi '!.- 1 It apply equally to alpfitnte taxi whatever, b 11
That the act to be perfnrmi d was purposely j not with equation -""AS" to some, it is abso
left discretionary as to the time of its perfnr- j lutely miperatiyc; and a tax lalsA contrary to its
mance, anl hence cannot be commanded by i provisions woufd lie voU. As to others, from
tbis court I ''''l,"r J) t"p objeixs ot the tax. and tlnni
. .v a: r .v 1 the nrnTWAb. .rt' the (isnstilution. K seems to
iVS iiieae views u.-. ...x.- m in ,
. . r r .
case, we m.gni ueri.nc ,0 go lunner isw n.
....... -. .. . .
consideration of tbe .nam ouestmnswhich
Bare been arguea. ui aware as we are. 1
that the pnuripal o.Meet ol tins suit was ! ,
obtain thfrtipiniiin ol this eiurtfln.tfM con- j limits nd proportion pn-s. nh-.il, ihen, to be
stitutionality of that part uf the Act of 30th i disyarded; ami of thi- poBiili ty tlte I jirila
Jauuary, IiWP. whimh anthnriaes tho iasue of f nne ninst utTesvirily la the exclusive jc.d.--.
State bonds to build the University Railrua l. The inq riant question isjrb-it are theccp-nn-loo
the constitutional limitof State lasa-4 ibwa tV4 tlie general rule : 1- It stems t me
r . ... . f .1 . i : : i . e . I. . . . . . 1 I ' . ,
ton: and aware also ot the protouuil in'eri. si i
Wfth which both of these questions re regard-
4 1,-r the nmU. irf the Stat., and of tbe im- i
.-.rt-i.t e,.nonenw which will result from
s r--- r- r - - . ... . i
' il.o I V.iirt id n..t illini a' Tin 1 1 '
i . . -iL . ;
om iht.'. - -" " - " ;
it has tortne.1 a neriueo opinion so avoi us
erpreosion and permit the esae to go off on
matters in which, it may he possibly amena-
Tho lrM nf the fwO mun qstesxious meu- ;
tinned above arises under Art. V, See". 5, of
the Constitution. It ia conceded that the
power of the General Assembly to borrow
money to build n railroad la. not prohibited
i ny me nrst clause ol that section ; provided a
J tax be levied In the name bill, and provided
! the constitutional Hmltnttou if tliere lie one
! applicable, is not eyerede.J. Hut th second
j clause forbids the (Jeneral Assembly ' to give
, or lend the credit of the State in aid of aai
j person. asoeintioii or Sorporation, except to
i aid in tlie mph-tion of such raihoiida hs
in.iv be uuliiiislied at the time of the aloptioii
of this Cohstttntioni unless it hoauumltted to
a vote i if the - Mople. It will probably h"
conceded that the clause intended in general
to prohibit I in -credit oft State f oin beinir
l(iveu "In aid" of any new railroad. Hut it
ia contended that here the Stare docs no act
"in aid" 'if any 6 ic. It proposes to K3ifH
the road throutrh its wu ar.-i.ts. entlnely.
with its own merins. and fortrs own excfusire
rlt11Tlt be dnliw jli-
rectly. A prohibition to go oue mile in a
certain direction, is a prohibition to go two;
a-prohibition to i-peud one dollar for n e, r
taiu pui p..-.'. is also a prohibrtion to sprinl
more than j u dollar ; and a prohibitioa to
reuder any aid to auothef in doing a aertaio
act, must by all reawiuab!" rnlee beeHtnied
as a pmhHii'tfin ntriinst d "ug the net ttt all.
In Dwa'rris or Statn'e 7'17 iting Bn run's
Maxims, it is said : If the Statute. I Kd. i,
hud been that he that should steal one horse,
should be ousted of his clergy, then there
had been no q iestlon at all if a man had sto
len more horses than one. hut that he had
leen within the statute, omnc main coitlinet
in se minwi. To hold that when the (Jen
eral Aeettilly is Solemnly prohibited from
j usiiiit the credit of the State in giving ill
slilr..'-t i.lcl to any one else in tiiu 'limldiug
of a railroad it may nevertheless use hut
credit to build the whole road, that lieu it
is forbidden to impose imy part . f the burden
nu the people, it may impose the whole,
would seem. to be the exercise of all UDCom
meiiihible asUttousM to explain away to
nothing solemn language inteuded to be the
bulwark of the people's l ights.
The r ilcs for the construction of statutes fund
the C institution is -ta'utc oi' the highest ulasaj
aro chr mmT "settled'. IT an S'TIioeejiCe t ; the
letter ai.i lead to sit ol surdity, or will detect
the plain iuivuuoti, (he lit. ral ism-iii ection must
l.e depun.st frcii.i, T thi w H knra-n in
stance: A ut;ite ennc. d lh.it sirv pvrson who
draw blood in a publ'c itr - l should lie p:;n'-h-d
eapita'iv ; i ikts. ii waikins in a s r-ct was
wirl. - lo ... .1 f. ti n I .
To illustrate siiil furtlier iJ.e dan isr of a too
liberal cnn. ruc tion : StipT one tlie word "per
son" had been left out i-i the s -oud clanse of
Sec. 5, i-onld tSi Iahl.-iture in thst case have
riven the credit of the State to H single person
in aid ot a IJnilm id? Or, suiukisu tiie wonl
" person ' had l-ecii rt-Uiiucd, and the word ' as
sociation" omitted, could it have given !t to n
partnership of Nercrnl liersons? It will .'.'ar'c'
lv be c it ii e I that file omission of uithi r of
rif tlieac words would wake anv diiicn-ncc in
Uie spirit ami nu.ming of the sccthin, t by a
,:rirtyv n)HSBI .wstmction, the .liflcvnci would
!k. ver. .. t tn ilC 0h , rv. d m., that this
U, nnt a pcnsl stntnte, and, therefore, to he
strictly construed, but one reservina right u-
theiicoplo; nnd Siv. "u of the iK-cUrawm of
Rights prefixed to tie" Con itltutson, ays : ''All
piwers not -herein detsgattll rem.iiu with tho
pesiple;" it must, tlierelciv, leceivc n liberal
coiitrmton to adviince ihc reiiasiv anu sup-
i.r. lli.i mirl.,..l I.i lhi mujn PI K.H 1. new
i ' jifrSiTjf
.ilium- ui- ini. iikir hi Dnvri i.-tw, un-
chief, and the remelv in'eudi-d to lie applied.
The old la here wat tiiat the laiahiUire
coiiiil contract an unlimited State debt, and by-
t;it. aDIJSt. f
power fur sri rk.s pX mttrnul
ihiprovetuenls, threatened the b-.uikruplcv and
dishonor of the Htate, and the ruin thu peos
ple7j"ttte reipi ily intended was to rc-triot the
lKiwtr of the l.'i-l.itui-e to iikiiir debts, and as
t MStbuildhigof rail mails had been Ibe-nm-t fer
tile source of the abuse, to restrict w cspeciany
in reference to that, hv requiring die. pwf-v ion?
K.nciion ot tlie pei-plc.
i 1 '"."; . ''u'!c u r for
Tr the constu.rt.oiiai.t.v.ol t.je Act
ol .5hh .lannarv, lSw), m rcl wnee t. the see-
, (io) of ( n;M-m) M d.. ideens
U) it ai ..ii.,.;;,! , s ,,;,, i of tne
l(iau.ie Article Section siiVs:' "Tlie Omeral A-
I uei.it.lv afiill l..vv n CMi.liiilion laar o:i evcrv
male hdeVulant 'uf the State" between Certain
aiptS, "who-'ii.sluill uu eipml on eac toiliu tax
ou pi op.-i i v valued ar&ft' cash' "d b
,qtite ami t 'oinity capititiiun lux comb iued, sball
never exceed twodollars en the head."' it is
too plain to admit of an argument, that the in
ti nt of this section was to 'establish an iuvart-.
llrt.on between tfie poll tax and, he
and lu.t a, the ;h;wcr h ,n led
0 . , j , ynhllMJ,
Kj - jiy
i f ,,,. ri. ......;.. fnm ...,.h ii,i!
... - ' - ....... B... .. ...........
may be interred from ihe provisions ot the! on
siTtu'Uiiu itselff wiUioutlooKlhg at ihe ii. hat.-- in
invention to which we were referred. The
Constitution admitted to the suffrage a cla-.1 of
tiersons who had never been entitled to it be
fore, equal in uumbcM to abou: om -half of the
fornur voting population, and tills cla- was at
that time slniost mirvcrsally destnute rf prop
erty. It was fr.resecd' as ni Iinst jsisthle nv tl
somewhat uiuiatiir.it lomnricn ol ttung inen
i . i i 1 1 . b; , .iiiit nooov.. I ... ....-v .....
: .. . ., . ........... ... ......
I 1. ,.1,1, 1.. ! ,.,; ,.;.,. ;,, .1
i .MO'tii: uin'iii t4 111 1 -..i 111 im
aln.uld obt.an a majolitv
. M,rlioll ( ,h t. ,,,jc imdeas llmwit:h taxation
1 , ,, vent the c. n i-atioii of
ation of pr.i-rty ly nuni-f
s estaluiieil ; to pr'veut j
1 liei'elM.ri .. iiroiKirtion was
1 ,u. oiires.-ion of innnbtovriv lu-otiertv, the poll
ine 10 ue ihcii iv uinnr. : 11 ai imi . .1.1- ,
, . .
0. u. ,. n.lv nrv fl ;i i. lo.-iv :ui.
, 'au-reiion '.rtc .1,-ishi ure m ;
u SmUshvnmhtl, Wish the
,tta5n,cn, f m.M , ;N,l,e ( onstim-
, th.-sv1 caUi.et be a.;, i ,cl w;thin the
u.iii o.e iui.ir pun. ip.o o.e ...
dcbi which exs-iid t tue n'oeptioii
if the t 'nn-
tiau.m,.amt which wis nox
. Tlie tsiastituti in in re-1
,n ,nr"r "
9. ft : i - a .
le?4ir1v !i tpiintinii
" " . -r... . ' i
r... ... i ho H. I.i .,f ihe Sim.. . . v.. a mai, f.st
..... ,,llM w
intention that what was ihtn owm
. . ,,r. .1 .ail t". i.;.1 ni..1 ti .1, ol.l Ke
ana m,3uv sn jt .houUl not be iu-
ccase1 hir any hut the m.vi ceivsarT imrpww.
(or such s wire supjir. '!
10 tie so. sun 'Don ;
onky tmd r such guards snd restrictions 'as
would, it was believed, siiffiis' to insure c nn
my sod moderation. S i n ti of the I . I n-.i-tion
of I : !.. ruuews the pledge of the Ikitli of
the State to the juiynun' of the uswing debt;
snd See. 4, of Art. V, provides for the prompt
paynu-iit of the interest and the eventual iay
Rseul of the pruicinaldiy a tax on the 1 1
ty uf the State. tVhcn we cousider die iui
ivrtaintv which must nectvsiirilv have uxLted
as to whether taxation within the limits pn
scrilied by Sec. 1 wo ild sufth-u fiir tlie.io clior
ishtsl purism, s, and thut th tax to aflbtt them
i.- lo be laid on property alotie, thernby entire
ly di-rearding the )no)Mirtion eatabtsdled by
Sv. 1 li'tw.-en property and )lls, we are
forcsd to tlie concliiainn that See. 4 was intendeil
to Ik in all respect inslaymaVat of Sue. 1, ii it
should Iu- neis. ary to rend.-r it so, iu order to
give it .hie c(!"et If dire t fleet can be given to
it eniiHesvenliy wilb - tte. assnenil isle of taxa
tion by td saiseraj Ifesnribjrd in See, S, and
with the Hmit jirescribcd iu Sw. I, dicn theje
vi a. ral provisions wire tu be oljsemd : but if
thrtt could not In.- done, then, ou the principle
that a special provision overrides, in the par
fi'tTtsjr as pmrhlc'd1 for,.' at! mcridy 'guu-ral
rotes, tfle gi-ncml nrte must be cirsregaritm. 1
cannot concur, thciefore, with 11jvm'u1 in
hk,.tMaEjujIiL.iujJiijffl; of ,iho word clue
la See. 4 ; la- considers it ns (iihtni-ortinttriiiiu'i-ed
from f iAm ; thut nniv lio its (is-iuiical
and iiMial meaning in Acts ol JJoogress rv latiug
to duties on imported !-..i-. hut in this pl ace
it menus nu rt-ly a tax devoted to the speeitusl
ajypose. The accomplishment of the purposi
pi'.qsueii in Sec., I ihav uol hsjuire auy devi i
tioii from the gi-iieraljmJe of 'uniform ad til, -rem
taxation, nr.rl, thcn fwe, none can lar ad
mitted. .". Sec. 5 permits the Icirilsatupe to ct.ntr.-ict
new UhiV in belialf ol the State: 1st. To sii
piy a casnai ililjcil, or to siipiis iusnrri.i t ion
or inva'Snn, whether the Ismils of the Siate arc
at par or not,' without levying a special la.to
pay the Interest. 2d. l'or the ordinary snd le
gitimate puiiKj.e of Stntu govern incut; if the
bonds arc at pur, wilhout levying a tax to pay
the inf.?reJt ; if th r nre not :;t par, by lev j iic'
suefa a t.ix. Ild. To aid in the ninpletion d
wtch railroMls us were bigpn and nmnhhed at
ihc adqpttiMi of the Constltutiqn. Kor allot h
cr buihotay they are foniidden to contract any
new debt witlsunt antnnittllig the qnestion to
ihc vote of th- people. These objects of ja'r
initUsI tax-afhai are distuigui-hed from i-aej)
'rtlicr lv the chantcttr of the conditions iinpaa
cd on them ien.ctiyelv, and by tlie greater
lit. iiitv wirb which debts may he incurred fur
one of the pnrposes thin for another. T's'ii
prfM invasion, Jit.;., the IjCgULiUtre m iy con
tract a (Wot Ktihuut hsvvuiM a ux to. : ..u
interest; for uiher SaaitlinnTe hut not equally
j.iAiriir nssn of the State (inc! tiding the aid to
unfinished nuiroaditf it cannot. Jtut ll thr.e
objects are eiubracfl In the saaic seHioh, and
as respect i lie t
luiblU(les to coiuu within ihc
limitation inSiJ. L thvy s.ll
ok ration of the
stand on lie.
fis'tiiur. n is( motion in
this respect isiu-ide; if the State cannot exceed
Tuuilaiiun Jbf. oostf. tlie ulijecu, ii lor
anolTicr. Svb can Svureijy euppixj' that the
Constitution inlciali'd to cripple the power of
the I .e-idaturc in borrowing money to sup
press invasion; tlie limit of taxation in:, -hi
iiave been air. idy rcaihed ; nnd in thai case it
would Is" iinpit ihle for ilie State tu borrow, us
it would not tax to pay either the inter, -t or the
principal, ami there fs l:o provision in n. h a
aajse MrJoavine; the iinexthaitu tiie pple-
This eon-id, -ration of u-if will suthte. to prove
mat as to tho taxauon permitted by tins M o
tion, thfe limitation in Ssc. J, is not applicable.
' 2 & ZUs
1 however that in this section.
to) mere is no suen i-onimemt as mere mi m fw.
t, I list the taxiaiscd lor ihe objenu .anbraeal
shall be levied ou property illolie, Oti the
cmtrary, the Legislature is" left at nbertyjtO
levy the (ax ns ii may think best,'1" either on
ptopcrty, or polis, or purchases &c., or on all
combined, subject ouly to tbe qualiucati n
which there is no room to dispense with, that
tbe tax on property shall lie undbnn audio'
mhcrm. 1 am theretbr;- of opinion that tbe
limitation of taxation prescribed by Sec. 1, is
not i;ui. ralive as retilieets taxes laid tut the pur
pose contemplated "in Sirs. 5: that it must of
necessity K eiin.'tn'.- fl as only directory or mon
itory te the Legislature, ami th-u its observance
cannot be eolonxHi by tliecsatrts.
The view which 1 take of the constitutional
powers of the Legls laimc may pdseibly be fln
satisfactonr to ta-o cln "e" o' persons : tii tho.-e
who aru' interested" In the coiisintotion of new
rjuinaiu'-, and to tiiow- who imagine tha; tlie
Cons;!; -a-ion had " imponed as ah. .Jute limit to
taxation lur ai! p-.i,-j--es. I5y tolli it slwiuld be
rewemra-red that it is Mt tne duty or within
the power of tiie Jn.l e of thia l 'oart to make
the law, but suaptv
, , ., I
to ilcci ire ii ns Uiev mnv i
consciously fi,.d it to have ken madehy ii,',- !
UgWative representatives of the people- To f" nw,,ra "r "isieei anu legs, supenuuucea
iir-t crass it may be f urther sVWt .1, that if the I overwork, during the first year of. the laift.
ends -injquBStionamio'. jusceantrr to thcwf&re war, I)urmg all that tiuie,has eompell
ol' tlie State as to make their eon.-trueiion at 1 "d to drag his emaciated frame about, on,
.-hi ti'iie ;ndcr tliepreseni eiri'imi i.n.u,- wi-e .crutclies. fu vain he invoked the best nied
iin.l 'judicious, it it- lib! pj'iiliiiMe tint ii o "people ; ic;i I talent of the country; and visiteo the
will refuse that sanction which they have re- ' most celebratid medicinal Springs. Worn
tained the i jghtto give or refuse, and which if j dow n and exhausted, he gave up all hope of
Kiv n avoids all further ipicstious. To the see- . recovery. At this stage of his case, having
ond clas rpnay-br-sttgesmil, that the attempt to , uw'vonit,j by his medical friends from
limit the Legislative rsiwer c.f taxation In the
power .t taxation m the
manner of this Constitution is allocether novel, j
ai.d if a short i-x i. i i. .ot- has mi. w 11 it U be
wise, il is emitted to the credit xd bi ing origi-
nal; that no constitutional restriction however '
skiilAvLly drawn, can ever form an et'n ciual liax
rier lo lite eltieis of legislative folly or Vv-mdi-ry
; that if legislators necessarily are entrusted
W ith great powers over the estates of their eon
stituenta, tliv- possesj-itm of soeli jsiw;j-siiild
lead to an ilurcaaed en's in Selll lllls I hi III . and
native that by the const hi ction wiiichl have.
endeavored to maintain, ihe two chief uiiim-ls
of the C'Sistitulion in reference to this MtUart
win natc 1 en nttaimsi. tne s.uritv ot the i x-
istuie State ileht, and, exi
er themnsf-ox- i
1 . '
alisoltile anil e. rtaan ,
I,,,,-, 1 1 :, 1 1 ;, , .,
limn i.rirs tmure itMisw. -
f l,ufu miriv.lv ,..f..;.,. .1 r.. ft.
nm. n( f)II,.i,i.-,J k'"j tlie armmnts of!
w,rP TO-aed as possible, ni'Wiie cait
oi ine isMsiiwe priority ot passage ol tax luJls
for purposes not of primary importance, iJVer
wiu. n were, anil ai-11 01 questions whiet
miirht ariM- 111 la-c tlie I e'Klaure i-liouhl w-m-
nmly absorb the full limit of tut-it i m for State i
purposes, having O mar -e. 10 the bounties tor ,
Uieir iittWry objw. These do not natural-
ly arrisc .ait 01 Ui case- un the wise and
CTtSffTSS . V. . ""P-ana .
ZTZT tZrl f ZTZ ion !
IZiZy r'JrL.'u "J; . "T
L.,m.!r ..rrjV UTL?,;C' i
scarcely i"--fftCtiSit smh nmMitais can ever I
arise: it w.aihl be unwise s-d not in confor- '
ntity with tiie practice oi this (o.irt to under- t
take to1 decide thqm in sjlnusna.
lu my opinion tin- itidgnientof the learned !
,rnoTrrfir.imv ?hrmd U- n'vLvd aTTdTlie com-'
plainl disioi sl.
K..gI1-b genniu, latcTy s ,,l.
"arrentoe, V a., lias impnru-d five t.n
. a- - .
u isll X IMUsMlS and l.vn 1.x turn
lleuiy .1 liay motid did aorih $Lr
000 ; a Jittle nv r 000 of which was
in real estate and the balance in nerson-
From tlie Rural New Yorker.
The Improved Kesex la jastly consul
i red one of the most valuable of the
Lnglish breeds of pigs. It was origin
ated by the late Lord Western of Ks
sexshire, and has since bceu cxtenaively
brcd and disseminated by V . Fisher
limbs, who bad unusual facilities for oh
t uiiiing the very best animals, on nliicb
Iu- has maths considerable improvement.
This breed ia said to bavo carried off a
very large proportion of tbe prises at tbe
shows 0 the justly celebrated Stuithfield
This breed was derived from at ems of
na tvo hogs of Esaexslijro with the Nea
politun, they closely resemble the last
nanii d , both in iorm and eolor-, ht havn
better form and size, mqch more bardi
n'ess'and a better constitution.
Stevens, In his "Book of the Farm,"
saya of them ; "As to tho breed that
shows the greatest disposition to fatton,
together with a due proportiou of lean
meat, I never saw one equal to that or
iginated by Lord Western of Essex..
I hey are exceedingly gentle, indisposed
to travel far, could attain, if kept long,
great weight, and are so compact in form
;md-smnll of hone offill, that they inva
riably yield greater weight of pork than
was judged before being slanghtered :
and more delicious ham was never cured
tlinii they afford."
The Essex is usually black, but like
Berkshire, it is not "even "skin, deep,"
the color being entirely confined to th
hair and outer or scarf r km; When
dressed by the nnal mode of scalding
aud scraping the skin is quite white. Tha
rae.it ia of superior quality, the fat being
tirm and the lean tender, fine grained,
and rich in flavor. They also, like the
Uerkshiics, are quite free from cutaneora
diseases, their skin being usually smooth
and healthy, however much they are ex
posed to the sun and mud. Aud as com
naredwith Uio .Suffolk, they attain greater
weight at a year old; but they greatly
reejrnuueihe Suffolk in everything, except
ho -color, are ' more hardy, ana yield a
larger proportion of lean rat at.
The Essex were first brought into gene
ral n.itice in ihe United crtates about tho
y ai- 1858. Wc are greatly indebted to
1 'ol L. (J. Morris of Fordham, Westches.
ler Co., N. flf fur their more general in
troduction, he having made importations
from 18.1 to 1854. And he seems to
have been very fortunate in bis selection
of animals for importation, ns he has im-
ported and bred some of the finest swine
ever exhibited in the United States. His
Berkshire, Suffolks and Essex were in.
variably of the finest quality, and his
stock have poihaps done more to improve
the awiuu of the country than that of
any other breeder or importer.
There have also been sexeral later im
portations of Essev hogs made. Samuel
Thorn of Shorndale, Sir. Brewer of Sta
tcn Island, and Gen. C. S. Waiuwright,
have each made importations of valuable
Essex swino. In the hands of these able
and en ierpiieing breeders the reputation
of this breed has rapidly risen to the
front rank, and is now perhaps as popular
a any of tlo-Mil-ill breeds, wherever in
troduccd and tried.
The sows are prolific breeders, produc
ing large litter?, out are rather indifferent
liidge Farm, III. BsitKSBUtX.
BELIEF for thi; SORELY AFFICTED
It was tho misfortune of the undersigned
. . I. .. .. ..(!..... ..I . f ... !,.... II
it. im. r (.Mliririi, iiiiib r.n. ciiu.-i ru
. - - . . -
""T' f,.,r .n? 8UhWJ years, trom
thp lM.1,ilininff. lM, determined to adoDt a
T7 C9 SJ
method of treatment, the result of his own
reflection, ft is enough to say. that this
method is not so much uew, as it is, the more
skillful application of ,what has been long
known, and attempted by the Fhysicians.
After tome weeks of the most unwearied
and persevering efforts, he was rewarded with
the UMist gratifying results- Indeed, his rap-
Id improvement aud recovery, wn,s alm-'st
I niagie-al so much so. that iu hioking back
fiiHin his C'litditiou a year ago, he can, eveq
; uow, hardly realize the truly wouderful im-
1 ... .... . 'n ...r .i e . uL t....au..
1 niioiiuui Lriait'iui 117. innmiMiraiMuj
, , , -. H, . , , , . ., .
Olessinir. lie H oesirous ol Heine I lie means
.... , , ., ,
..nTdifPislr!g siip'br bi-nefita to those who
may Im similarly t
pr.'oa not only to
mam -r of diseases of the lower extremities.
such as old and ill-conditioned Ulwra of th
Ice's t Varicose Veins : weak nnd elllarid
.loinfis. At., no matter of how long slaniting.
It ig one of the great advantages of his
,,! f treatment, that no resirictnins are
i,)1U(W ,m ,. patient as regards diet, exer
' ana fir thft ,UlUi, nl t. little or 110
nwkjisi:ii ia llsisstl. r.
The eharges shall h m asvmHBO- with
the s enera I depression of the times; and those
rcall v.iiidigeiit. wfH be treated "without mon
J and without price.
Feb. 12 tf
LUNVAIU SILL. M
S-Jl1! ! I"""-KSmSf!f
fiillloff Sale of Land. -1
I) it the house oi V. l'oricr ilral.au
ncair'ltow ;u Mill-, on Satnnlay tu.-iinth ilay of
Auirit tiext,lliv-AI.l Ai;i.h I..VM
ine to said Orahav-
Tim land has la-eu divided intii smaH trait
"SfTAFrabam wilVbepteaiHl to ihvw the laad
to any one wiping t" pOtehOsa.
Terms nasa-SaleiH.-itiv... '..
it. r . mmv. i vm.
july l Id
i..!tfuo.. W T. (irabssi