North Carolina Newspapers

' ' '"'.' 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. VOL. IV INO. 31 V EDUCATIONAL. 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, I Privcipau. 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 advance. 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, I June 23, 18G9. 26 3 m BINGHAM SCHOOL. 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 iU.00andtl5,uV0perHejaionof6iaontna payable 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 class Academy. 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 PltOFKSSIONAL. 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 ; RCfRRBVC'lS. 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. 4-tf joblx . iii;nr,Ko, ATTORXEY & COLXSELLOR AT LAW. SAlilSBUHV, N. C. rWill attend promptly to theCoIlec- trati of Claims 1.1,261 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 Vox- Molo. A -rr J. Fine New Bucy. Apply to WILI.IAH H. BAILET, J.iiy M i' Jiaiissiirj, r LEGAL NOTICES. State of North Carolina, 1IONTGOMBRV COUNTY. 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 them, 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, MONTGOMBRY COUNTY. 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 ) Richardson. I 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 MONTGOMERY COUNTY. In the Superior C'-nrt. Henry W. Ledbetter, Plaintiff, against D.tniel McRn", Deluudant. 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) svttMOirs. K. Nye Hutchison & T. J. Sumner, Plaintiffs. AOAIN.-T 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. AOAINST ' 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 CONTRACT RATES. f S f H 3" 3 K c 5 r 5" 0 i r i SPACE. 1 Squaw. 2 Squares. .'I Squares. 4 Sqna'es. i Coin tn n. i Column. 1 Column. 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 spondents appealed. 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 l.auv" 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 public duties. 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 Constitution. $. 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. a WhrthRTthnaofjshinhltriBoeght 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- ii dee 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- or alone 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 If 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- .m! nereaner. 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, nf ,, 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 ..... : .. . ., . ........... ... ...... wers I 1. ,.1,1, 1.. ! ,.,; ,.;.,. ;,, .1 i .MO'tii: uin'iii t4 111 1 -..i 111 im aln.uld obt.an a majolitv I, datnre. JjMUi . 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 SrSr . Tlie tsiastituti in in re-1 Irx. I. ,n ,nr"r " 9. ft : i - a . Ickertrsntiwtts. 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 ,h 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. true 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 u "; 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 V d 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 tho-c 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 1 .:i. CTtSffTSS . V. . ""P-ana . hopefor.and 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. Iv'IIMVX, J. 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- pi"iv. From tlie Rural New Yorker. ESSEX HOOS. 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 Club, England. 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 nurse's. liidge Farm, III. BsitKSBUtX. isFkoiAL N(7ncE. 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 treat, 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 ,, r nwkjisi:ii ia llsisstl. r. , ,, The eharges shall h m asvmHBO- with the s enera I depression of the times; and those really, ilium rcall v.iiidigeiit. wfH be treated "without mon J and without price. Feb. 12 tf LUNVAIU SILL. M , Sudisbiiry. V 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