r ... -j - r--"
SALISBURY, JV. C, DEC. 3, 18(5.).
Xj 3D "W X
ri'HMrtllED WEEKLY BT
Editor and rjeoprietdr.
HATES UF UHI HIIT
ORTY TUOCtUVD CASKS OF GOODS
were ghipprd from our bouse in una Tea, '
families, clubs, and merchants, in every part
of the country, (ruin Maine to Calilurnia, amount
ingin value to over
ONE MILLION DOLLARS.
Onr f:u' I it ii for transecting t h i immense bu
siness arc better tlian cur Lcloro. We hale
agents in all the principal ritic
Oxe Year, payible lu advance. 00 ( goods from all the Manufacturer, Import
10 Copies to dm luldre,.
COMPOUND OKNTIAN' BLTTKKS,
The Great American Tonic and Di
Recomr ended and prescribed by physician
The "Compound Gentian lliiler-" are mailn
to purchaso f1'"' pu'ert and best Vegetable Tonic and
, Importer. ' Aromatic known to l he profession. They also
. 1 .50 and others, for Oath and often at nn iniuieuM ' contain twentr per cent of
Ri.,50. , saeiiiicc from llie tiiuaj.c of priHluctiuu. ifra- R (J 44- H U
0.11m (Jur stock, consist, in imrt. of the foils, ins
. . . . . MFW : j - w
APPEAL TO TITE PEOPLE OF NORTH
Section I, Chapter 02, Revised Code. The
ilcclion for members to die Rotate and Mouse
of Commons of the General AsseniUy shall be
held for the reepeotirc district and counties at
the place where they are now held or may be
directed hereafter lo be held In the manner as
hereinafter pre rlbed, on the lirsi Thursday in
It was broadly intiai ... .! by leading spirits in August, in the year one thousand tight hundred
ARE WE A KELr-OOVEHXINO PEOPLE, OR SHALL
WE si. rui n okk OCR 1.1 ni l: I t I - TO A DES
the dominant party, during the last session of j and fifty-six, and every two year.-! theruaftcr
On Square, first insertion. .....$1.00
Por each addirfnnat'imertfoti. 30
Spee'ral notice arill be charged 60 per cent
higher than tho above rates.
Court and Justice' Ordera will be publish
ed at tho tame rates with other advertise
ments. Obituary notices, over six liues. charged
goods: Which makes them, beyond all question, lb-
Shawl, Mattel, Quitlt, Cotton. Gingham. DIURETIC in existence; and for Di
Pre Good, Table linen. Ton-els, Hosiery, iresaed Kidneys, Madder and L ntiary Organs,
Coeca, Skirt, UorHU,4x.,Jbc l"r mwemor, equal! Those who
Silver rtaltd Ware. St.onllittdm Xickrl , "T lnw ninere, pw tw nm;wn,K ,rm-
r i s
$2 50 3 75 ijo 00 $6 50 1.1 ltd
o0 0 25 8 50 Kl 00 22.00
' 0 00 12 00 20 00! moo
8 00 1 1 0O 15 Xt!25 00 :i7.50
1 1 00 Hi 0O 20 (Ml :t (JO 45.00
IS 00 24 00 .) 00 45 00 75.00
tfrt 00 40 (( 5t) 00 80 00 130,00
JtRSK. L1.NI FOR SALE.
The SUBSCRIBER ( SVrs for sale that Tal
uab e fsnn in llie Jersey Settlement of David
son County, known as "THE THAI.ES MC
DONALD' PLACE " Said farm lie inimedt.
atcly on tlie Yadkin River, j m below the Tra
ding Foar.l, and (n both sidee of the N. C.
Eaiiroa-i three-fourtlia of a mile from the !Io!t
bng Depot. Tl.is fa;m contains about SCO
a:res, about sixty a.res of which iaexcellent
River Bettcm and the rcmaoider good Jersey
uplands.. A large part of it is auii to k!.
and heavily timbered.
Toe farm is in a liinh rtate of enkieation.
well watered and stot:ked with Well disposed
and contented tonanta It ie well adapted to
the growth of Cotton and Giain, and ia, atto
ceii.eri one of th moat vaUiable and deKirablu
lesueu.'-irtTtrfnirca-anixtuvimo i tt-mrex of .n-f
dution's Hiids,cif America as ruppiementa, and
other fine engraving in each number. The .W
remWr and December numbers free to new suli-ecriltcr-.
The most instructive, entertainirg, nr.d 1 est
Juvenile Magi.iine comprises 'numerous and
novel lectures that are peculiarly its own, and
entirely free from thegrobs exaggerations ko
common to juvenile litcraturt. Our monthly
Young A morion presents the linest colored nnil
other engravings, the best stories, puzzles, prizes
music, Afid a host of H9 w and interesting mu!j
jerts that will not only secure the attention of
Jt and (iirls, but serve to purify and elevate
their minds, communicate much vluable infor
mation, and prove a well-spring of pleasure in
Yearly mbseription j' -S," with rtpo d Micro
ecope, or a pearl-handle Pocket-Knife, er a beau
tiful Book, as premium to each subscriber, and
rpiendid premiums given for clubs.
W. JENNIN'fJS DEMOBEST,
S:W Broadway, N. Y.
Specimen cpies, with circulars, uiailtd free
on receipt of ten cents.
New subscribers sending in before the first r,f
January next will receive the xovembcr and
D-vciuiier numbers free.
Silver, hettrt Fork, five bottle vUled Cantor.
irittama Ware, Glut Waif, fublt and Poeket
Cutlery, in great variety.
Elegant French and Qern.an Faney Good
Beautiful I'hotoyraph Album, the newest and
choicest styles in Moroco and Velvet bindings.
Marroceo Travelling Hig, Handkerchief and
Glove lioxe. t.
Gold and I 'la ltd Jetvelry, of theneireet ityle.
Wo have also made arrangement with some
of the leadini; Publishing Houses, that will ena
ble us to sell the F'andard and latest works of
popular authors at about ore-half the regular
price: such as Bvaox. Moork, HfRSS, Mil.
ton, and Tkxxysox's Works, in full (jilt and
Cloth Bindings, and hundreds of olborn.
These and everything else for
Oee Dollar for each Article.
Wo do not otTt r a single article of merchan
dise, that can be sold by regular dealers at otir
price. We do not ask yim to buy goods from
us unless we can rell them cheaper than you
can obtain them iu any other way; while tho
greater part of our goods are sold at aliout
One half the Itequhtr Hate.
Wo want good reliable agents in every part
of the Country, Bv cmplovinaaour spare tune
to form clubs and sending us Aders, you can
will in every case find them a safe, pleasant,
speedy ana effect ual Remedy.
Trey are a sine preventive and cure for
Chills and Fever, and all Malarial Dieeasea I
blCK-H E A DACHE,
Diseases of Kidneys, Gravel, he, and every
Dieae requiring a general Tonic impression.
-if Kot Diaeaaes peculiar to Females it is
almost a specific.
I convalescence from T p'.-.i i ai4
other low forms of Fevei it is the very best
Tonic that can be used.
The Compound Gentian Bitters Aieet with
umveisal favor, anil have received l he strong
est testimonials ever given to any medicine, a
few of which we append below:
This Ts To certify that I have UseJ Dr.vGqd
din's Compound Gentian Bitters and cheerful
ly recommend it as the very beat Bitters that
uie i.irisiHiure, mat ttiat body wotua declare
itself elected for four yours, instead of two, and
that it would eontinue t;j make lavs, Jevytaxe .
eleel United States Senators, and iKjrfo'rm the-
which this pr. .s,-. impudent usurpation Is ba
sed to iU logical e, .ii- ;ie-nee- It rosulUi in a j
erM'lual legislative body, independent of the
people, ami responsible v no one l.nt to it I
member for their conduct. It is obvious that
by the "first ensuing regular election" is meant
the first Thursday in August, 1818. This sec
tion is less explicit than the others to which we
have draw n attention : but is it not inconsistent
witn ttiem, ar.it cannot ! so construed as to
other high functions belonging to the General ' not rermgnant totiifs Constitution or lo the Om
Assembly under the Constitution, until the year stitntiou and laws of the Lnited States slull be
'.f grace, 1S72. Improhxole as this high-hand- . in force until lav. folly altered,
ed usurpation s emed to le at the time, it is now I It in fairto prcsunie !. ,, die ili section of
sa4sHM toe eertaiutv that il is nieditalui bv m. I the aemrul Ariiele of tl 1 --ujitntinn ,-,.r.. ...
larae party in the Legislature, anil out of it : tin's statute, when it nanus, the "AW r,.l
1 J !. l: J. .1. " i .i i . . . . .
.mo it is nigii iiinu ii. e peopie were moviiii;, u , election. in tins view ol the ease, which
l ull validil v is given to this section of the
l(l'Vssl l (Mil- IV till' lotloWlllff ScctlOll of llie ' overllimu the Li. on'i ,! el.im,.,. of ll, t ...rl
new Coii.titutioii : i isture. nor to take wv from the oeoulc the
.,v. , , . ic o, .oriu v aroniia ! nuru 01 noimnj an election on the lirt imirs-
they wmild defeat the treasonable combination
for their enslavement. Public meetings should
immediately be held in every county and neigh
borhood included within the broad circumfer
ence of die State, and the conspirator should lie
made to feel by anticipation, t merited pun
ishioenjt of their crime.
Tliat all the people may see the We-facct! im
pudence and audacity of this attempt to trample
on the their right, ami aawrp their srovcrnment
for an indefinite per e si oi" aiuie, we have made
the following analysis of the constitutional pro
visions relating to the tenure of legislative imiw
er. It will amaae honnt citizens, wiio hud no
opportunity to examine the subject, that any man
or set of men in this enlightened day dare to
come forward with such a proposition. The
plainest and fairest statement f the case will
suffice to amuae the public indignation to a de-
conciles an apparent inconsistency hi the Con
dilution, llie hrst Thursday in August, 18S,
was intended to be indiatcd, a tho "first regular
eleetion." It Imrmouiies all mrt of the Con
stitution, and explains it iu the nente it was pnt
Iwfore Uie peopl.-, advocated by it frameiw, and
understood by the people, h therefore, c.ns.i
tute the true olntion of the anthiguitv.
It will be urd that the constitution authori
ses the General Assembly to "change the time
of 'hoi. titer tl. .1,-,-t.oi,, bt it.:- ran only im
ply a power to designate one day in preference
to another, aiAta tie earn year ; for the same
clause provide that an election shall be held
"on the first Thursday in August oije thousand
eight hundred and seveutv, uaJr- ry too years
The following clauses have already been cx
poundtsl by the court, and their ruling is wliol-
gree which no other event in the history of the i ly inoonsisted with the uauriMtion theorv.
State has done. We hesitate not to av that the 1 See. 20, Art VI Judiciary The Justicd of
Cash or ZWerchaadiae.eoil all i- I - sent
A splendid prize for Uie ladies. ITie finest,
most pleasing and costly Parlor Engraving ever,
published in America presented a; a premium
to each subscrilier.
Jhei Useful, the Entertaining, and th?
Beautiful. 'Die Model Magatine of
Dr-morcst'a Illustrated Monthly
THE USEFUL in Demorost's Monthly com
j.risi - die UUlitic of Faohion in Ladie' and
Children1 dress, Including full-sire Fashionable
Patterns, colored Steel Plates, etc.; Gardening,
both tin ful and ornamental, iiaptcd to Ladies:
Model Cottage, widi their surroundings; ana
Home Matters in alt their deiartBients.
THE ENTERTAINING romprisesOrlginal
Stories and Poems bv the best authors, Spicy
Jeems, Popular MtWc by the bent composers,
THE BEAUTIFUL comprises numerous ilr
lostnitions, in the highest style of art, printed
on the finest calendered paper, in Ihe best man
ner, got up in a style to form a splendid volume
for binding at the end of the yeir, and altogeth
er, a monthly visitor that no lady of taste or
economical housewife can afford to do without.
Yearly 8nbcriition, only $.'.00 with the
finest, largest, awl most pleasing engraving ever
finished in America, and richlv worth J 10, en
titled "The Pic-Nic on the Fourth of July,"
ariven as a premium to each subscriber, and
vplendid premiums for cltilw. Addreaa
DKMORnrrV Moktiilt Maoaukr,
838 Broadway, N. Y.
'hen cnt by mail, the postage on the En
graving, ten cents, most be Included.
Specimen copies of the magazitie with eirru
ln, mailed free, on receipt of fifteen cents.
Something Xrtc and I'rry Desirable.
Kcw II, v ie flood with 1 k and MMnrted f si er-
J candy, and every b ft sviil give.yon a n a
raio' fJold aoS Ivr Wai. lns Watch
(Jliiin. Hemes' an lt;ei!' It reset fins.
Sleeve Bnti ue. tii(l.-ijir lii-e.
' - c
THEY lU-TAiL AT 25" CtN
by us will be as represented, ami we guarantee
satisfaction to every one dealing withotirhouse.
Agents should collect ten tollU from each
cn stumer and forward lo us in advance, for De
scriptive Checks of tho gotsls wo sell.
Ti e holders of ti e Checks have the privilege
of either purchasing the article thereon devrtlr
ed, or of exchanging for any article mentioned
on our Catalogue, numbering over 3T0 different
articles : not one of which can be purchased iu
the usunl way for the satn money.
The advantage of first sending for Cheeks
are these : We are constantly buying small lots
orrery valuable goods, which are not on our
catalogues, and for which we issue checks till
This offer-is more especially to sist Agents
in the Western and Southern States. but n open
to all customer.
Agor.ts will he paid ten per cent, in Cah or
Merchandise, when they till up tlu-ir enrw
etuli, tor which below we give a partial Lint of
Sor an order of 930, from a clnb of
Thirty, we will pay the Agent, as commission,
2 yds. Drown or Dlcached Sheeting, Good
Kress Pattern, Wool Square Shawl, French
Camirre Pants and Vest Pultrfti, Fine large
White Counterpane, etc., etc.. or $:! 00 in cash
For an order of 950, from a dub of
Filly, we will pay the Agent, as Commission,
45 yds. sheeting, one pair of lieaw wool blan
kets puplin dress pattern, handsome wool
j square snnwt silver-case wiucii, etc., etc., or
fci.no in cash.
For an order of $100 from a club of
One Hundred, we will pay the agent, as com
mission, 100 yds. of good yard-wide Sheeting.
Coin-Silver Hunting Case" Watch, Kicb Long
Wool Shawl, Suit of all Wool French Cash
mere, etc.. etc., or $10 in cash.
We do licit employ itty travelling agents, and
customers should not pay money to person
purporting to be our agents, unlets pertmetltf,
Send Money always by egistcr
For further particular cnd for Catalogues,
FARES R CO.,
99 fc 100 Sumner St., Ration. Attte.
Oct. .r, J86'.l. 41-ly
1 1 can be used for ordinary debility, siek stomach
t Jt,.. I 11 11 II T If It
5e. E. M. HOLT. M. D
Lipscomb, O ange co, N. C, .May 16, G'J
I hereby oerfify that I have been uing Dr.
Goddin's "Compound Gentian lit'ters,' lor
C' gh, General Debility, efce. and I am fully
satislied that they are thebest Lhtiers of which
I have any knowledge, and ihe best Tonic of
fered to the American people.
KOI! T Y. SL ATER.
Henrico county, Vap, June 2, 13i9.
Dr. Godiiir : Dear Sir: I have been suffer
ing for twenty years with an affection of the
kidneys, prostrate gland arid stricture of the
iiteioin; itnve oeeu uuuer uiv iieaiiiiciu oi ,
' JAMfcs'T. WHiOl.VS,
J'roprietary Wholesale Agent,
For tale by Dr, G. B. Poulson, Salis
bury. N C. 38 tf
jeci matter, nun reterenee to wlncli the expres
sions are used : that the e.T.s t anil conmsinenen
siK'ceas of Ibe scheme would be the overthrow of I the Supreme ourt shall be elected bv the oual- of a particular construction is Ito be examined.
i; i.i:. ... , : .i i i :.i . . . . 1 . .
i nuii. koi i-i oiiieui in no- oiuie, aim uie , iuiu wiui ... ure aif, as pr.ivi.icu lor tm i occausc, ii a literal nieanui" wouiq involve
L:....l. .. :, i i i . t e.-i .. t i . l . . ,.i ,. . . .
day of August, 1870, which is explicitly given
in the ?9th section. Taken iu connection with
the clause quoted from the Kevised Code, it i
entirely cmsisuiiit with the other Dart of the
On this qitentinp of Oonstrrutional wnsirvie
tion, Judge Story, in his Commentaries on the
Constitution of the I'uited Mates, lay down the
rule as follows:
" J ne first and fundamental rule in the inter
pretation of al instrument is, to contrue them
according to the sense of the terms, and the in
tention of the parties. Mr. Justice Illackstone
ha remarked, that the intention of a law is to
be gathered from the words, the context, the
subject-matter, the effeots and consequence, or
the reason and spirit of the law. He L-oes on to I atiest of the Senate, after much hesitation, cx
justify the remark by elating, that word are , pressed an opinion, iu rcquard lo theqnnlinca
.......... I ) ... l, nitu.iMil E , I. .t 1 1 e . .1... l. .i. . i
ua i f -in... uuwever, waa um omy
1 1 ons after the first Thursday In August, 1870.
Out the question ha already bean settled by
the Court tint it will not, arid cannot legally
S've opinions except in case "constituted ' bo
re It, and we have done injustice to it by sup
posing for a moment, that it will aire an opin
ion In the premise, as the following letter frosB
Judge Pearson will show;
BrraKME Comrr Room, )
Raleigh, N. C., Feb. 'bU
To the Hoi. T. R. CuArWf, Lieaf. Governor,
daiul tU Hon. J. Y. ILiLUu. Spvaker, dx:
I hare the honor to acknowledge the receipt
of your letter, with the accompanying resolution
of the General-As-emMy, requeeilng the Su
preme Court to rive il opinion, la regard to tha
validity of the Ifomestcad exemption, against
debt contracted prior to the raiiticatioti. ui uu
With every disposition to comply with any
request of the honorable iiodica over which you
preside, the view of which the Justices of "the
Court take of their Coi.stitutional duties forbid
them from doing o in this inlam. The func
tions of the Court are restricted to eius ooasiU -luted
before It. We are not at liberty to pre
judge question of law.
In the contested election between Waddell
and Berry, the Judge of the Court, on the i..-
generally lo lie understood in their usual and
most known signification, not so much regarding
the propriety of grammar, us their general and
popular use ; that if words happen to be du
bious, their meaning may be established by the
context, or by comparing them with other words
ami sentences in the same instrument : that il
lustration msv lie further derived from the sub-
FOR HttONUHlAL AM) LIVER DI
SKASES read the folic wine:
ThoaissH. Halney. Es . flranville eo.. N. C.
says: -I fiml ymir Kills to te the het family m-JI-r.m
i I, jive e.er im-l. Ttiev bate asovad vervben-
etirial Id my own car. I have heen very much sf- i bers of the House of Itepresentalives shall com
tlirted BirBPeen years, and have tried every kiiol of i menee at the time of their election : and the
taeeV-jft that I rnald get. but have fminil more re
m , ,. . ... A: . . !
iter irnm ynar i-ius inan bii uiurrs
sulistitution in it place, of a de-uieuble otigar
city, comiiosed of the worst demagogic- that
ever reveled in the misfortunes of mankind.
The following quotations from the Constitu
tion, framed by the men who now propose to
overthrow it, will make plain the treasonable
character of their scheme :
Section 3d, of Article H, is in these words:
"The Senate shall be composed of fifty Senators
biennially chosen by ballot.''
See. 6, is as follows: "The House of Repre
sentatives shall le compesed of one hundred and
twenty Kcprcscntalives, btentuaily chosen bv
The 20th Section is as follows: "The election
for member of the General Assembly shall be
held for the respective districts, and counties, at
the places where they are now held, or may be
directed hereafter to be held, in snch manner as
may be prescribed by law, oa lit iret ThurmLiu..
in .-lteriV, tn the year one themmnd ei'jht b -wired
tuccfjM i 7, ore eC-trd at a reindar eleetion."
It thus appears that lite Legislature i to he
elected biennially, that the first remd ir election Is
to lake place on the "ftr Thursday in Aug!, in
the year one thoutand ci;;ht hnmlveit and eei enty
04, and ibat ihe legislature now in lieing which
waselecteil in April 1H6H, at an irregtdar elec
tion, "shall hold their seat- until their succes
sor are elected at a reanlar eleetion ;" vis : until
election of mcmlicr lo the General Assemble, manifest alfurdiiv, it ought not to be aduuted :
They sliail hold their oili'-e for eight vears. ' and that t!ie reason and spirit of the law, or the
The Jud;;e-- of t!ic HiMH-rior Courts s,nl be I causes which led to its enactment, are often the
elected in lilce manner, ami shaB.Iiold their of l st expniienl of the fifus, and limit their ap
fHtes for eiglit ymrs. Itut the Judges of the Su- plication. ' The nde
jK-rior Courts elected at the hrst election under
th Constitution; -shall, alter their election, un
der the s'.iperintcivicnce of the Justices of the
Supreme Court, le divided by lot into twoetiual
classes, one of which chall hold ofE-c for four
years ihe othtr for eight vears.
Sec. 3J, Art. IV. The omorrs el.eUsl at she i dont mischiefs, fr m known habils,
first election, held under this Constitution, shall i institutions, and from oilier sorv
iioiu incir i .ti. . - iur me lerui prescrtbetl for
them respectively, ilex! ensuing after the next I
regular ehe!i,,n for members of the General As- j
serublv. Rut their terms shall begin tijior. the
approval of ibis Constitution by the Congress oft
the United States.
then adopted are to construe the words accord
ing to the subject matter, in such a sense as to
produce a reasonnble etfect, and wilh reference
to the circumstances of the pe tiliar '.ranact kin
Light may ai. lie obtained in such ease frcru
cotemporsry fart, or exposition, from eiitcce-
tn inner nud
s ai:uo-t in
which ma v justly afleet the judgment
a fit conclusion in the particular
It is msuilesf that these rules of Constitution'
al construction !ai.I down be Story '.and Illack
stone are wholly incompatible with the theory
would have dated the regular terms of the
i."n from the iirst Thursday in August 1872.
in not merely four months, but
sir month"; ami the class hav-
Sr-irSn,-.. Watts. Cannon. Henrv. .loops ami
Mitchell, shall hold their ofliecs for eight years.
Now if the Jnf icci of the Supreme Court had
understood the Consti'-itinn a the I 'surfers ilo.
iiro veal iu
the alxivc named first Thursday in Angiwt, one j in? the short term would have been declared
thousand eight hundred and neventy. eiecieu lor ;x year? anil inose oi me long icrm
The framer of our Constitution will not be for ten year,
regarded by posterity a masters of style in com- Hut this ts not all. The Governor and all the
position, bilt it is due to them to say,' that iu this State officers would be entitled tititlcr this olhid
instance at least, they have made themselves section of the IV Article lo held over frtr terra
well mid. Mood. We undertake to say that j of six years. At this rate, and the inference is
honest minds can have no two opinion in the i logical from the premises laid down by ihe
premises, and that it wifl be a dangerous cxper- j tirper. this scheme of holding over by the
iment for the present legislature lo bold over Legislature is a conspiracy to overturn Ueptib
loneer than two years and three or foor mouths i Ik-an institution in North Carolina, and to es-
It will be sii-n that all oCiceraeleciedin April i of the l.'surp.-r. Gathering the intention of
l?iii!UttfcU4f and the "effect and
four years, and the other cliiss embracing Messrs. ' consequence'' arc, the betrayal and overthrow of
poiiui.w government, uv an uitlieard ot, on.
purely fraudulent interpretation of the Consti
tution. We tiro told by Judare Story, as quoted above,
that "light may also be obtained in such rases
fron contemporary facts, Ac. New, what are
those fact? H.is any one of the fraudulent
I'usurpers tiie hardihood to pretend tliat he or
anv one else in the State of North Carolina,
instance in which it was ever done : and it was
put en the ground tliat the question could not
corns before the I ourt in a judicial form. The
questions set out in the resolutions under con--idcration,
not only mav, but in all probability
will come before us for decision.
(Signed,) R. M PEARSON.
The majority In th Senate must be a'lliced
with short memmories, or thev must be the
most importunately inquisitive body of legisla
te -s that ever met in council ; else how could
i hey have addressed another resolution of ui.
nniry to the Court, upon a made up case, after
litis answer from llie Chief Justice f It cannot
pretended that the validity of the proposed
action of the legislature can never become a
icthject of ordinary litigation ; because it i
manifest that the p op!,, will not tamely submit
to be taxed by a set of irresponsible Usurper.
The first appeal fiom the tyranny of the usur
pers would lie to the Courts when the right of
the present body to hold over for four year
would be the turning point, and the sole issue.
In this connection it is proper to add, sinco
the I -neper- attempt to cover their fraud by a
verbal ambiguity, to analyre still more closely
the cianse on which they rely. For thi pur
pose, nud to have it before the eve of the reader,
we quote it a second time as follows;
"Tim terse--f C--, . . "v.
over, and the result was oflicialy declared. That
(lection was held under the Reconstruction acta
of Congress, which provided for it, regulated it
condition, declared who might vote, and who
should not ; and those acts excluded from the
polls thousands of eilixens who were ttifraiich.
chi-ed by Ihe Constitution, which was that day
ratified. The truth is that the Reuaasti iicfwn
act provided oulv for an election to ratify the
Constitution ; and merely permitted the states
to elect their leclslators on the same day. Cer-
pnor to the ratification of the constitution, told j tain parties in the Convention were constrained
against tneir wins, lo admit me principle oi
for which thev were elected.
It is said the friends of the propouRu' usurpa- i
tion base their claims to a four year's lease of J
power on the twenty tcvenih section of article Ii. 1
It is a follows:
1 he t-rms of onicc for ?cntori and mem
Mv -disease i
bronchial smirtUin. snd romplete proatrat-oa of
tli nervous system. I hsve used them In ten or fif
teen case in my fiimily. anil lad tlirm to be tin very
medicine for nearly all family diseases "
The Cure Is Thorough.
Kennsth Hsynes. K.-q. . fieri ol rcilunibnscoooty
roait. writes (April 3, IH63:I "During the Isiter
term of office, of those elected at the first elec
tion held under ibis Constitution shall terminate
at the same time a if they had been elected at
Ihe first ensuing regular flection.''
It is pretended thai (his section confers upon
the members of the present Legislature the right
to hold over as if they were elected on the first
Thursday in Aueut. IS70: that being, as it as
sumed, the period for the "first regulareleelion."
tahlisit an oligarchy, irrespons.!.!." io the iieoi !c.
It will be carried inoi cfiirt, n "mil tint, on the
Nspdeonic model ; and if not defeated now. be
fore it is consummated, there will be left only
the alternative of submission to slavery, the
siarery tf all c'-'-aes or revolution. It is tin
easier and biMter way for the ps'oplc to let the
tvrants know in advance ibat thev will not sub
mit lo the usurpation.
the people that the legislature first elected
April would hold over for lour years:
I)!d there exist any reason for giving so much
power to that body ? Is it usual or reasonable
nay, is there a single precedent for such n thing!
It is within the recollection of every citizen,
and the published controversies regarding the
Constitution, will stilistantiate the fact, that r.o
such declaration was made by any friend to its
ratification ; nor did its enemies, in their not
over charitable criticisms of the instrument, find
in it anv ground to siuqiccl that its framer
could place that fraudulent interpretation upon
it. The attempt to hold over for four years,
therefore, liesiilcs being a high-handed usurpa
tion, amounting to treason, and bringing with It
all the pains and penalties of treason, would be
n fraud upon the pisiplc, as base and infamous in
GEORGE MILLER & SON,
GlGMarkU Street, Philadelphia, Pcnn.
and so'.J by Coafectloaers and c-u-u (errs ev
Tin il. ,vr. 1 i'-r ttijske i-onfe-.tioncry crsit
fist iue tra.'c 'e ds".-! t.. lors-nl UWir et.ieis at
imre. V. i. raili',11 ci-ir fr!. ii !-to l nn1 ,f ..rili
les.. Imitit' liie lt.ui Tea 1eln; llieorig.aal Isia.
Ita maiiilarl of wait I !.aO 'js U asiLtiinei!.
. a . i "
State of Worth Carolina, (
A l.l-.X A N Milt COUNTY, $
Supei tor Court.
E.Imund Kerley, a. It. .in sti tor of Alfred r-
i idaon, 1
Iae Rusell and wife Elizabeth, Q. W. Sweet
and wife Cynthia, Ruliett Lowe aad wile
Siimii, John Davnlson, Maigaret A. Kerley,
William bndoii John P. Davi.Kin, Dan'l.
R. Dsvidnon, liuhlah Davidson, Jane David
ton and William Davidson, liens at law of
Ret i L '!v:dson.
To William'Davhleon, one of the defendants
above named, a uon-reeidejit.
You are .hereby notified, that a summon, in
the above entitled case, has issued against yon,
nd the complaint therein, wss filed in the Su
rrior (Joint of Alexandei 'Jcuiily, on the 17lh
of August 1S00.
Von are also notified, that the s -timons in
the case ia returnable to ihe nexl term of the
Superior Court aforesaid, to be held at the
Court Ifonse in Taylorsvtlle, n'n the 2oih.lay
of Di-ecm. -er next, when and where yon ate
hereby required !o appear and answVr the
-omplaint in defunil wlicieot the pliintiff
will ap4y to a d iJourt f.f tlu- relief demand
id in the e--ii.pl.oiiL .
WitneW. IL il. Sicviisi.- C" ' -of ihsaaM
eiupei ior Court at at TavlorsviiU-, the 3d M. n
lay ia August WW.
K ti FTKVKNS IS,
Clerk Supeiior 'Ujaii Ab-xandir County.
14 6 :(,'.r fee $ 1 0)
O N W A R D :U PW A RdT"
Having met with ncc-a. fr beyond oarexpee-
tu lor piiic.es-. on ol IB
('II ARLOTTK OBSERVER,
we tak thi mstuod nf ofiVrlrgoer psf era,
Dail-T, TBI-WKEKI.Y, ASV WCKKLT,
tie smong the adjfe'Urln mcUura in Western
great relief. 1 continned to ne the Pills for two
wesVs, and 'have not stflTered from liver disease
since . I have rfecninmended them accordingly, and
several persons sre in went qf tiem .
All discus-is an enemv to tliv human system, anil
la at war with it nd wilf conquer it. unless rtstnre.
with sll the assistant" it esn receive from strengtli
enins medicine and suitable nnurislimenU, esn
... ..ft i.. . ... iu.;.. I u.uo IHii 1-,-t a-iti.
diseasedlivsrsndiasny night while in bed the pain ! Itut if that day should become, a in fact the I composed of one hundred and twenty Reprcscn
would becoawao excruciating that I wascoinslled j Constitution reciilires, the first regular election, t tatives, nienmalty etioscn oy liailot.
to get out ol bid and it npjuilil the pain woeM and jf the preent body should, as is proposed,
subside. I procured s few hoxesof tit SOI fHKIt.N ... Mi, ,i.t d.ii i,.
hm legislature in being al one and the same
time. - ,
I t)n Ihe otler hand, if, in conepicnce of the
j holding over .of the presefit hodjE, M election
should in fact he held on the first 1 htirsslay in
August, 1870, that wilt not be "the first ensuing
regular election'' referred to in Ihe twenty-sev-
.Summinir tin the anrument on each side and ! it character, as il would be stupendous, and di
giving to them respectively their due weight we sasirous in its consciiucocos to all engagwl in it.
nave ihe following results': The proposition which has beer adopted in
On the 'idc of ihe oeople, there are the expli- u' Senate, to refer the qneetinsi of the term of
cit constitutional provisions, viz : I office of the present Legwattire to the Supreme
1st. "The S n.ite rhnlf be composed of fifty 1 Umtt, if n absurdity in everv point of view,
Scnntors biennially chosen bv ballot." " and is derogatory to the honor and dignity of
Jnd. I he House of Kepreseiitntire -shall lie "e isxiy. iirsane oi mose nasiy reaoiuiHsns,
universal white suflVage into Uie Constitution
and they sought a partial indemnity by ordering
an election for all state officers. Assembly-men,
and CoiigresH-men on the same day, by thi)
Registered voters; this was done because that
Kegistrat ion excluded many of the most intel
ligent men in the state. Rut by defrauding
these voters at that time, they stripped their pres
ent fraud of its poor disguise; since the election
of April !3d was not held uuder the constitu
tion, but under tin Act of Congress, inconsistent
with that constitution. Thus "vaulting amhi
tion o'erleaps itself," and the first fraud fore
stalls the second. It follows therefore, Xhat
whatever construction lie given to the 27th" sec
tion last quoted, it will not avail to sanction the
scheme of the Usurpers, since the election in
April 18GS was not "held under tne constitu
tion," We warn all parties concerned, that whoever
conspires, aids or abet in thi high handed
measure, will be guilty of the crime of treasona
ble usurpation and will subject himnelf to con
dign punishment for the same. To usurp legis
lative powers by a liorly ol men wiirajt U TI M
....... ..,!. ..,.,.,, ui.,,-!, wnnirl h l.t in tkr I eiun "eciion oi me ecowi nmcie uisjii -men
mediein br fore you get sick, lo pievent icrnH or ! the I'surpers rely-indeed, it will lie no election
to take mediciue after von gel sick to cieiciie. ; at all and there will exist the same pretense
fjr S word to the wise is ct .h r
for holding over six years, that now exists
Exercise your own indgniiu t in llie wans of de- i a, (k rwl ! r ,-..rs ibe ,-,me HifTien!
Rtns; meeneay win come, ne ye sum r-oj 1 1. mtwM exist the same want of "a regular
. mm a i w . n . , ,
Kan aouuieiu aavpeiuo ruu,
That "Id, lung knnwu and tctll tried remedy
for all llilion ditsate. caiwfdby a '
TO A I.I. KMIiiBAXTS. Yon sre about to inke
a home bryooits'lf ami family n a climate widen
you or thev liavf not lieen aycnstomeil to : you will,
of course. I.- f ' I I" Oil the diseases peculiar f
that climate yan sboiil4we c ireful ti use i.uch Med
icine as are adapted to the1 diseases of that climstet
ou will aa4 the greatest security iu the nse ol'
HEms MsWTiintN iiErsric i ili..
3rd. "The election for members of one kin
dred and twenty Representatives, biennially cho
sen bv ballot.
;lrd. "The election for member of tlie Gen
eral Assembly shall lie held for the respective
district and counties at the place where they
arc now held, or mar be directed hereaftertobo
held, in such manner a' may be prcseribed by !
law, on the, first Ttiurwliiy in August in the year j
one thousand eight hundred ami seven:;.-, and
everv two years thereafter."
4ih. The cla-r e of the Revised r'ede 'tttoted
tor above, and made vaii.l iy the new Cnmvtitiition, ,
which should not merely be repealed; it should j office ha expired, is to overturn (lie riat' .
I I f . L " .. T ,. 1 ...... J . I . I. . , ,
oe eip ingi.. irom tno reccru, .i ine Leguature piiiuoou ana goveriiiueni ; nun uif i. i,
. -. -. . i . . . m ; .- i .i.. I -i. .. .
maintnin its position as a co-ordinate branch of
the liovernment. We venture to say, that no
shell Weak surrender of jnrisdicion wa ever
before made by the rpr&entatives of tho peo
ple, since they lieoame masters of their own
actions. There is not a shadow of Constitutional
authority for the procedure. The jurisdiction
of the Supreme Court is defined ana limited.
It can ohly review upoa appeal, anv decisTbnoT
the l oiiiln below, upon any matter of law or legal
nefarious' scheme mav take warning, that a day
of reckoning will come sooner of later. The
people may submit to lie cheated of theirrighls
for two years, (thoiigh even that is not probable)
but they will at the end of thnt time regain tho
control of the State in all ihi' "u partment ; aud
then, woe to the criminal muirper! There will
be no hiding place for them in North-Carolina,
nor ir. the United Stales. Traitors lo the Stare
are felons everywhere in the I'nion. and they
but no issue of fact shall be tried be- I will lie "delivered np," on the demand of the
iirl, ami the Court shall have power tiovernor, if to bo found anywhere, in any Stale,
I election" to date from ihe present incumbents
could still sat,-we wilt noUl over until llie nrst
regular election," and refuse to provide for one.
It would thus turn out that the mcil elected in
April, 1oS, would be in a fair way to become
life members, if not hereditary lords over the
! The I'surpers must take one or the other horn
! of :hf dilemma. Thev must either provide the
mean for holding an eleetion . "on the first
ThsVsvSsv in August one thousand eight hundr.sl
Thev cnbiienttosnyiK!utiiithernItedSt4(iaT seventy a tne constitution imperatively
by Kvpress. I requires them to no. or they must tn violation of
PHICa roronelinx. ct-'f.-l.s HJ--Parorss. . OlCiv netba. .miit ln do so If they do so uni-
tlO-Oi.' Or,Ms.IS lhr flro-s, -V ftre tir.;.'. . , Inln mM he utaetad mul Uie
Thrsssh riiki nh" ee,.-,uii u- irr- forth Mii- v!'.'c anow t g'swiure win ne eioctssi, aim uie
eii i itwUlSulC.O. U. Or erahold b (ill will expire. It they rtftise or neglect to
"'--'- -Wi !asw, - ' pi.,yi .i. f,-:-a:i i-e.-n a of nvt.iU-r to the tn
a..ii,toiirBti.J,jrsrSvirf.M ifonse on that dajr, then no election will ho
lrrthy -mM -r.l'ytlilrd i. held, ami It will not lie "the first regular cldc-
Vr th-M Mvtleisvr -ll op all ropaelablr Di glils ' tion," coiltemplate.1 by their ppelandedcoustriir
f rywhert M.a UB ! tion of the cunMitntion. To hold the ctectton
J. J. a J I.OVAS,
Jlv 5il!r BalVhury. X.C
lich lixes a permanent d.iv for regular elec
tions, including of course the first Tlmrvlay in
August, lHli8. '
full. The ruling of the Supreme -Court above
stated in Judge Pearson's letter.
If ere, then, i the case for the people the ex
plicit, emphatic, unmistakable declaration and
requircnivnts of the Constitution and laws.
On the side of the Usurpers, there ia this
'The terms of office for Senator.--and memoirs
1 1 issue anv remedial writs lucessarv t-1 give it I or rerruorv of the Kcpubiic.
R geiier il sttj , rvison and control of the in- The overthrow of the Mat flovcrnment by
ferior Court. Reside this right to review and i legislative or ex'-cnive ueurpaiion is parallel
reverse the decisions of the inferior Courts, it, I with the overthrow of a monarcy by the de
has only one other, vir: to hear' claim of tar-ythroncmcntand divnpitation of the Ling; and
lits againlhc State. N;)yng more. The ! siut wo borrow our bvws from l i.triand, our
i. pinions of the Judges, therefore, upon the con- would-bc-tynint will do well to stutlv that pe-
, stitulioualily tif the proposed fraudulent usurpa
I tion will not be worth the paper it I writtco
I Uou., It will not fee the opinion of the Court;
nor will it rise to the dignity of at. liji'er o.'Juta,
w'i c.i is sn opininion of a Jti-hre unnceessarilj
jobtnided into a case legitimately beiore him.
. The oracular decisions, therefore, will rrrrclv bo
AdterUtvtumU Scjiriuxl- -Trent iiotltrif,
e PKEMIfSIS ! rpRitMtrMS I
vTto.r I JftvalusbV AgHcnllursi PRRMICKS
t ne'na jir'T-g tip Club ,'.-r tU WttXLV l-B-UiVKU.
awutf. wiT-iix h co
LEPAGE BROS. & Co.,
,UC tf. IS39.
Coramerco St., ZVcrfolk, Va.
l"Spoial attention paid1' to the sal n
GRAIN. ;,'rTONanil all other kind
7 Libenl advaaea on aoasiirania
of the ll-.u s.- of K j :.. .nil iv. - shall c uumeiiee
-r ifus t iroe of their eleetion : and the term of of-
tieeof I'urti.ch-cl.il al the first election held uri- 1 the private 6pihh.li of Messrs. patrson. Read
der this f onstitution shall terminate a' the same ' Rodman, and thy rest, given gratuitously yv.th-timea-
if they had been elected at the first b- I out any of the sanctUirmof their cffcrial P1".
suing regnlarclectiim.' j R i'! hind no One, legally oi1 morally; and
At th worst, this clause i only ambignon : U whole eflect, would be lo make the Legisla
saasl aoJKaiwl ewrmot, acrwrskW -to any mm I tnrjlipr l-tlra'llMa. weak, . uud igUtSJftl of
cogniseil riileofconstriiciion. be alloweil to alj- ' t UiMimtional righls npd obligation in the
rogale or interfere with the plain and minima- ' eyes of the people In spite of the adverse opinion
kable clauses aWe rpioted. Htt wilK, duo al- j of the membvrsof the Court,tbe Legiklature may
lowiince for the want of literary skilfv in the , decide to hoid over if it choose. And if the
in coiiformitf with the eonstilntlnnal nsinin- I drafter of the Constitution, there is no dlftk-iil- ! opinion sliou,,, tavor tne pnyect, 11 wn not ex-
1 -II. 1- ' VH"w. nc .AWIitWir .i,-u to '.. -
:is every i nexeu to ine crimes oi dsiim-iwmi mu irrw-i u.
attribute I he Leg:e!a.urc rospt asibfc to the people, nat
- . I t. rk I .. . . I i r.ri ituir t. fMiwii isiliie tn
rpers, JSot U Imlil an election on that tne vagueness oi tne reicrence io me now regTi- - , " 'rj'
dav will take from it the character of lK-ing "the lar eh-ction." to a covert and iniu-r design on ?ae iris aiure unuer me vonsn-.ui. . n e
" - . . . O .15 . . . i . r . , a a.- ni,e. ni tra n. . . tv 1 sa ra ol Ian
first MpahH eles-tion." For it must be Ivirne m he part ol Uie drawer oi me lavanisaem. nut w - - " - -
Am, ,-t.:,T .1. i ;fn,- .ir-...-, . h.rU,ri in his breast any such Court if itsliall tum out that they permit them-
mcVe "the first Thursday In Augut" aXiieral imworthy purix-?; and, in the ho or conli- , scives lo be entramsd into giving an opinion in
ment, on tne first Thursday m August next will ty in revvwiciling tne araniguny won tr-
supercede th. present body, or there will be two mental cianse which require eleefUu
I.-egilatiirein being, acirding to Uie theory of two year. Neither Ui neoassary to
the 1 su
el- san day for all Htate OTicers, but onhr an
eJc ieo for members of thi-tlencral Awciiihlv.
. aihlitiou to th"se direct and iinnerative
! dvcssjs of the Const itoti.-n, which declare that
the member of the two Iioases of tlic Ueneral
ri.sl of Erglish history which follows t he restor
ation of Charles 11. Whatever may have been
the crimes of the first Charles, (wndf we believe
the people- hal a right to dethrone lum.f the
Rump I'arliainent, nmsisting of about forty
nicrubvrs. after the expulsion of th majority at
the point of the bayonet, had noright to behead
him, Thirteen years ihereaftrr they were
brought to trial, condemned and rx(i:ted fof
the crime ; and die pb a that tlicy acted win.
liie authority of the Pailiaincnt availed
them nothing. The conrta held that the
usurpation of i he RadiauieiUV was of iteelf trea
son ; sni! siit.seipiently it wss held that the Par
liament was dissolved by the death of the King,
and that all it act thereafter were acts of nsr
ration, without rrforer.ro to the reason of the
ii. eon- . who voted for U.c decapitation of tlry
Iu like Winner, in thie fHat, anv attempt of
a Legislative hodv sn holdover, bevond tho floiv-
stitutional limit of twoyear sjQuial rw te-trpxu-m
N V c appeal to all men of all partiea to unite
with us ui defeating i!;ia nenuriotw scheme. We
ar, of all parties, sod w imvo no mere parly
caarlatw X. C. ! nd pro apt retur a a.
AssemMv absll be eieetisl Inennmnllv. or once in 1 lial cnimon of its fratuer
everv two vears. there was a law "in existence ! til it wa-- ratified bv the people, and then it be-
when the Constitution wis ratified, rot rcpcahsl rruae theirs, ami u u to be inurprcfed acionl-
by it, and tleclareI to be valid, which made the !ng to lli ir un.lerattnding Qf iu purport, where i
first Thursday in August, a reg?ilar elec- j ambiguity acc ua.
I tion day. We faWte it as follow ; ; Wc have to u briefly raiid t.t theory os
iletice of a iirst election to the Legislature, in- tne premises; stra eieciaiiy, a lavoraoie own- eri(I. tn view. We welcome evtry man in Use
tended to perjietnate hi power by the merliun '"
of an ambiguous phrase in the C. -ustitution, Tie : shield
cannot take advantage of his own wrong. The
( V.iistitntion iiU'.'t 'he expreseion-pf the Individ-
It .. jj nothing un-
The object of tne movers ia doubtless io
Ihemaeivc under the J--?:s of thi judi-
curv. Jiut it will tie well lor all partie to re-
memlier, or we should say, recollect that the
PEopi-E RE bovkbeigiv, not the Surpreme
Ci :rt and they will hold both Court asd
Legislature respniwible for violations of the
i ....1 if.it 'l'ln .ill 1.. .Ill Siajll- - - 1
than mJ ri'ies reponsible for the itnupatioo, if j Frirndaliip it -reply
they should continie to c-xe.-tie legklalive &uao (self LnUwt-L
State, without reforeore to hia nulUical aiiic-t -
imm to hi origin . raoe, or color, to Join ua ra
vindicating literigbu of ail the paOH, otxW
the Constitution of the Stet.
Raleigh, Nov. M, 1PA-8.
tta jsLanerw tt(