Newspapers / Carolina Watchman (Salisbury, N.C.) / June 10, 1870, edition 1 / Page 2
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- ? j". .1 ,(; a-sV. r : .. v 1 . ? I ' ' ' ' ' I u ' ..... B,ysaV 1 ' U L "Wisi .sW,..-,-r...Js.-iliiiiims-ft.s.r.aii, w.. i i m.,,m, ,1m ,, ,, , . , ,a .1 - Vr4SaWV . .' 'I .. .v ' . ' : sat. -: .: ., , . . ' "i ili. ' ! I r - Cl)tff)lb Nortl) State THE XIV AMES DM KNT--THK LKOlS LATl'RE. Iff take very itre-l pleasure in laying bctWc our readers tbi week a very able, learned ami elaborate argument, in leply to oum of Uie 20th of May, ou iliu proper coiistructiiMi of the A I llBTr f ' The author of geiilluuan of much distinction in North Carolina, both an author mid a lawyer, and hi opinion are entitled to reat rr--c, especially Upon ques tions of the character of the una under discoa- aion. That he is a fine writer, a well a a skill ill dialectkaan, is abundantly proved by the rtlcl.. in our columns tin week, (wlucli waa hastily prepared I if other evidences were want inc. He will p;irlen iw fr vying, however, that he seems to be on quite aa good ternia with himself a ia flie editor of thia paper, inasmuch at he too "llattcra himself " that the question will "hereafter ie acceirtcd aa finnlly acttlcd" by Am argument We read t hi argument with great care in tha hope that would be convinced by it. We Jiawe given it, and every wrt of It, all the weight and consideration to which it ia entitled, eithe from it intrinsic excellence or the distinguished source from whk'h it emanated and K1..I ..bjocti'bl the MroiiiHs.1 and lno-l nbjuclittiablr men for ward aa candidate fur the (Jenrral Assembly I'njioputar tickets for the IwgUlalur will vary greatly embarrass the chances of our Congres sional candidates, aa by the present law all the uanic have to U- written or printed upou Uie ame ticket. I.AWLriS.NKSS. NESS. Fur tkt Hd Surtk tfLUt. without leiug able to bring our mind to the oondimioti of Hie writer. Indeed Upon fnrther and rjtalnrcr rc- Ueetlon we arc more than ever convinced of the wisdom, if not necessity, of the con me which wo have heretofore recommended. We arc not convinced that a member of the legislature is not an officer within the "pur view" of the third section of XIV Amend lucnt to ilia i Coutitotiou. We have never doubt. ed, however, that member of Congress were not "civil ufli. r f)( Uie United State widlia tke pur view" of sect ion four, article "of the Const i- tution." 1 .r the high court of impeach went ou ly decided that "they were not civil ot6currt(A- m fWifP of" certain section " of the Con stitution," not that they were not civil iflieers io any seose whatever. The case of Blount, and the opinion of Judge Gaston, cited by oar learn ed, able and excellent correspondent, present no new authorities to Us. The reader will observe, however, that no at tempt ha U en made to controvert that part of our argument, much the strongest part we ;bink baaed upon the Ada of Congress for the enforcement of the XIV Amendment It i not claimed that the government of the United States, in all its department, Executive, Legis lative and Judicial, will not take theasme view of the question taken in our argument, and decide In accordance with its conclusions. Hut, assum ing that his argument is conclusive thai mem ber of the legislature are not "officers under the State," our correspondent aimply proposes to contend against the government of the Uni ted Statin aa "a lawless usurper," aa our fore fathers resisted the encroachments of George HI. The e x am pi e of diaries Carrol I, sod of his com patriots, is invoked as the one to be followed now. . The " 'enforcement bill' with ijs mimic thunder of a thousand dollars fine" and one .year's imprisonment "should not appall a heroic spirit" at a time like this. Rut the opinion of the honest law abiding jwopleof North Carolina is that the time for such talk Inn gone by. Charles CarroH and his compatriots did not hurl their defiance at the British Government after they had fought it for four years and been coni jpdeteiy vanquished by it. They did it at the commencement of a struggle in which, by the help of God and foreign nations, tliey were successful. ,iind not after they had been sulipigatcd. Ou people have learned by sd experience since the war that all further resistance to the Govern tnent is worse than useless, and thev intend t.v accept the situation in good faith sad sake the best of it Those who preach further resistance in any way and we are lersnaded that ourcor- respondent means lawful resistance notwitl 's&pvdipg the language used will not be sustain ed by the people. Some romantic and chival rous spirit mav think iX iWth while for the a i name which it will make for him jn bis'ory, but .the present age is not the one in which political .martyrs will be much respected or possess great popularity- ; But we have extended this nittele very tar beyond our intention at the time we com menced it. At the earliest day practicable we intend submitting a rejoinder and publishing therewith the "enforcement act" With comments . Wo shall extend to our corresismdent the courtesy of sending this number ol'onj- paper to ail of those distinguished professional gentlemen to whom we sent a copy of our own argument. $ m 1 HON. F2ANCIS E, SIIOKKR. It will be seen, by reference to the proceed ings in another .columtir that the Convention which met at Statesville on the 2nd inst., tiunn- imotudy nominated Mr. Sliober for re-election to 'Congress. This is nothing more than we expect ed. The nomination wag so' manifestly due to Mr. fimober thai we never supposed thcConven- tion would be any thing more than a mere form. It la true that but half of the counties of the district participated in making the nomination, but that half was entitled to cast a majority of the votes, Mr. Shober having received ail of these may be said to have i been nominated by the district That such will be the view that wi U be taken of it we scarcely entertain a doubt That the CcnvenUpn called to meet at Charlotte on the 22nd, will, if it resets, simply endorse what baa bww done ft Statesville we have no doubt So lar aa the eongreedotntlcontefatwceTn ,ed every thing looks well in thia district Mr. Shober U a gentleman of excellent character, of a high order of talent, a well cultivated mind and great personal popularity. He is as nearly a representative man of both wings of the party 41 coirld bare found in the district, and no rea--sonable objection can be made to him by any one. As a representative in Congress he will reflect credit IM -the district and upon the Conaervative pasty.. With nominations as judi cious as this hi all Uie Congressional districts, and in the several Senatorial district iid coun ties, the State would be safe. Two months since the prospects of the Conservatives to carry the rtau? were of the most nattering character, lint they are being rioiul? damaged by the want nl prudent and discreet ibad'ers, and the want of harmony that uufortunwely prevails in many nranv counties in the State. It, cnnsopiently, behooves the friends of the cause, and of goKl government of retrcnrhmeol and rt'fiirm, to be active in their labors for the. restoration ami pro motion of that harmony witiut which sucress : : bi dimply on . It ia not yet too late. Ry pro; -t exertions and necesaarv sacrifice all will I .yet be weH. All ihelost ground rail easily be regained, and more loo. bv bringing the last. The iaartesstiesl that unfortunately exists in many part" of the State I a'- dutely sppii'ling. It la not only deeply to be deplored by the peo ple immediately in lta vicinity lait by the poo ple of the State at large. It U keeping qtd iu migration by reason of the very had eharaderit is giVing her abroad. It U preventing any en hancement in the priie of real estate. It is ba ing aclxed upon by the radical leaders ia Con gress to prove that there is still a rebclioua spirit among the people of the rsHiih. It tshetngased to defeat the passage of a general bill for the ist moval of the political disabilities imposed by the I Uh Amendment And we have recently lieen informed by a CoasenrMfre member of Congress jhU it, in connection with some other acts of prominent Southern men, will defeat the passage of such a bill at the present session, and irohably by the present Congress. That uueh of this lawiiesaness ia due to the Klitical excitement of the tiniuaMuinot be de nied, though not all of it. Rut the fact that a very large, perha the I super, part of it is at tributabiu to the political cajiacs is a met that culls 'for some remarks. If it is canned by the Intense excitement on political subject", then those who control the politics ofthc State, should use their influence to abate that excitement- Rut past experience has shown tluft mere politi cal excitement as high as the present may exist without producing this state of lawlessness. Un fortunately the animosities engendered by the late civil war still live in the politics of the State. Many of tlipse whose duty it was to allay those passions have labored to keep tliem alive and in full glow. And this remark applies with more or less force to the leaders and papers of both parties. 1 1 is quite true that they all denounce the murders and .outrages that are being committed with more or lew severity, but they manage while denouncing them to say something in pal iation of them. A man is murdered under such circumstances at point to the League a its per petrator, and it is at once set off, if not justified, by reports of Ku Klux outrages. A murder ia perpetrated under such circumstance as point to the Ku Klux aa its authors, and it ia imme diately set off or paliated by stories of outrages by the League. And when this is not the case it ia said that the murdered man was a man of bad character that he waa a very odious man that he had been guilty of some crime at some period more or less remote. These things only give comfort and consolation to the guilty par ties, and, to that extent, encourage them in their ciiuies. AH of this must cease before these out rages come to an end. Public sentiment niuat be made to frown them down as horrid crimes which cannot be paliated, much leas excused. The perpetrators of them must be made to feel that the mark of Ciu is upon, their brow to seil a hiding pLu.c fur their guilt. When this is done these outrages will cease in a greater or less degree, and not before. ' Crimination and recrimination by opposing journals only adds fiiel to the II. urn s. No political significance should be attached to such deeds. They should simply be regarded and treated as murders and their perpetrators as murderer. Let the papers on both sides take this' course and great good will almost immediately result from it. For the present it is hardly to be supposed that counsels like these will prevail, but they will at no distant day. When the excitemcntof the present canvass shall have passed away pas sion will begin to subside and reason to resume her mi av. juc tomeiilcrs ol discord ana Uie "tii er- up of strife will be compelled togi.ve way to men of better balanced minds, of less violent tempers, of less raukerotu partizanism, of a lof tier type of patriotism and a more conciliatory disposition. M A CITIZKJt or THE STATE, OTHaitWJSJC O.UAL- insp, ntoitiBiTKD raoat hui.iuxo a IN Ol'H STATU UsUiaLATVMK, V MJtASVJI OJ TUB rOL'MTXUITIt AMKNnMKXT ? In the Oil .Xorlk Stuit of the 20th instant vou hav very elaborately argued bt) question pro- iKMiiided above, and natter yourself, that it iwust hereafter Iw aeeepted as tiimllv settled tbereltv. KuterUiuiiiK a dlrterelit opinion, at the solicita tion Ol friends, I accent the lender of wmh sd utuiia, for the insertion of views Imstilv K-s nu d, but whit-h are in vert he loss worthy of oowddera lion. 4 birfe part of your argument i directed to the examination of mi am. le which npneartd In the Wilmington N;.u .,'he liltb of February, ItttlU. J ii thut the ilr Uprmt gates the ques tion at cntmidrrable h-ncili, and measures the meaning of the word "spW by Constitutional stsndsrd. He shows that the term, as used in the Constitution of the United States, in our for mer Constitution of 177(, ami In the XlVth Amendment its lf, is never applied to designate, either a aeat in Congress, or In a Slate Legisla ture, but, ou th.- uiher hand, whenever mem bers of Congruw, or of lljo It-rislature are lefei red to, lhe terms in full are mad to dashmate them, and that their seats or places are never trealtd as synonymous witli oliic . Hir fiinner Conadhilkin. ns Well a that of the United Suies, were tratneil by an order of men who well un dertint! the true force and meaning of the word useil by them ; and those instruments have never been condemned for inaivuracy, a want of pre cision or u peril nous rewlitlon. Youroonstruc ion, however, would reflect upon them in these several imrticulars. and convict them outright of the silliest pueriiites and especially of unlim ited tautology j In the Constitution of 177(1. it was at once Dro- rided In Sea. 5, "That no erann hi the Mate shall hold more than one lucrative office at nuy one lime." If the framem of that iiistnnueiit believed that a ea in the Legislature were such an office, they most surely would not have in. avrjed aa, separate aud dlulnct .acctiotia 26, 27, ZH, t., niul 30, in wlucli tlicy exprossly provide tal prlnci at system ixlulive i'hi overthrown, where the gener is departed Jmm, the leg in KiiivW ,. aVrMtaftl W eUmrnem to induce a court ol justice lu sup peso a design t efli-et such ohjivta" Aft, aa an u oui.ced hv llu. Sm,r..mi-Coin of tha Coded Stoles and raitrfetf in ( ranch, 348. Know ing all this ifi wetii really uy isyt of lli.e iU atottpf the XlVlkAiuendiiient to allude . i Iain parties front sent, iu l..rjlaUe boilies, the friiiuer thereof atlopttd iba rittiwwrt metlul possiWe, to make thuiowlvea HHKmI or to (uvoinpliah tbeir design. They trot their law so obw uifly and pml it, Caligula like IukK above the ken of ordinary and especially jndi Ul miiNla, that he iutoulel eieet i entirely iiniatainahle. ..d here wo may remark, that the secret purposes atld lieafaraaof the political partian who planned the article, in omitting scats in Ilslatlfascml.lics, and yet Inclu ding even .n-tabSSa, is not to be divided by the rules of common reason, and .-nn only be Vaitli oincd by the faithful ,'(.w who bask ilklhe bright est light of the radical suf. Again our Supreme Court, has recently hin- etpiivncal term dtrMid, that "nu mbers of the Legislature are n ! nllners " mid ibm (tut mi (Nhi- MK iiiiK four 0f ,u. y th Amendment This opiniiai, yon consider as of no force, as only an eo.fifr dielum." It ia howevtr not to be fon ceivi il that our highest Court in ao important a matter, would have expensed thvmselves, itane ceasarily, so decidtslly, without feeling well as sured that no doubt could be entertained upon the subject, lioovler you dte pn th? contrary, as a reliable aiithori'v. who slrnnlv classifies of- . It has often occurred that the adoption or re jection of some pi op..-, d law has been submitted to the direct vote of the people at large in tbeir rcsiHrlivc town and counties. 1 Ills lias recent ly occurred in France with the l'lebiscitum, up on which several million of votra were cast. I Hi the tsjoide become officer or office-holders by simply voting aye or no, upon the utasage of laws: If not, wliy slioulil tlie iieiloiiuaiice ol heirs, as executive, Iyi4ntit Ac. Rut what right had Ronvter to make ato such chissifica tion. His own opinion, wiihont a single refex enec, is not even the "uit'ir dutinn" ofa judge; and his very definition of an "officer" aa "he who i- lawfullyfrTealed with an office," show nun tie nan no very luoiil i.l.n iiMm Hie sub ject Our Huprmue Court as a convenient rule fur pnu-ticfll purposes, point to the oath of office, as a test by which officers may be known. And vou insist that ly thru teat n member of the Leg islature must be an ameer because In Hee. ytj, in. if! oi onr present tonstttution heisrespur the very same duty, confer taw dtmiiiy of an of fice, upon an ordinary law maker r The character of Legislative bodies will 1 U-iKr auiU rstotMl liy a slight oeaaliiatuui as to llicir antiiiiui r; . heir nays ami ohjaot Frtnn our mother country g have tlerived our notions, our institutions and our laws, and the Hritisli Parliament has furnished the model fur our legislative assemblies. To call a l'eer or Commoner of Knglainl, an ofnee holder under the Cruwiy would be deemed an affront; and no Commoner can hold bis sent and take an office under lbs King without the const nl of his constituent-. IVriiameuts are of great anliouity, even as oltl, ami pmlKiiilv oliler tlian llllaui the Con rjnetor and ao (ar from being offices under the Crown, the Ranms in tbe olden times Were ss .iiihlcd by the King, to hold a joint consulta tion as to the public affair of the kingdom. "Iti certain, that long before the introduction of tba oruian language into Lngland, all matters of imortnnce Were detailed and settled in the urrut eouneil of tbe realm, a luactiee ubb h seems to have been universal among the ern nations. nils iiimK rmnwi' bMli been held immeaio- rially under tbe several names of MieM .Simsh or f i rent luaciV, MieM (IrmiAe or great metthnj. i " ' - ' . . . . . . . . aim more ircipu nuy niii'-aa ixmufc, or (lie meiting of the wise men. Ln ancient times these a-sM'iiihlies were freipient 'lo treat of the (Jov ernment of God's people, how they ahould keep iiiemsetves irnni sin, snouiii live in ipuet ana receive nidi!" and their perpetuation waa eunr- anteed in Magna Charts. The Parliament or law making power of Great Britain consists of ' the three estates of the Realm, the King, Lords ana t urn in ons, and these Uuetlxr form the grixit torpvrultuH or &wy jmUUc of the Kingdom. upitoaao the retieiotM principles of an lndi ual, he ia couatitulioually qualified to command the military strength of the Stale. It u iur tut and I suppose will be admitted bf ' every legal gentleman, that tk peJubilum bi tlii article Sa erehule ao one from alt ia tk Otturul AmhL. Whenever tbe Conatitutbm aman to exclude any man from a aeat in the LeAlalUIt. it aaya so in e i ure terms. I liu la rite XMh tion, Mollies, of the North- mat -nn treaiinrrr," "no orhcer of the army or ed to take tuc following oath ; luot Jic.wdlup- A simple reference lo this original should be navy ot thu or any other Stale, "no member of imrt Uie t onstitution mid laws of the United sufficient to negative the idea, that a incmlier of venture to seek seal Tti tli'e Tclslatiire, and the the Co..iieil of State," "no Judge of theSuimnie i States and the Constitution of thcStatc of North I the ereat oo monition or one of the roiiticil of Court of law or cmity. or Judge of Admiralty," Carolina, and tkat ke a .7 faitkvHy diteknrgt us Vise men. jrho assemble aimply to consult aboat no .-M iTernry oi tins mate, "Attorney ircner- ary ns a mniaei w is eemateor lioutr ol ItMut- al," or "Clerk of any Court of Record." "shall have a seat in the Senate, House of Commons, or Council of State," All lligae several sections, would have been superfluous and idle, if in their estimation a aeat in the Legislature were an of fice, section 36 atone would have been all suf ficient Ui preclude such persons from holding two olhees at the .-time lime. That no such opinion waa entertained by those trainer", is more clearly and explicitly expressed in the 12th section, "That every person who shall be chosen, a member of ike Senate, or Hotm of (ntuawms, or appointtd lo any oMct or id of trust, before letting kit seat, or entering upon tba crsruftoN of hu otkee, shall take an oath to the htate ; and all ujictr shall also take an uatk of ofiet." What ex positfon of their views, could the au thor of the Lonatltution, have more plainly and forcibly given, than is expressed in that section A plain distinction is mode between members of the henatc and Mouse of Common.-, oo tbe one hand and officers on the other, in the same sen tence: and taking a seat, is distinguished from entering upon the execution of an office and whilst all, the members as well as officer are re tpiired to take an oath to the State, the others only are required to take an oath of office. If they had deemed the terms synonymous, un doubtedly section 18 would have been written more briefly, aa follows : That every person, appointed to any . flice, be fore entering upon the execution of the same, shall take on oath of office. And this brief form would have been all sufficient and in the com prehensive style of constitutional writing. Similar conclusions are deducibre from the Constitution of the United States throughout, but for the sake of brevity we will not examine them at present, and only consider the peculiar construction of- the XlVth Amendment itself. That recites, "that no person," "having pre viously taken an oath as A member of Congress, or as An officer of the United State, oraa A memlwr of any State Legislature, or an an Executive officer of any Stale, or as A Judicial officer of anv State, to siipHirt the Constitution of the United States smatires. This yon designate Improiwrlv "an oath of office but you should remember that all oaths are not oaths of office. Suppose the Constitu tion, which require every one before registra tion, to take an oath lo support the Constitution had gone farther and required every such per son should sucar that he would faithfully dis charge bis duty aa a member of society, would such citizens because of such oatb become office holders ? And here yoit omit to notice the dif ference between that oath and that required of officers by the sanw. Constitution. Tbe member ia reonirvd to rwaaf that he will diachanre his duty, not as aa officer, but aimply as a member of the Senate i.r House of Represents lives whereas the officer ia required to swear, "that he Ml faithfully discharge the duties of m nmee." See. 4, A.-t. 6. Why not administer the same oath to all parties, if all are officers 7 Why so persistently mike distinctions, if no real difier- ences exist ? These differences are clearlv mini- fested and steadily Maintained in our own Con- tions, and in that of the United States, and it at linconceivtole that thev should so univet- aally be attributable to accident In our pres ent Constitution, remarkable forftainnccuracies and inconistei cies. a single iihraseiKvuis which can only he deemed a slip of the pen, in nsing "twin of office" for terra of service," and which can therefore be eutitled to no weight in the de cision of the present question. The term, as to time. Waa the idea in the writer's mind, and in its use,- there wa am intention to enlarge upon the nature and character of an office. To our ear and minds, words from foreign tongues never acquire precision and deliuitctiesa as io ineir meaning, t lie wortl "otlicel is an exotic, intnshiced L-om the Latin, and pHrtake in u High degree, ol the usual inileltni'e icss. ni- eompanying such intruders. To n Hnniau its force would be ackuowhs1 . d without difficulty, as one who does something for or oiijaecount of another. Ji tlMvA'Uflo-Aaxtm, or wu Mother tongue, we were io use Uio native word, a "rfo-rr" as the translation of the latin, we mould more readily comprehend its meaning; ,nd especially, if we consider it as contra dis tinguished from a "comumuiier." What then is iner-m bv an "ojice atari;.' Uie i .ettef" What is in the general welfare, can in any sense tie viewed a an officer under the I rown or under the State wiicii a cunncii constitute uie only visible, ac tual sad substantial body politic of the State, and all its acta and deeds are rccognixed as such. It la composed or many members, each ol whom separate and apart from the aggregated mass, ponsess no more power or virtue, than any other individual in the community. The membereare but limb or twigs of the political tree, or aa separate stones which together compose a col umn. If an act were drawn in perfect form, and be signed by each and every member of the Legislature, and then deposited with the Secre tary of State, it would be null and void, and without the slightest force a a law. let if on ly a majority of the same iiersons unite in the council chamber, in the passage of an act, It ac quires at once all efficiency aa a law, from their i olleetive action, and it is equally as binding up on the members themselves as upon the public at large. Tbe virtue lies, not in the act of any one member, but in the decision of the whole body, as expressed in the aggregated mass, or "General AmembUr If a member can be an of ficer in any sense whatever, hia office or official function- are of an anomalous and inconceivable kind. lie can do nothing at all without the co operation, in the legislative hall, of one hun dred and sixty-nine other officers, lie ia a Da shaw, with au immense number' of tails, and in hi- caudal appendages all LiaS virtues lie. With out them he is .powerless, ana ranks no higher than anv other member of society. All officers Lexhibit their tiowers liy writs, orders, decrees. p oclmnat iimis, commands or cerlibcatcs, none of which do any members possess ; nor are they endowed with any other budge or insignia of en oltice. It is evident Iticu mat the Mate, ns a . - gff. . . k. a ll 11 declare t lint no IteeelVcr o rutilic Ac. "shall have a seat in either I C .us (ieneral A m inbly, or be eligible to any office in this State." A seat ia the Lcgidatore ia iiosrr offisjas of plaCt of traslM the clt i! depart ment, and ia aot conijehcndcd impliedly with in tbe lerai. If there had been anv cikkI rea son to doubt lhl construction, ck ndunht would have been removed bv (he adjudication of the Senate of the United States, upon the impea, h no i.t of William Rlount, and the decision of our House of Commons, in the vear 1H0M, in the of Mr. Jacob Henry, a Jew, ami a representative in that Isxtv from the county of ( arteret. I lie persona, therefore, whom this articles proscribes are not only qualified to choose the law-maker and to hold military appointments, but taaw Mrmsrirs become the Inw-uiskcrs of the laud. ' (Debates in Coavaition of 1838, page 20. It then appears, that whether we consult the iiislnmif nta tbewiselnj por the essential charae U ristimof an office, or its origin, iu functions, or ks rotation to the Stale as contemplated in the Constitution ; or to the solemn sentence of thi ll igh Court of Impeachment; or 'to the later sentence of our own Supreme Court, there is really no room to doubt or cavil about the mat ter. Roth the National and Slate Conslitutien contain clauses under which thrqucstion sin hi 1I and would have arisen, if it bad been considered debate able ; but instead of that for nearlv sev enty rears a uniform opinion and a uniform 5 rati ice has prevailed, and would not now be htnrbed, but ror'the prescriptive and vindictive spirit which rages in the land, and would attain its gratification even at the expense and over throw of our established institutions. Here 1 would gladly end, but your essav im pels me to make some further remarks, in the spirit of excessive caution, vou siiggext that our best men, those termed "banned, should not Uh W AD VERTlSEUkNTS. and shall have engaged in msurret tion or rels.1- lian against the same, or given aid or comfort to i legai parlance and contemplation "the State?" the enemies thereof, shall be The Legislative Department, standing iu the A Senator or Representative in Congress, or nn I place and ns Representative of the people, con- Klector of President and Vice 1'resident, or hold stittites "Ike yremt Power ia Slate commit, ul- S or WHO MURDLllED THE McLEOD B. The Raleigh Sentinel has information which goes far to satisfy it, that Daniel Graham, the "converted Ku Klux" wo made the false affida vit recently published iu the Stantiard, is the murderer of the McLcoda. The facta ant! cir cumstances of the case, as detailed by the &nit nel, as well as the character of said Graham, point to him as the guilty party. It is hoped that he may be speedily arrested and brought to a legal trial and punishment fur the infamous crime. Gov. Hidden has issued a proclamation offer ing a reward of five hundred dollars for tbe ar rest of eueh of the perpetrators of a uumber of murders arid other outi ages, including the mur derer or murderers of the MeLeods, together with such" evidence as will lead to their convic tion. We hope his efforts to secure the arrest of all the guilty parties refered to will prove suc cessful and they will he brought to speedy Jus tice by trial and conviction in the courts. The Km mii nun Review for April has been on our table for several days, but we have omit ted to notice it until now. This has always hue aar feeoeito of sit tha British Quarterly, and ia ao still, The present number ia a very good one. The following 1 the table of eon tents: The Viceroy alty of Lord Lawrence, .1 nana la Loca, M. de Parieu on Taxation. East- lake and Gibson, Non-restraint in the Treat ment of tbe Insane, Smith's Tour in Portugal, Kenan's St. Paul, The Epic of Arthur, Rallut not Secret Votiiigi'EarT Russet's Speechef "' " The Nobtb Bkituii for April ii also at hand, containing several historical articles of great interest The table of contents is ns fol lows: The Church Policy of Constant i nc, I'.irl (todwin and Earl Harold, The Early Author ship of Shakespeare, The Will and Free-wP', Jane Austin, Parties aid Politics of Modern Riiaria, Tbe Home Policy of the Session, Con tent porary Literature. For either of these 1 Reviews address The Leonard Scott Publ-diing Co, UO, FultortSt., New York. The RevI)r. Phillip, of Davidson Col lege, has accepted nn invitation to deliver the Annn.il Address before the State Agri- cnliural Society at Raleigh next Fall. Tbe selection t an excellent one. and all who at tend may expect a rich treat. Gen. A. J. Dargan is the Conservative candidate for the Senate in the District, com posed of the counties of Anson and Union, . .. ..- 1. ; ... ... . m on Mat. v . r.. ronitn i in nmrone for the House of n ' office, civil or military under the I I m ii r any ntate. It is manifest that each of the phrases in this article, bears a different sense from the one pre ceding or following it with the word "or" inter posed between them. Insurrection and rebellion are different ofTeiiecs, and "aid" given is by no means the sameofleiice, as "comfort given." This is well known to every lawyer, even but slightly versed in criminal proceedings. It is incredi ble therefore, that a "member of Congres," shall be held the same ns an "officer of the United Suites, the tonus being disjoined by "or, ' to distinguish them ; anil instead of mentioning expressly .''members of otijr Stale Legislature, the writer if supiosing they were officers, would have undoubtedly styled them, "Legislative Of ficers" lo have maintained conformity to the method used. Immediately follows "An Exec utive Officer, and A Judicial Officer." This form would have naturally occurred, in the train of thought and the classification adnpful. In the second division of the article as above made, Senators, and Representatives are treated ns if entirely tlistthct from Civil Officers, either under tlie State or United State or they would not have been separately mentioned, if a single term could include them both. A wianifctt dis tinction is made and preserved in both divisions of: the Amendment, and to "suppose that these various designations are only Idle, unusual mid uonepesaary repetitions, is to attribute to its au thor either Ignorance or incompetency. Ry the terms oT tlie article, no jierson is pro hibited f.om taking a seat in the Legislature, unless that seat he identical with an "office un der the Stato," No other exists in that article, that can have that effect. In placing a construc tion upon the language used in it, we ahould bear in mind that it was not written carelessly. hut was most carefully and cautiously nrenared. and every word ahl phriise in it with the effect tliereof, most studiously weighed. Its authors were aware that it would be subjected to the se verest criticism, and its provisions be measured by jntlieial scales. Able lawyers were engaged in its preparation;, and they well knew, that by tlie well established law of construction, any doubt in the meaning and foice of the terms used would be solved in favor of the right of the citi zen ; that the common usage in constitutional documents, distinguishing representatives of tlie people from office holders, would serve aa a rule to expound its meaning ; that precedents and decisions long gfape made arid acquiesced in, would be 'authoritatively cited and relied wpon ; and that their own disjunctive style in treating of such representatives and speaking of members of Congress and of the Slate Legislatures, as separate fiom officers of the States or United States Mould furnish in this article itself a pow erful rule for' its own interpretation. In the first clause of the article, as stated above, mem bers of Congress are spoken of, as precisely as distinct from officers of the United States as these latter are from members of the State leg islature; and as thine again are from Executive and Judicial officers; and they from each other. No synonymous designation are used ; and so distinctly are these several pbiasea severed from each other, that it seems irrational to believe that any two were used to mean the same thing. Those who framed this article knew this well, ami the were also apprised that as a positive law of construction with all courts, "in cases of doubt between the authority and an individual, the benefit of the doubt ought to be given to th individual, not to the autliority ; and tiat doubt ought to he construed in mercy, not irl severity." (Liebet's Hermeneuties, 172.) And they fur ther knew that wherf any great and fundameii taT violations rsfmir notions of right were medi tated, when citizen were to lie disfranchised hy the wholesale, and the great body of the (eople were to he deprived of their "inalienable rtgnr" " "io' v . 4 - (. on' , nn s j body politic, tally exists and acts in and by its l ieneral Assembly, aim it is a pure fallacy to designate its component part, office i vnde,- tke StntjXhnt these legislative corporations or councils are within the purview of the Constitu tion, "the State" themselves, is manifest from the language of that Instrument ; that No Slate suif in s anv bill of attainder, i.r jiotl farto law, or law impairing the obligation of contracts ; Ao State shall lay any imposts or duties; Ao State shall lay any duty of tonnage, enter into any agreement or ccvpact with another State ; coin money ; emit nius of credit, cie.,o:e., are phrases only referable to the legislative department, and establish that, in the contemplation of the Con stitution, tbe Mate and its Legislature, arc sy nonymous and convertible terms. cm. I aul Qeenica il necessary to place a con- uuiversallv received asconcct, and it is k.ossIv strnction upon a phrase In Scripture similar to inconsistent with such supremacy, to hold that the one under consideration and he simplifies! a tins, Ian makers r-e at one and the same time I mailer, with which intelligent minds should pre iiiiculty. He wrote to the Coriutliiam g wuat is ngm, ami prohibiting what is wrong." This definition from Rlackslonc is officer under the State, whilst they most fully and truly represent the State itself, wielding tlie .hole niul uniuiuuteiit.iiowerof.the people, ex cept ns restrained by certain constltntiojial lim itations. If we recur to first principles and examine in to, the root of the matter, tlie mystery attending it will Iss removed. In a simple democracy, all the people join, and engage in electing officers and making laws. Ancient Rome furnishes us with ln appropriate il'iKration. Whenever, with them, a law was piopoecd, it was previously published forexanji inalion, and discussion by the people, for a sta ted time. Upon the day appointed, all the pco plcasseniolcil in the Campus Martins outside the city." The presiding mngfatrate; sitling in his Cuni'e chair upon the tribune, opened the services with prayer, ami then addressed the multitude ujioii the subject of their meeting. A herald next, in a loud voice, proclaimed thepro posed law, in its very words as dictated by a KcrRie. Arguments followed, pro aud eon, by speakers on the opposing sides, and when thie discussion ended the people of the teipectlve tribes gathered together, and in proper order, advanced to the Pons, or low narrow platform, and each received two tablets, one of which waa deposited Tiif a cfier or haliot box. When alt the tribes had voted, the tablets were counted and if the U. R. ticket exceeded the A'a to, i, limber, the announcement was made that the law was passed. It was then engraven upon ta llies of brass, which were deposited in the Treas ury, and copies thereof fixed up in public places Air iii'nim! in tor mat ion. Laws thus adapted by the whole people would ponsess but little efficacy if nothing more were done. It waa necessary that some persons should be invested with authority to expound them in cases of difficulty, and others to see that they were administered and obeyed. These per sons, thus chosen, those old Roman democrats in their native tongue, styled "officers,'' because they were the do-em, in Anglo-Saxon, of tlie laws of the people. The Legislative Depart ment in that form of government could not, in any sense be looked upon us officers. In our republic the mode of tow making dif fers, hut very little from the .democratic. The difference chiefly being in the numiiers that as semble in our Campus Martina. With us all the people cannot assemble, but to accomplish the same end each tribe or century, called coun ty or district, selects one or more from its midst who is or are deputed to go in behalf of the rest to the Campus Martins, there as their represen tative in full, to nee the modern presidingofflcer in his Ctirale chair upon the tribunal, hear his prayer :and speech listen to the herald, (in Anglo-Saxon the reading clerk,) ns he proclaims the law proposed, attend patientlv to the argu ments pro and nm, often rendered "od naturam," and finally to render his vote A. or X in Is half of llietrilse or centurv whom be represents. If .the A's prevail, the law' is deposited in the office of the hecrctacy of State, ami after considerable delay, of which the old Romans would have been aslmmedcftpfessarc aerit fortiffor the cdN fication of the people. I hese rejMibl(ean legislator are no more ao- sent no uiiiicuity. juc wrote to the tsorutUifana "Rut when he saith, all things arc put under him, it is manifest, that Ac it excepted, which did pur all tniiigs nnuer mm. . Thus far the matter has been examined in brief and restricted way, but only tu investigate the reason oi the thing. t tie question, how ever, is not debateable as an open one. It has been authoritatively decided, not only by long and 1 1 ni 'or m ttsftge and practice, but by the mot t luting ami appropriate tribunal. Ur.e William Rlount, a Senator from the State of Tennessee waa impeached before the Senate of the United Stales for high crimes and .misdemeanors under the 4th section of article 6, which rends as fol lows : "The Pretmlent, Vice President and edl civil ojKerr of the United States shall be remoiod from jji-i on impeachment for and conviction of trea son, bribery or other high crimes and misde meanors. In relation to this matter, Judge Story, in his commentaries on the Constitution oi tlie United States, in vol. eh. 10, J 791, writes as follows: "A question arose upon-an impeachment be fore the Senate in 1799, whether a Senator avis a cm 7 officer of the I mled State, within the pur view of the Constitution, and ft van decided by the Senate taW Aen not ; and tlie like princi pie must apply to the House ot .representatives, and by a parity of reasoning, it will be conce ded that the -nine principle applies to the mem bers df the Legislatures of tlie several States. This decision of the Senate most considerately made, after hearing elaborate arguments by counsel on both aides, and rendered calmly and impartially, unbiased by party considerations, miiat.be accepted by all courts as binding upon them. The judgment of the High Court of fm peaekmenl, the highest tribunal of the country, upon a question directly before it will control all other courts and should be reeognizt d by Congress and all State Legislatures. It is a ju dicial decision that members of Congress and other Legislative bodies are not civil officers in constitutional parlance. The action of Congress since that time, baa been in accordance with that decision. No mem ber of either house has been treated as an officer, and no ope has ever demanded that he should be "tried npoh" Impeachment arid be rwvictert by the High Court before he could be legally re moved from or deprived of sis office. William Rlount himself was expelled from his seat, aa a simple member j? the Senate, bv a resolution of that body as were also recently, pewese and Whittemore from the House of Representatives, as members and not aa officers. Again, in confirmation of thia view of the question, I am happy to be able to cite the well matured and deliberately delivered opinion, of one of the brightest ornamenbVpf the legal pro fession, and of one whose decision will b" receiv ed by every North Carolinian at least, with or acular force. r The 32d article of our former Constitution prohibited ajl persons of certain religious views, from "holding any nfiee ar place of tnit or profit in the civil department within this State." In the Contention of I335 for amending the Constitution, in relation to this prohibition the people should not elect them ; for that our la g islative bodies National as well as State are lawless, violent and revengeful, and will visit upon them and their constituents, the severest judgments. That, moreover, even the Court are so intimidated by the legislative tyrants, as to have become but their echo, and no reliance can be placed in them for tlie preservation of popular right. You fear that cases for trial un der the law, instead of being treated as criminal offences, will be cast from the Courts, as politi cal qnestions which only corrupt congressmen can decide. Luther n. Rorden is cited to sus tain such fears bat should have no such effect, for it wa fairlv and nmrjcrlv decided in 1848. and gave no cause for alarm at that time and ho given none since. It simply determined that the Circuit Court had no power to try and decide, wnetner the lom. Dorr government or the old charter government was the duly consti tuted government of the (Mate of Miotic Island. That by the Constitution, itself, the decision of the question as a political one, waa referred to Congress and not to tho Court. No qaestion that can arise under tbe X I Yth Amendment, or thelawsraadein pursuance thereof will ever rank as a political one for these penalties, fines and imprisonment, get all their efficacy from the criminal calendar of the Courts. But if you arc correct as to the lawlessness of our legislators and the nervousness of our Judges, this fact alone, instead of repelling into obscurity, our ablest and roost serviceable men, should call them forth. on every side, to contend manfully fur the ten i fication of our council chambers, and the re-invigoration of our Courts, If all stand abashed, why should the unarmed judges be ex pected to withstand, unsupported, these tierce as sailants. It is no time for pusillanimity or dis may, if we would recover our national rights and restore our cherished institutions, but the time is at hand for action, action prompt, vigor ous, united and decide l . The boasted "enforce ment bill," with its mimic thunder of a thous and dollars fine, should not appall the class of heroic spirits needed in such a time. George the third, presented his gibbets, his guillotine and conli-catioii to the minds of our forefathers, to terrify them into submission to his imperious will, but in utter disregard of his threats a Charles Carrot!, could boldly sign a document, which elicited the remark in a whisper, "there goes two millions," and other spirits as good, were every wuere foiinu wtio pledged their lives, their fortunes and most sacred honor, to man fully resist the encroachments of the tyrant, up on their inalienable right. How degenerate indeed, must be the sons of such gallant sires. thus lo lie intimidated into supine inactivity, bv the "In alum fulnten" of such boisterous deapoii ers. Must we not dare to assert our Constitu tional rights, for fear we shall incur the displeas ure of the lawless usurper? When then shall we regain tbem? When then shall we be free ? Certainly, not until the despotic master may graciously emancipate his willing and submis sive slaves. at i l "ii t , , iv i . a a -. - .il i.r. 1 l.M. i. JJAVjUf, lVUft t l. At a meeting of the Conservative party of Davie County, held in th-Court Ifobse at Mockaville, on Saturday, June 4th, 1870, ou motion of Dr. W. K. Sharpe, Mr. H. H Howard was called to the Chair and A. A. Harbin requested to act aa Secretary of the meeting. The Chairman explained the object of meeting to De to make nominations of can didates for the various offices to be filled this year. On motion of Mai. W. H. Clement, each Tow nship was Instructed to call together its citizens here present, anil select one delegate to represent said Trttmship' In this meeting, and thut said delegates compose n committee to recommend names as Candida' in for the va rious offices. The. following delegates com posed said commute, to wit : M'h.sville Township, Maj. W. V. Clement. ..Warms! Vennifuire!! Worms"' OK THE MAN V TUODMLK8 TO WHICH Children i are sutijaot, espeaially in the spring season, there are none, perhaps, so generally productive of distressing aud even daneerou. disorders, as WOKMH. '' In msny cases, they mav not be the mooed; cause of the attack, yet when they do exist th,.v never fail to aggravate it. It i wise, then whenever anv of the ordinary NVllmloniM BM ..I. served, to lose no lime In rrsortliia to SILL'S INFALLIBLE VERMIFUOEt which, besides being not unpleasant to take, ia perfectly safe, and will certainly and promptly expel Worms of any kind, if they exist. areiiniy put up, with toll direotiqus, at 25 cents a bottle. Only at E. BILL'S Drug Ntui, Junalft Salisbury, N. C. spabIlim catawia sitoT CATAWBA COUNTY, N. C. THIS celebrated watering place, formerly called North Carolina White Sulphur Springs, will be open for visitors on Wed aeaday, the 1st day of June. Being situated in the Northwestern part of the State, iu a section remarkable tor its delightful climate, beaatv and healthiness. these, together with lb virtue ot tbe waters. make it one of the most desirable Watering. Place to be round. . rtilMI THE MINERAL WATEIW OF THESE Springs are. the Whit aud IllUe Su'phtir.atid ( 'hill yehf ate. or Iron, mid they possess all the ' fiuwst qualities ol I bene watses. and are sover eign remedies for all Female diseases, diseas es of long standing, diseases of the liver, bow els, stomach, kidneys, Pulmonary diseases, Eruptions of the skin. Scrofula. Weakuets, Debility. Dyspepsia. Rheumatism, ke.. Are. From the numerous wonderful cure that have o me immediately under my own obser vation within the Inst four years (liy the use of these waters) I am satisfied that this ia tie place for al! whose condition ran be Improved by tbe salubrious character of any water that flows from the earth, and the medicinal qual ities of the same are not excelled. Oar rooms, id both outages and tsther buildings, are large aud pleasant; cottages containing from two to six moms each, suit able for hvg or small families. Many rooms having been already applied for, arrange ments will be made to accommodate a large uumber ol visitors, and it is to be hoped that our Southern people will patronize the Sparkling Catawba, which ought to be the pride of North Carolina, as well aa the South, for no watering place can offer greater ia dih ements for either health or pleasure. The Bar will be supplied with choice liq uors and segars. Good Ten piu Alters. Billiard Tables, oae of which will be of tbe moat approved style. GOOD BATH HOU8E8, for Pool, Plunge or Shower Baths, and Sul phur Baths, hot or cold. A GOOD BAND OF MUSIC, six or more performers, baa been eu gaged for tbe season, and a good Physician perma nently located lor the benefit of invalids. who will have good attention. The Sp. -rUling Catawba this season will be uuder the management of .Mr. JOHN L. EUBANK, (who, for the last three years. has been manager at the Healing Springs in Virginia) assisted by Mrs. M. A. WREN. and visitors may rely upon findiug a good table. The cars, on the Western and Morgantnn Railroad, leave Salisbury every morning. Sunday s excepted, for Hickory Station, tho Springs lb-pot. where harks with gHid dri vers will be ready to take passengers to the Springs; a distance of six miles, over a beautiful, well shaded road. A good LAUNDIt connected wi.h the Springs and washing done at reasonable rates. BOARD. s For lour weeks. $48. Per Week. $15 Per Day, $3. Children under ten years of age and colored serrauts half price. No charge for infants, or children uuder two years of age. lieasonable deductions made for large families ho spend the season. Tickets at reduced rates, or return tickets,; can be had on the different- Railroads to the Spark ling Catawba. ' h J. GOLDEN WYATT & CO.. Spak ling Catawba Springs, Catawba oo.. N. C, June 10, 1870. 2m GOODS GOING DOWN! GOODS GOING DOWN ! Jerusalem " Jas. A. Crump. Karraington " G. F. Howell Fulton 1 Dr. W. R. Sharpe. Clarkesville " Henry C. Holinan. Calahan " D. Ijames. The committee having retired, Maj. W. M. Bobbins, candidate for the Senate from Rowan and Davie, being present, was called upon to address the meeting, proceeded to address the meeting in his usnal forcible manner, urging the citizens to unanimity in the cause and to stand" by the nominees of the part. 1 he committee, thro.igh their Chairman, Dr. W. R. Sharpe, reported the following names as candidates for the various offices : For the Commune James A. Kelly. Sheriff Sam'l A. Kelly. County Coimnissiouers Jas. M. Johns son. v, ui. H. ferry, f. a. Cain. John C. Foard and H. B. Howard For Register of Deeds Eph. Gait her. Coroner it. Jtamea. Surveyor D. liaines. ' Coiiuty Treasurer Mathew Fulford. On motion of M. R. Chaffin the nomina tions were made unanimous by the Rouse. On motion, the proceedings were ordered to be sent to Salisbury papers for publica tion. ' , The meeting then adjourned. H. B. HOWARD. Ch'n. A. A. Harbiw, Sec'y. . .. . . ; : .i I .A ri men" of the law than I heir democratic protofy pes j following opinion was delivered by JccoeGasv of the ancient Campus Martins. Tbev are siriv- ton. ply and trulv, but representatives of the people "If there be difficulties in ascertaining what ( . . . r - , j ' . :c. : .1 .;.. wA .M who remain al home ; sometimes called depu ties, as in t ranee, sometimes delegates, as in Vtfgin pi, oftener as simple representative. Itnt by whatever name known, they are but substi tutes fr snd proxies of the people, and no more 'mcref than the hole is-oide would be were the Article in nnestion rjfeetualfy enacts, we are at least able, with some ..'.-tret, of confidence, to pronounce s hot il dots not enact. 1 1 in no de gree ahrklges tbe eitrlirr franchise, fcvery riti-1 wn,lto.wevcr heretical his religious opinions, has a right to vote in tbe choice of those who make of choning whom thev wontd select tti represent hhev all assembledoc'ether lv the sides of their ! the laws, or who administer to thescrviee of tbe them, there wa a fiTr'd and established rule of I deputies, enjaged in making the very same j Sle. It rnvpH stinnably has no application to i wndruetion prescribing, that hcrcf an d.itmii- ,bw. Lit. HmrtTtx i Tke Early Bird Catckn tk Wormk colored voter came to the city from the coun try at the late election, and voted at sunrise. He had walked so far, however, that he waa tired out, and after getting tie weight v sub ject ol voting off hfs mind, he laid himself "doWn in the vicinity of tha polls and fell asleep. When the sleeper awoke be was accosted with a proposition of reward if he would not vote. It is needless to say that having voted he took what was thus offered him and went on his way. chuckling to himself. V. WALLACE. No. 3, Granite Row, Salisbury, N. 0., II A8 JUST ARRIVED FRO V thk North with a full and wll selected Stock which he offers to the public at orioes lower than any house in the market, having pur chased .hem during the decline in the North ern markets. All I desire is a call, and I am confident that you will not leave inv store without be ing pleased, not only with the Goods, but with th- LOW PRICES My stock consists in part of ' ..M.4S t;-l '(,-.' VH ' Ladies' Dress Goods. Trimmings of all kinds, G UNTIE MEN'S FURNISHING GOODS. HATS, CAPS, BOOT8 k SHOES, and a full line .of GROCERIES, and a great many other articles not here eun - inerated. tW Come and examine my stosk of Goods before purchasing elsewhere. V. WALLACE. No. 3. Granite Row, Sausbubv, N. C. - Jum HL lfiTlh. 83 3 . HEAL ESTATE FOR SALE. IN PURSUANCE OF a Decree of the Superior Court of Rowan Coun- S, made at Kali Term 1869, in the case of John Ufhea, Adm'r. of John W. Ellia, and others against J.G. Fleming and David Fleming, hx'rs. of X. If . Fleming, and Burton Craige and A. M. Kesbitt, I will offer-for sale, at Pub lic Auction, at the Court House door, in the town of Salisbury, on Tuesday, tlie 0th day of July neat, at 12 o'clock, M., the following pro perty, via : The two Brick Offices on Council Street, oo- prndte the Coort House, known aa Xos, I and 2, Council Row, now occupied by Mrs. Carncroas, and Met in. Boyden A Bailey. Term" cash. JOHN a HENDERSON, June 10, 23:4t Commissioner. Diarrhoea Cordial. RIM PI. K, SAFE, PLEASANT, AND A Sure Remedy for thin very distressing affection. It procures immediate reiic-nd if used in tlie earlyi stages of the dieae. a few does will sh certainly arrest it, as it is taken, fttf up, with I f"" directions, and sold at 25 and b cents a i Ix.ttle. Only g to htmseir. "you can"t I At K ST I.L'S Drug Store, Salisbury. 'retertburg wdrx. j JJtetltft i
Carolina Watchman (Salisbury, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
June 10, 1870, edition 1
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