-).. VOL. XXIX. RALEIGH, N. C. WEDNESDAY, OCTOBER 31. 1S39. ,NO. 45. THOMAS J. LE W AT", 'jDITOR AXD PROPRIETOR., tkbxyis. Svtcntmot,' three dollar peranatn en kair in advene. ,-!.. . retidtn- w.th.nt tb 8ta1e will be required py the wWe amount ol the year .ubter.pt .os m anvance. RATES OK ADVERTISING. Far every square (not exceeding 18 line this rte tvpe) Grit insertion, on didler. each ub- tfTient insertion, twfmy.n.e ren.s. rill Oe El irijr'i ..h; , - - Lieiinn nf.wt percent, will be mndr from refill"'" price Inr sdvcrlisert by the year, LHtert to the fc. i.ior must he po.-p,,... l- . ... .. .. Stale of Nona uarotiua. j If .- f'mniv. cnerior Court of Law-Spring Term. " ' 1858. , A Neighbor ft u'iinm Neighbori Pcti- lion for Divorce. , JOTCS-h kTiMtul, and pr'Hl.maii-.nl.rina; been mmle at! ihrOirt HovLe ioor, for ihe party in appear ,d,,w.r acor.l.nR o a o. A.ra..., ' -icn ..... mV !! nriwiJct'i n ' here-fore ordered, ibtt anbliearton be n"'e fr three mon(h 1 the " r. m .1 lltAaa nearjkOiara itfsrilMl albr City l KlRh. that i.nlr the nij ViJ. (Km Xeinl.bor par at ihe nrt Term of iarl Oirl. lo be held on llieJlrM Mondiiy alter the ,rih Vlonilar of 8epn-nT)5irm!l,, awl pi .-.!, ail-. tter or demur to the Plainliff't betiitoii, it will lie fcrtnl rt pi re, aid judgmrnl prt conjefi ruler ti iiriio.l him. II. R H WKS.C. S.C. (Prite d. $7 SO) iS lui Knitter. ; - - 'UII.MAli WCAI Oi CO. M.I YUF.1CTUUEH.S OF N0 27. jVorfA Tti Street, J'ljUadelphia, back of Merchants' Uolil The only ;ublihmeni in ihe City tlerolr'1 e- eiiHireiy m uumirn. COUNTKV Merchant are tupplicd t Vn arturer priee. ami their t;'e inmrrd from hreukin to any pail of lb Union, without ca irn rharge. Thnie who mr hare orrfrri for large Ght, would do well to inform by letter, nreTiou 4o their tominu on, of Ihe ize of the plate, and the kind of trame they may wtnt,( whether ol tJili, Malurny or Maible.J that the article may be fijaiitaetureil eiprentlj fur the oeeaion. Merchant honld give llieir order for Look in; (ilaitrt the fir.t thing on (heir arrival, lo en title them well put up. September t, 40 9r dkTw. W. MARSH AtlS Ointment for the BlfHd Piles. Thit inraluable remedy haaieen teveral trtrl hrl'ore the public; it virtue end efficacy lure hern well leMed, and, in numerous innan eei.in the mod aggiavatrd formaof the Hiteare. In nut a tolnarT case hat it been known to tail in effecting a cure. Many verteapeelaMeprr. ! .nni llivr UUrilC iciuinjnj i" n.riuwiiimiinj wliiim ii the Ke. Wm. A. Smith, of the M. K Church, and Kditor of the Uontercoce Jonrnal, alio, Iron, hi' own experience, confidently re enromendt it to the public at "A earc, aoatii asn arnriKKT RiMtnr." It may be had at the Store of R. TUCKER, Agent. Italeieh, N . C. ViLUAltl.r LAND FOit SALE XEAR RALEIGH. The underiirned offer tor ale a very valuable tract of land, lying nve anile veil at Ktlrigh, combining, about SOU acret, ihe greater part ot which it uncleared, well limbered. well watered, uhtyanyTn it equal in leruliiv to any ennnty. It hat on it a dwelling and niher limlu inr., with apringt nt eicelleat water convenient. The situation ta remarkably healthy ami beauti ful, ami would make a very drairable reaidenc to any person wishing to locale near the City. A farther deecriplinn it deemed unnecessary, at arrtont ilciiting to purchase .will no doebt first view the premises. A great bargain nay bad, M aarly application be made. JANE WILLIAMS. Hsleigh. Sept. 96, I I3S 40 If BooUs hsaiul More Itoolia!! TUH.YKH (J HUGHES, VnMi.liers and Bnnlitpllert, have often re wiinited the good cilitra. of North Carolina l the very eatrnsive stock of ROOKS kept on html, mil being added to by weekly arrivalt; hut they teen, to have fnrenltt'n the lact. In ei der to refresh tjieir anemones, they deem it e eMwry occasifiaallv lo lay before them eala If i of a very small pmiinn of rrccat arrival lirtd thetotlnwing tbrn call al Ko. I. cheap side, sad avail yourselves of the opportanily el Life of Arthur l.e, rt lee, S vol 1 lie 4tkauu $j rh advertisements o'f Cle. M mt Sheriff, fj ,,m; r:fl M,,J,, Multic-lutis ' U',,'c1'' the benediction W pro 'M b oH--4.N per cent, higher, and a W-. .' ".T " Tf ,.Mtt!ca,l pounced. SSV the , Patriot. shv that I.. L. 'li b rifirirTfiTvn0 Life ?f Thomar Jcflerso,., ith psrltof liienriTtnonitenoe. bv Gen. Tuck r, mis. Works ol Joseph Aditimn ia vol. Travel, in Europe, hy Wilber Kitk, I). D I vo. The work of ChaOft Lamb, with hit life and letter, hy-. frst1md, irnl Webster' leches, t vols! Wirt' Litenf Patrick Hen- wntiiii'rnrip- n v w m r-i a si i m vc trtearn'a Wnrlis, 1 vo. Lite of Bir Waller Scon, by J. (r. Uckhart, 8 vol. Al Ise I Life of Keti 1 n s,.h.uui.-.ic..i. iil. wis. H6lnV Aneiewt IBrtorr. Hlu. trk s Live 4 vol. Stewart 't wo. ka in T vola. Jlietary of t,. Political System of Europe and hL . ' fro,n "''teoreiy of America to , "'Wiwodenee ol lb Ameriean Continent, !, tiernsaw of A. II. Heeron, f vol. "Wia tHiatory of North C-rolina Hi.lorv "OwHorte. I n. Mclntoth't Kevolution in 'd I in I68S, 1 vo. Wranall'a Memoir. 1 taibhon' 1 1 itiory of Home, 4 vo . Embss T te 'the Eattern flnurt rf Co. hin China, Sinai t Mswat, in the V. S. Sloop of W.r Peacock. atobe, ta, 1 vn. Memoir of Conirao TC "T. o. L'pliam't MenUl Philotn. U.L "aeon' vniki, 10 vo. B.rnrll's m ni own time, 6 v "rks complete in one vo. Tuckrl Light ttre 4 vo. Complete work of Voltair? 18 . m '"""kt.lOvol. Swiff, work. 19 vol, rrtish K.M.yi.t, S vol.. aV..- "Si,!h '" 0B ,h " nm- Jul. 7 TIT"- TURNER k HUGHES. . wrioer "'0'lerton Uep.it ". 1 ,ul,eriber havn,c uerm.nes.tlv l,xt,d .1 oa tiie IL.;.-.h -msil, Iwo mile. ...k .J17 .:.:"''"' '"''. ucii.nru. tuai. SCr". f the judgment of the Patriot i. to Kiad . n "? """ eontigned to be relied on, must have: been a very ori- ""eu tolX'LlJ, ? S'""1 -n'1 ioqaent sermon: I. - Ki ec?remided me of the lyre tt dl J. ' on iia reception when reomrrd. of FimotheUS. acting on the mind of fe:." orPhilip-produring alter- ' tnateij mile and a tear. ISow. the onp. '"i-itc cqnaimn in both the bi- ' n"' Northern markota - a-: W.. -'"ge. In Sushies Hilt kU m.,M , - era nim ttati . partteuiar aud andivided au "tira taT k. i- j. wnu.vR.en at- ,,- - . . " .'ti .. l. 1 - -vuvrii ., D- R" Y0UN'G- wBatureron the expiring sinner and the I,:IM;tHM,, (dying .aim, on the tesurrection morn; Ha- " M- D,CB. Koshoro. ' judgment day; and as the hearer "dmo. Graaviiie c. J. c. ai. tgs, listened in breathless attention, ".- vs. , s tf '' f'ter t.11 tWhiJ. D.B.T. Application will be made to the neat (et.cral Assembly tor An A el le meneipate Hob, commonly called Bd known by ,.he.","B.of 'Boh the property f V illi.in H.ll of th Chy of Raleigh. Sept. 29, l3r 41 if ine ivev. stuocr We Her nte la' St sT. A.a - - . the Editorjof tf.e Halifax Advocate as' follows: . j Free ., f,., A..;t t ..i... I I li i . plant tir one Hollar at Baltimore aiier havmg read A ltSCI iption of this kind . (f Mutb,.rry in ,,e American Farmer, land liaviitir conrli.dod fr I. -r . . . . ",en fl0,..n' M periodical. t!. .t (he ncvy plant, lately intrmluceil from the Cliinese Empire, and taid to have been one of the greatest sources of its vast a?" .J? crown With Complete SUCCe, the Silk cnter- prise iii the United States. I tried it a, from Pasfi f propila,i)n ar.e . , , i nuMenvii hibc ness of leaf, and other vastlr superior properties, more and more evinced, I have never ceased to entertain this 118 -0." . ...... . ..... ....v.- ,u? tui. u p..e.,u. ... r . v ,.c..etrre .n us propagation. ami to try to awaken others to view,.,. , 4Iir1 fnf , fir, I the great importance of the Mullicauiii to the prosperity ot our State ami countiy. Mr. Spencer ol Lou.sburg (wo lot of tree.. a.n now selling. having been purchased by lu.u ex- fuT?J . eh"1! ,lK''' r',U"'?Se the South,) urged me at first to try fin appearance against hope; to circulate the Multicaulis in rhis State, alle'dging as a motive, that if from a Mulberry Orchard in t!;c North 500 dollars an nua'i'y ""as madi clear by an acre, how much more eM1-in t!e Smith, could be done, if (he people1 could only be a- woke up to the importance if the- mat- terj since our climate at.J 'u were much better fitted fur the M'uiVrry and Silk culture. In the spirit f this advice, and the desire to benefit the South I sold the Mu-lticaulU ten per cent less than it sold for in the Northern ..nurseries. And now, I the stock I ad- would d igrc s to say, vertise'iiv your paper, is at much lower rate thati more Notherly; for instance, cmimgs i am c.c.i.o.y miormeu, now sell at Richmond, Baltimore and Phil- ilelllu at 3 cents a bud. And let me say here that this last I believe con siderable stock for sale in this slate, will be taken very snori, and those wishing to secure a supply of it should uo so speedily. 1 wo days since a gen tleinan came on purpose from Peters-, burg to engage 2000 dollars worth, bating percentage for large trade, and no departure asked if writing in a few days, he might probably secure 2000 dollars worth more., on the same terms. The reply . was 'if not all en- "ased:" And almost, every week I le";r!'. "'"'r application tor toe mu.ucnuiia vines. But to return to my own past!c,)f.a ;n he hmMt nn, nMr ev. experience with the New Chinese, Ac- e ry other article ia proportion." We cording to a rough calculation, I nave sold up to the close of my salts last spring upwards of 2000 dollars worth. And my own stock engaged (it is still growing and increasing in value or measurement by the foot and will do so till hard frost J will probably bring me in the neighbourhood of 8000 dol lars; although at half the price th- ar ticle is now selling for at Mr. Spen cer's low Southern rates. So you see, I calculate to realize, bating comparatively trifling expenses of cul tivation and the like, about Rl 0.000 at close of this season, not to name 1 . t i . r . - and a I this '.torn the investment ol a inrai - cai' p it n o j.n nr i ha v no uro i u it-a nil- i dollar caused by the knoweldrje ob taincd through an Agricultural Peri odical. Kut 1 have become tedious and must defer other matter to another time fr your print. Respectfully, Yours, ic. SIDNEY WELLER. SomCTh,ko Naw.The "patriot." of Quincy. Massachusetts, states that the Methodist chapel in that place, a new and beaatiful edifice, ".was recent ly dedicated-to. Almighty God, and that what adtled to the interest of the meeting was (he number of ministers wnu woe iFii-Bt-.ii am. asi'cu in ine .(i r . a- i services. I he first prayer waa oSercd i ...i. ., i i ...i ' . , .... ! by the Kev. Mr. Miner, l.!y .e.,inB.jRev. Mr. Poole, a Mctho.lUt, read ,i,e . a iH'uitu i me; first anthem; the Rev. Mr. Wokott, an Episcopalian, reail the Scriptures, the fee. 'Mr. Spalding a Me hoJiit made the dedicatorr Tir.vert a i1m then read by the Rev. Mr. Spald-i t?n:nmmms.t;i- a,i,:ni. was :mg, a was sung in fine atvlei when that indefatigable the Rev. E. T. R friend ot the Sailor. nr.. . L... . ti.ii.j,'.i j.i:.. .1 ..1... eloquent npeKiit( D? a quajQt cuinpar m"."- . . . lion nr a liannv remark, wnul.l arnta . . . . j- . 1 1 J 1 u .1 a ..e, n.xj 111.11 i.c uwtn on ui- . . . - - ...... r j vina nil inesi! an ine nnvprrv m human' "Joy lev with downcast took he Devolving in his altered soul The variou turn of fate belosri And now and then a sigh he Hole, And tear brgano flow." The choir then sung an anthem, read by the Rev. Mr. Banfield, of the so- ; ciety s denominated Chrtslain; after whirh nr...r .... n(r.. i-. -i r. Mr. Cornell, a Conprtgationalist. The Re. Mr. .M'Cieading, a Methodist, rea' ' doxology, after the ainsinit . - , ' j . veneraoie tamer oi me uosnel. t he 'V' T' " -ej ?' U, U Church. CWmm &laleman. Rev. Mr. Whitney of the Unitarian By the following extract of a letter from Col, White, of Fiorida. dated Liverpool, 2d July, it will be seen that, though absent, he is taborng with us, and fur, us. It will give his numer ous friends here siticcieTeasure to learn that he may shortly be expected among them: "I have been activety cngnged, how ever, in promoting the .great object 1 first proposed five years ago, to wit. H;rect tr)((e f(.om Eu W(h (he Souhcrn DOrU, r)(, not start wht.n i ma n . l .,... . ,i,;- ',,. . , af ,n &nt . . C)lro,ina, T,)c fir S(lntmer I visited Europe I Mtt tM acquaintance of all those bouses that desired to enter the com- nelition fr Amcrican trade. and be- forc ,,avin!I En,afld I4miuced them to sen.l nine vessels to the Gulf 0f gat gtaiiuson o yecmus, the ong.nal Mexico. In a letter that was then Pilt7'e' er,.t.ere,, ,n' a" S,,n,t on published. I stated that the Southern 1,18 JOth of May, L27. I o this agree people lost 0 per cent, upon their mcnt.a chilrl ppenileJ.which as k u ..i.. certamed the site of Cape Uenlonen. , , ; (,,1Ilht. .k;mnll jtjig rone. ivioic tatt uc vi .m-H v- . ' . ,, . ,u planalions to proinole this object than ii . ii ir-. : i ir c L v " Theb t is ti, be' . , ', , . . ,mz, l.ikn ii n her viitli nrnrtiral cummer- v , r , .. f. 7 . ..... .... ciai men anu cannaiist. i navq imi I. i !..f- i i - .,,, i f. fi-nm fiUun-nvc. in Scotland, a ;t. ,h . h incr,,j fllMer in fi,r : - .i .i.i : J . -: ... same time, and which is now reariy i equal to u.verpmu W . . v . i. . . r- commissions, port charges, and double Inai u?Pe slor3?cs. by carrying every thing to hs "-f. Baltimore became New YorfcYor transshipment to Eo- with this ngreement, and i ro i it i i r a unit s p inkii rM f 1 a I II- . .. www-na, IIIICi commerce ami manufactories. I hey ; consume in the town 100,000 bales of LOCQVOCO ELECTION FRAUDS. cottonfcand are as anxious as we are The Loco Focos in New Jersy as I for direct trade. I have endeavored well as those in Pennsylvania resorted .to induce the merchants at Havre; to alt sorts of frauds to receive their 'Antwerp. Amsterdam, London, Liver- cVeU both before and during the 'pool, and Glasgow, to send out agents- lection: One of the most barefaced is 'this winter to Florida to invest money the following transaction. A corres jin houses, to establish branch houses, pondencn was publish in the . Hunter land to import and export directly to don Democrat, a Lico Foco paper, a ;and from the Gulf of Mexico- My i.. i, ,. i m m,..r c.n. uine expectations. The results will ,,,, ,nan rRl nuP h,v nir -nil ten rents , (, K.,c ci,ies built up. ships owned, ' I . '- i i - l..M!it.M-.A iimI aim coinmerce hi na iriiuuiiaic;, ww, coastwise sense. "I have been in communication with persons in olTic-in London on the subject of Their timber law. There is every prospect of a change in this res-jintl pact, and if that takes place, and the tluty is removed upon foreign timber, it will be more advantageous to Flori da than the mines of Mexico." THE PIRATE AND THE DOVE, T ie lolhwing interesting fact is re- Hated hv Audubon in his Ornitholo- Bloirraiihv. In sneakinir ol ihe laiCll V V . i u-1 u wi .n; u .ij- T.. I.., ; s besl?A-mirrrTM-r . . ' . .i. was once a pirate assuren, me mat uauuum mmc uc.u.c me e- several times, while at certain wells Action all over the State, and without dug in the burning, shelly stands of a doubt had its effects on the election, weU known kev, whi. h must be here jt before the election, nameless, the soft ami melancholy cry j Brewster published the correspon of the doves awoke in his breast feel"-, dence in the Hunterdon Democrat, in incr whieh had lon-r slumberedrmelterl ;isting that-the-rrrst letter :jwacerru to repentance, andcautl hint rr l t r rwa t . , a briit in siair ill ill I t r I m ' "v BFW , , . which he o.nlv who compares ttie wretchedness of guilt within him with the happiness of former innocence, can trulv feel. He said he never left the place without increased fears of futuri ... ..I ... .... . i i ... 1. . i , . n iv. associateu n nc was, aiimiuiu . uc- , , ... , . . , . lieve bv foice. wi h a band o the nvnt . - V, " . . desperate villiansthat evera iinnoyed the navigation ot the norma coast, oo . . , , r,, - o .. . m , J, i b',d' ,n'1 especially by those ol a dove, he onlr aiwth.ng .ou..dahe ever heard "ur.ng n.s .lie oi norrors, .i.a. .... .uS heie Pntive note and them a. was induced to escape troin X to escape Irom his ves 9riv ttUstlltlUIt 1119 IU1UUICI11 VI'IIII"!'"" maI a-. .. A..l-...l..ei onm nn F inns and return to a family deploring his absence. After paying a parting visit to those wells, and listening once more to the cooings of the Zanaida dove, he poured his suul in supplication for mercy, and once more became what one has said to be 'the noblest work of God.' an honest man. His escape was effected amidst difficulties and dan- gersi but no danger seemed to him to 1 1 1 ... .1 . .. r tin o i 11 no i-'itii. uriTn 1 1 1 i iianmr i biii i.iv.i.x ... 11. c .n anu'i vi hh'h.i' it:u:MM ;n . u .. .. : .. t . . . -.r u n n . 1 .1 . ""i'"1 "v " " -- . 7 , , ,. a vinelawaiand now he lives in peace in the midstof his friends. .-:- .i . . Mruon't find I)ixon'$ Line. This tin; is Yvry frequently referred to, in debate ar. conversation. A corres pondent requests us to jive li'uu the history and location of it, and to com ply, 'we borrow the following explana tion from- the Salem Gazette: " Tliis boundary is termed from I he names of Charles Mason and Jere. mia'i Dixon the two gentlemen who were appointed to run unfinished lines in l"6l, between Pensylvjui. and Ma ryland, on Ihe territories subjected' to the heirs of Fenn and Lord Baltimore. A temporary line had hcen run in 1T59, but had not given satfesUciion to the disputing parties, although it rvsulietl from an agreement in 1733 beiwe.-n themselves. A ilecre had been made in IGI8. hy kim James, tlelineaiiiij; the boundaries between the lands javeo by character to the first Lord Balti more, and those adjudged to his maje ty (afterward toU'iiluin PeniiMvhich divided the tract of land between WtHwe Bay-ad the Eastern sea on one side, and the Chesapeake H ty on th other, by a line erjual.lv intersec ting it, drawn from Cape Henlopen, t. the 4th degree of North latitude. A decree in chancery rendered the Hinn's decree imnerative. Rn UllJ situation of flenlotien he- came lonz a suhiect of serinus. protractetl, and expensive lttig;tiion, particularly after the tleatb of Penn. in IH8, and of Lord B ilt.morein 1714; nil John and Richard and Toma. Penn. H" hd become the sole proprietor ?.f,h.A'"cr,cf " 1" of tl.ir fa- 1 ,er ,Il'm d Ce-clius, Lord I5.il- grandson of Char e. n,l and delineated a division by an East West running westward . . . . , , . ry suit kingly decrees, and pronneto .rra?i(. fM ' v ," , ry arrangements l.illowed, which e fnrb.ir of tuiiiinins.niiers to run tne temporary ...... . . ' .. line. ' bis was enectetl in 1T39. Uui , i , i IIia rat.afk in rlianrarw licmo ilaf.iJil in .J. " pointed, who could nt, however. ap. a- rree. and the nuestion remained onen f.. , ,. .in iu. mien me line was till 1761. when the line run M(1(rL Ma.(in and ni.nn. "J lew tiay previous lo the election, pur nurtinufn haia itan niap k..t.nn Mr. B.-ldle and Mr. Brewster of Mil- lord. Mr. JJiddle is made to sai in his letter, which is dated June 27, 1838. that, 'Tho directors of the United Slates Bank have thouo-ht it advisable tnH . li n i I ha fn fn inh a.I ... I . L . fl . 1 ; .mi in.ncii t...u numuiuii. money to carry the election, and secretly buy voles." The letter urges Brewster to activity., in the cause, ami to spare neither pains nor 'expenses, authorises him t, draw on the uink lor 8500 tor Ins exp?ntes. - Brewster, believing the letter to be reiluine, addressed a letter to Mr. Bitlille, accepting the offer of the bank, and nromistnz to perform-the required services with zeal. Mr. Diddle, in reply exposed ihe forgery, he knew nothing ol Urewster .nor at the let ter l.t-wrgcraamcx.luiateu in i ii.:ii r t .r.: r.- Thia fnrtred letter wa. eireolated j Is " i ' 1 e i iently chagrined at the loss of his U500 u v v niiw n iau aiw in , , . w i iani having been made a lool into the bargain The trick, however, was well got up and the publication nf the lorged letier served the purposes ol the party just as well, and gained them as many votes, as if it had been genuine. The leader of their party know we I enough that argument is a useless instrument in their hands, but if they can convince honest voters that the monster is try-ing-tibu v them up and use them to defeat the Administration, their patri otism is aroused, ami they come in hun tlreds to Ihe polls. The expression of similar Irauds will account lor the large Loco roco majorities in many coun ties both in Pennsylvania and New Jersey.--V. Y. Etprett. - The influence of woman is excellent wherever it ia exerted. ' It is no flat tery to call the other sex "the fairest and best portion of creation. " The late election in Philadelphia city is stid to have been one of the most quiet and orderly ever herd and as a rea son for Ibis it is stated that number! of females came out to look at the "lords of creation" exercising their preroga tive. Their presence quelled eery thing like riot or disorder. Me'i could not wrangle and agrace them selves under foe very eyea of their wives and daughters. Jlltx. Gat inil 1' aiat Iih cuueavoreu hi invalidate it. ciiance- CO.TIHUXICATIOX. ron THS STAR. QUALIFICATION OF MEMBERS OF THE LEGISLATURE. Mr. Editor Every intelligent ob server of human government must now be sensible, that ihe great degree 'of lib rfy-enjoyed by the republics of the present day, is mainly attributable to written constitutions. Tliee lay the foundations of In e institutions, ami fix I ine lami'tiarKs oi power. UnnL.rmity j thereto s'vt the present, and wid en j sure the Ititnre. enjoyment of frcet(im. llepaitnre toerelro.n destroys ihe pres ent, and will annihilate all future, pros pert nf lihert v: Not that any con stitution is pcrfort. but eveh the worst atnnnt us. tinviolatetl, contains e noug'i of the vital elements of national 'freedom r secure its b!esin. It is ime that s'.me portiims of most consfi tutinns might well be l.i"ft out, without marring the 'itilit v of the residue; but this, however obvious, tan never x euc if neg'ert or its violation; for then each citir.cn miijlit find a useless portion to he rejected, as interest o passion might prompt- Tlie only safe guard which true lovers of liberty can ai-knowledge as efficient to preserve the intended blessings of a constitution, is, to adhere, under all circumstances, to each and every part of it; holding ev ery word, siHable and letier as a sen tinel of freedom, not to be displaced, without the danger ol leaving tlelence I ess some pirint at which ihe'Tnipor tant citadel-, in an evil hour, may be in vaded. A question of constitutional qualifi cation of members of the legislature has, recently, been the thenv; of much discussion. It is, whether the-ofhret of the State, commonly called the Coun ty Attorney, may be chosen a member of either branch of the General Assem bly That question arises under the 4th section of the 4th article of the amend ment of the constitution, which is in the following word: No person who alii.il hoM any office or place of trust or profit under Ihe United Stales, or any department thereof, or under this atate or any o her .late or government, shall hold or exercie any other office or place of trust ot profit under the State, or he eligible toa teal in either hoove of the General Asaeinlily: Provided lint nothing herein contained hli extend to officers in the militia or justice! of the pesc".''? H I propose to discuss Ihe question. Before I begin, however, it may be use ful to possess my renders nf some infor mation which may the better cnahlr them to view the question in a more extended li&h.t. I ' Before the adoption of lUia section, as a part nf our constitutional law , the evil of permitting persons to hold, al the same time, several offices or places of trust or profit under the Stateoriii hold offices or places of trust or profit under the State, and at the name time offices or places ol a similar nature, un der the United Sta'es. had become so apparent that Ihe authority of the leg islature was ol ten invoked to prevent it in some degree. Tin jealousy of our fathers, on tins matler, was almost coeval with the adoption nf the federal constitution. By an act passed in 1790, it is declared that "no person in this State shall hold at one and the same time, any office of trust, profit or emolument under the anthoi ity of the United Slates, and any office or author ity either civil, military judiciary or otherwise under the authority of this state." In the year 1792, nrnallr of two handreil pnutl. irimposed on all per sons, who, holding an office or appoint shall net in i any office or appointment from the Congress of the United States. or any department thereof, without re signing his Slate nnniiintinent. In 1796 & 1811, further acts were passed by thejegislaiure. evincing a progres sive increase of ihe jealousy of 1790. These acts are now embodied in one, to be found in Rev. Stat. Vol. 1. ch. 80. pages 441&442. By many, the aforesaid acts of the leg islature have been deemed to be uncon stitutional, so far as they introduced new :e. e ,J . . quaiiucanons oi memoers oi the Uen eral Assembly and created causes of exclusion not known to the then exis ting constitution. That charter had defined the qualifications of members ami had created many cases of exclu sion. And it is a general rule in the interpretation of such instruments, that when they undertake to specify par ticular causes of exclusion, the legis lature cannot add others. By sections au, 7, as, ay. so, at 31, peraons holding certain enumerated offices are excluded from "Being members -of the legislature; and it was nut deemed com petent for any authority, less than that which made the constitution, to carry the subject ofexclosion furlhertbao that instrument did. Hence it waa that the effective operation of the before reci ted acts was very restricted, and, in deed, became almost dead letters on our statute book. That article of the constitution, which forbade the holding of "more than one lucrative office at any one time M failed to reach a very large number of offices or :lacea iuto ded to be embraced by the acts refer red to. For there ..are many office, places and appo'm'ment which were notdecoiyd to be lucalivc; a:id it w as early settled that membership of our legislative bodies was not, in the mean ing uf the constitution, a lucrative office. It was held to be a place of trust. . Among the officers designated in the' original constitution, as excluded from seats in the legislature, the tounty at lorney is not named. He was, there fore, not excluded by the old constitu tion. He was not embrared in Ihe leg islative enactment before recited, for they relate to offices under two distinct governments, snd. for the reasons al ready rendered, he was not excluded by the clau-te. forbidding the holding, at the some time, of two lucrative uni K ' - ! ces. The revisetl art heretofore cited not only embodies the old act upon the subject, hut incorporates ihe language of the 4th section of the 4th article of the amended ronsiitutiotit and. in der the penalty t.fiwo hundred dollars, substance, dec ar-s that no person, un shall hold two offices or places of trust under theSta'e;nor shall anyone, hol ding one office or place of trust r profit nnd.-r the State, hold a seat in the Uen eral Assembly. It is not, however, by this or any other act of ihe legislature: that I propose In discuss the question, -but by the words of the constitution, as it has been in force since' the firt of January, 183C. - . T simplify the section, aa far as it applies to the su'iject proposed ror lis- cuMuon, it win can tnus: no person wyto shall hold an office or place of trust or profit under the State, shall hold an oth'roiTire or place uf trust or profit or be eligible lo a seat in either house of the gem-rat assembly." I propose tlte following points! - 1. Is the oiTic or place of county attorney" an office or place of trust or profit under I lie See? 2. What is the meaning of the terra "eligible to a seat?" 3. When does membership of the general assembly begin and end? ' First. Is the office or place of 'coun ty attorney" or "county solicitor,' a -he js often called in the act relating to him. nn nffii e or place uf trust or profit nnilet the Stater The language here used in the con-, stitution fiipoidiall argument about the meaning of "officei for if it beffot'an office it is a plate: ixih, if not an office or place of profit, it is ctr'aMy one of frt'. Our legislature, however, hae uniformity designated the appointment as an office, and the holders si tiffi. ers. See act of 1777, 1816, 1822. And having fees annexed to it, it is un rjjlcl of profit Is it held under ihe StateP It is true (he office is fit ed by the coun ty court, but it is filled on behalf of ihe State. The creation o the office proves this. The several Courts of Pleas and Quarter Sessions, a nTsjiMrTf j" of the justices being present, shall ap point an attorney, properly qualified, to act for and in behalf of the Slate in the respective counties, who shall hold his office during the t.erm of four years, ami shall ami may prosreute all matters cognizable in the Court of Pleas and Quarler Sessions, wherein he ihall ba appointed, fur and in behalf of aha State" As soon as he is chosen by the County Court, lie is an officer of the A7e, charged wifh the prosecution. on behalf o the Sa'e, of all that por. tion of the criminal 4aw assigned to the jurisdiction of the cifunty courts, Ilia ....'. ... . 'l C . e uu'iea ure cnjoincu, anu nis ices, lur their performances, are used by a pub tic, general law, snd he-becomes a con stituent part uf the court, in the ad ministration of criminal justice. Te U t,lB conductor of Sa trulsTin to the court, its legal adviser in Stme mat. ters. I he character of his office dif fers from that of solicitors and attorney general in nothing, save the number of courts assigned to each. Fur, the eitent of jurisdiction is incident lo the court, and not to his office. If the ju risdiction is increased or diminished, as is frequently the cise, his, office rev mains the same. The county court lias no rcgninnre of offences the punishment whereof ex tends to life, limb, or member) but if the jurisdiction of that court were matte coequal with that of the Superior Court, and tlie crime of murder and rape should become matters cognizable" therein, he would prosecute them as he now doea petit larceny and batteries. If thia revolution in our criminal law shouttl ever take place, his duties would be augmented, and thoe of the Attor ney and Strliritor General would be di minished; but this change would effect no change in the nalu e of the offices, lie nto acts fur the State in mutters cngniiable in the county court. The Solicitors and Attorney Gener al act fur .1 r. . . ....li. . . tne state in matters cogniz,suie in tne Superior Court. lie is as much a' State officer a they, and the mode of his an. poTinfnent determines the nature neith er of his or any other office. The slier, iff and clerks are now elected bv the people! yet their offices are thtt same a when appointed by the Courts the are now, and always have been, office imrfer tht State. The Clerk snd Mae. ter in Equity rec-ive his appointm-nt from a single Judge, yet his ti office . under the State, .because r -he natur nfhis dntiea." A trutep .f the Uniter- lity holds a plat e of trust, an doesa I rv

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