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i
THE FAYETTEVILLE NEWS.
. i 1 - i - .. ,1 , , I '
' - TUESDAY, JUNE 19, 1866.T . 1
.
:j We fear we live iu degenerate days. If the history
of the world, ' be not from end to .end an unmitigated
lie, human nature is worse at this present, than at any
previous period,, since the enlightened teaching of
civilization began to dispel that darkness in which the
cloud of mediaeval ignorance shrouded the world.
. Worldly wisdom may be in these days a wiser thing
than it used to be in the good old times when Washing
ton was alive, the idol of the people whose battles be
had fought for independence to a successful issue,
Men may not in those days have cut the right teeth, -to
insure success in all the human undertakings In which
they engaged; but of one fact we are asssuredj whether
they were as keen in establishing their dogmas, and
instituting measures for the fostering of their; own in
terests, at least they were an honester people, they
were a more chivalrous people, they obeyed more im
plicitly the divine and human laws, and held in more
sacred respeeti all the teachings, of conservatism and
nonqr. . .
It is enough to drive a man crazy with amazement
to read the annals of the revolutionary and ante-revo-utionary
times in America, and then turn thenoe to
more modern records which tell of the achieve
ments of the same people within the last ten years.
Then those primitive formers of j tie American gov
eminent entertained notions of fairness, and nonor
self government which they declared to be inalienable
. i I
aud, solemnly pledged their lives, their fortunes and
their, sacred honors to sustain that declaration. What
funny old fellows, they ! were! How entirely crazy!
How utterly unworthy to have beeivthe fathers of those
men who have instituted the new school of j political
ethics! Now the very recollections which once cluster
ed about their graves ancl so hallowed our land with a
reputation that no country of the world ever
enjoyed
before, are being forgotten ; and those who now in their
places rule the destiny of this people, have! reared a
banner instead of that which they left planted, bearing
on.its folds inscriptions of Teuth, Modebation, Jus
tice, Integbity, a, panner instead oi tms, on
which might well be' written such mottoes as would
reflect anything but credit on those who have convert-
ed tbeJ Senate Chamber and Representative Hall of, a
great nation into a den of the worst kind of Radical
puritanical plebians. '-' ' . ' j
, ' If we 'do not 'write under a hallucination and are not
dreaming the veriest dreaim that ever darted through
the clouded brain of a raving maniac, there have been
scenes enacted on the soil of the American Continent
within the last five years which would have recalljed
these revolutionary slumberers from their graves .to
:cry aloud for humanity's sake if the cerements of the
tqmbf might have been divested. j
Men who have been iln jthe places of dignity which
swch statesmen as Webster and Clay and Calhoun once
occupied with so much distinguished , capacity, halve
given but for the generations of these days a new code
of political law and a new philosophy which however
much better it may answer their ends, certainly re
iflectsf but little credit on the hearts-from whence its
doctrines emanate, and does not contribute much to-
" ' j j - i I
wards making a great' trans-Atlan4ic reputation for
this race and age of American politicians. . j-
Thepolitical school to which we have reference pre
fers the rogue to the honest man, and encourages and
applauds rascality; it jteaches that honor is only - a
name, a myth, and that when' treachery may be .made
available it is eminently proper to resort to it for jas
jjistance ; lb teaches that truth has found a better sub
stitute in falsehood, that cruelty should conquer
magnanimity; and it does not scruple to do tyrannious
injustice to a helples;
a people when through this agency
Kgnity of th agrarian fcUowers,
the Interests and ma:
on whose support they rely for continuance in position,
tt irr Trvt" Annrirtnnnna in nnoifiA t
may be promoted and gratified. ' . '
This may be a delightful doctrine for little men,
who have none of the elements of greatness to sustain
them ; tliis may be a source of much satisfaction to
ih'e pigmies who now . constitute the statesmen of a
iaiid which once had no compeer' among the nations;
fcuf however this may jbej the" contemplation of this
'metamorphosis is not likely to fill the souls of just men
- with rejoicing, and it cannot-operate to elevate the
. pnaracter tne people wno loieraie sucn sciioois oi
j ii a 1 i i , 1 1 r
JJOUUCIU punusupify iu lilts ejea uic umci uiiuuua ui i
ine earia; miner is it iiis.eiy iu uiuuce tu wiu w
11USU lUWCIS..
TnE.inere fact of a man's having served with credit
in the Southern army is no guaranty of his reliability
now r n. Fnuihi'rn mnnj P.vpii if het wns si anncl fif Titer.
Ud seemingly a willing; and trusty soldier; there
were a few men in our armies (and thank Heaven, I
i i - . i ! - . .. .. . I
only a few,) who, mayhap, ' detested tne semce tney
ivere engaged in, but whoso pride of ? manhood kept
ihem stedfast. We speak now of men of intelligence
and refinement, men who were conscribed, not by
(he strong arm of the law but by public opinion were
forced lo take up arms in defence of the South, i That
there were such men. we lhave sad proof to-day, evi
denced, by the fact of their affiliation (in .this State)
with the Holden party.! Knowing them to be men of
intelligence, we cannotj think that mere disaster to our
cause could change their feelings and their principles:
but are forcwljto the' conclusion that they were diseni-
HfNblers. crooked-necked nvpocrites, wno. always were
ur enemies, who "wore the livery of heaven to serve
mo uevn m, . anu wuo wouiu uow gun me people uy
. i . i , i i i ii ii ii i . . i
citing their services, in; the field as evidences of their
devotion to the South and her people, her honor and
her liberties We hadj evidence of : this in our last
Statedections, when some of these cattle, "meek and
lowlv followers" of Holden, presuming upon their
Varmy record," asked for the votes of honest men to
get themselves into office.! The people rebuked them,
however. They did not get the offices they sought,
and glaring exceptions then .as regards the -honor,
tf utl and patriotism of the Southern soldier, they
stand to-day moreprofathenny' notoliisan'd" can
never again hope to win back the confidence lost, the
honor betrayed. I i ;
I North Carolina does not want such men to repre
sent her. We honor consistency wherever we find it.
Ani if our desperate condition demands that we send
men to represent us who can harmonize with Union-
shriekersiof the Stevens stripe let them be those who
throughout havemaintained the same feeling,
But we conceive that our condition, desperate though
it may be.' doe's not demand this. We should concede
nothing. ' We may have humiliation heaped upon us,
but we should not court contumely and disgrace. In
spite of the radicals in Congress, we contend .that we
have nothing to repent of. ! The States are fixed facts.
We cannot be held ir i abeyance long. They must
at some time take us back into the "communion of
fellowship,
.4 Let us thensen.d men to represent us who will stand
firm by the honor of the State; who bear the ring of
the-true metal; who will concede nothing; who will
nUM DaCK 1 tnese COnstltntirvrml nmcnmonJo . i'vi th
teeth of Stevens and his reconstructionists, and bid
them do their worst. We may have to submit to what
they may heap upon us- but let us not lend a helping
hand to smother ourselves in infamy, in submission
there is no degradation it is the decree of fate; but to
turn and rend ourselves at the hidding of our tor
mentors is cowardly infamous.
Mr. Thos. Settle, a member of the Covention of N. C.
whicjx is destined to te known to the history of this
State as the "Dirt Eating Convention," has been mak-
ing fi. speecn in wnich he enunciates sentiments which
do no mor? in the South
man convince the people
general 6S what the people who know Mr. Settle, are
tt r mr :
tiiityl anid Ss a low demagogue, who has about as mucn
honor as! $k vilest scamp' who ever received his forty
sve one! from the sheriff. ' '1
Me Setllie admits in his speech that he was an om-
cer of tidbonfederate Army, but denounces those
who clun to the fortunes of that government after a
certn riod as murderers. He went into the Con-
" T . ,Jf
federate fearvice in a fit of despair although opposed to
regard fori public opinion. He went in that he might
121c if VL, Uiu iwt twj " "
fHol fceonBe into the belief that he was a true bouthern
rnan might when he left the servicework against
tike causb JQf which he had been a soldier without be-
iac susnieted. He has been an abolitionist ever since
hfe was eight jears old; but never dared say so because
he was ianfbitious of position at the South, and uch
dpctfinejfere unpopular.
A heaitSfui picture for the man who but yesterday
vfas ipqabqr of the N. C. Senate to draw of himself,
and what Mnblushing effrontery the scamp must be pos
sessea i jo sxiii ciaim o oe a gemieman.
&bblitidn,fo be a slavery man.; Guilty of cowardice,
. Uttuty m lyinK, oy pretenamrj, . wnne neiievinff in
by jfarina to oppose a war which he pretends his con-
science c
ild not approve. Guilty of i treachery to
cause, w
se uniform he wore ancl whose flag he fough
uinder.
to cover the malignant hate, and the base
cowardic
and the Criminal falsehoods which are the
features of his character only to deceive
prominii
tnose w
i trusted him-only to give himself more ca-
w aelp- lofpriilainy who has not even the pride to tiide
h s unvr)BUiiness, dares denounce Southern men as
murcieiifq-jL . He is to be one of the bright and shining
lights of fis State under the new radical dispensation
wMch-ilq Convention proposes. 4 I
He disflfaces even the disgraced Radical party witn
Affiliates, and brings reproach on President
Jolinsoii
of whom his party claims hinj to be the best
Mend,
President Johnson acknowledges any such
not his supporters, and would be stretched
limb by o ur neck before we1 would sustain
tie, we
oa a fdm
Mm with
hfueh Triends. 1 '
t;
We sihali support Goveenor Worth for re-election.
His adianistration lias given us satisfaction. We
would te tieased to have Hon. Eobert Strange of New
lanivx fleeted Lieutenant Governor. J We think he
iy thp allpst inan in the State of his ag; and we know
taking teii all in. all, his moral as well as mental char-
aiteiisfiilclj he has no superior anywhere in America.
Uny ofiie confeiTed on him instead or honoring him
wpuld ppirow honor from him, and the fctate would
htivef su ill jan: officer as she has seldom had before, He
to
IS
ome of
the few men of the present day who might
go mto: pi
itical life without degenerating into a dem-
agogjuej kijid where
so many .fall to th
1
tempter,
offer to
we
his
tliink tM;
is the ' highest
tribute
we
can
.1
wbrth.
iTTke nnly obstacle we see to his being a successful
1.. 1
candidiijfor the office of Lieutenant Governor, is one
wnin etiione, can remove, mat is a disinclination
which !nir exist on his part to accept any position with
in; the gilt of the people. t
ilf !NoM Carolina would foster the talent of her sons,
she woliMjdo more to re-build her prosperity than she
has, evei feme before; and now is the time if ever to
frjjwi online demagogues' who nave been to her body
politic fffetering sores. We hope Mri Strange will
consent
tm be a candidate. . ?
CIRCULAR OF GOV. WOBTH.
1 ' . ' . 1
10
mm
People of North
Carolina:-
Haviiisr been elected bvvou as
your
Governpr in November last, for a
term,
whicljj Will expire on the 1st of January
h t believing that my administration
r : i I ri .
t your approval, i announce myselt
arcanai
ate lor re-election, in August next.
ot propose to canvass the State.
The co
fetant pressure of Executive duties,
manvl b
which grow out of our, anomalous
condition, require my coustant at-
politiijal
I P l-'JL
leniion
If the practice of canvassing the
any time be a wise one, I am sure
S
ateiat
I
could
iot do it at this time, 'without de-
Jj-jjjjjU
10 the public interests.! or do 1
Jionl 5f)
Sexpedient to address to vou an ex-
m jlli
circular. My past life and actions
furnil
he best guaranty you can have .as
ture conduct. Into them I invite
10 ilT I!
your
a!idid scrutiny.
Upo i) some of the matters how engaging
pWlipj fctterition, I deem it my duty to p re-
Sent' JVU my Views.
I i -wi .1 U ! Si . i i r
1 tnitik the chief attention of a State Ey.
ec
dtivielfehould be directed to State 'affairs.
butj iii sur present unfortunate condition it
is prcbilr, and it will be expected that I
sHallijiilfe vou liiv views on National affairs
Als a Dart of mv earlv education. T was rp-
j H --v -
quueti commit to memory and rehearse
thai pbiition of the farewell address of the
fa'tlkef of his country, in which he so earn
estlvlwirns us to indignantlv "frown unon
flawning of any attempt; to alienate
ion of our country from the rest."
any p
fri,i
"
1
ecame a nxed sentiment with me.
Tie jj reservation of the Union has been
the polar star of my political life. In the
circLuf&n by which I announced myself as a
c4ridMate for the honorable position which
I nbw filli I referred to the fact that I had
offered, In the House of Commons in 1831.
resolutions denouncing nullification; that as
a Senator in the General Assembly of 1S60
--'iGiliim a forlorn minoritv. T r.nnst.nntlv
coup lathed everything which jl. thought
tenpea m aisunion; voting in May, lobl,
wioibrily two others, against the call of a
CbnvBnaon. I referred also to! a circular
w;hci JJ addressed to my constituents in
JariuartL 1861, when the question of Con
ventipn pr no Convention was to be decid
ed Wjtlieir votes, in which I urged them
npt tot be deceived by the cry that the Con
vention was to be called to "save the Union'
that Was called to "destroy it." I then
circutaced among mv constituents the cele
bratetl ispeech, ot Andrew Johnson, then
Seriaorjlfrom Tennessee and noW-President
of th! Ipited States, in which he denounc
ed with-equal fervor Northern disiinionism,
ana tibiffltcrn disunionism. I concurred with
him
tnen, as cordially as I do now.
Intoti circular of last October, I stated
td
ydu piat l nad always looked pack on
ray ' course in all these instances with great
satisfaction. In the ensuing election many
of yoji Had always concurred with me, and
manyjwlo had formerly differed with me
in tblesQ views, voted tor me. All who
votedl hw recently renewed their allegiance
thejilfnited States by taking, the oath
escribed in the President's amnesty pro-
Ciaffi1(f ' I emeriuui iiu uouu uua iney
toP 1 0atn ltD honorable and Sin-
I cere purpose iaitniuiiy so ODserye ll. All
aesire?u lyaat; our lormer relations witn tne
Union should be speedily renewed.
garded the cordial vote for
me by many
those who had maintained
the doctrim
with their
Oi
secession, as in accordance
e
cent pledge of loyalty to the United Stdjs,
ana as a toKen ot respect tor my consistent
goiiucai recora, ana nence 1 receiveu upr
support as alike creditable to them anl to
me.
I declared in my circular
to you last Hll,
grievously
all of us atoned for it.
1 snail enueavcr io i
encourage a spirit of mutual forgwenes
a return to nabits ot law
and
nr( pr Hnrl t
steadfast attachment to the Union, which
made us so great and! prosperous a people
while we adhered to the counsels of "Wash
ington.". I have endeavored to act in con
formity to these promises.
I refer to these prominent points in' tny
political record and the cii cum stances un
der which you did me the honor to ele'-t
me last November, to, counteract the unjust 1
tion was a disunion triumph. The impu
tation is grossly ur.just to ne; and as I: be
lieve equally unjust to everybody who vot
ed for me.; 1 j .
My conduct in the discharge of my . ad
ministrative duties is khoWjii to you; and I
have so recently had occasion, in my mes
sage to the General Assembly, to present
my views"' in relation to Stake policy, which
message was very extensively circulated
throughout the State, thai I deem it un
necessary to reiterate theml
Wise policy requires, in order to restore
prosperity and order, that every citizen
quietly and industriously pursue his occu
pation, and obey the lawsj of his country
while they are in force, however distaste
ful some of them may be. If we would
have peace and plenty w must look for
them as the fruits of order and industry.
The'wisest legislation without these will
be unavailing; and with them, the worst
legislation will but retard the return of
prosperity. I -
We are, as I think unwisely and uncon
stitutionally excluded "from the National
councils, but the results of (war have made
us powerless. It i unwise to indulge jn
denunciations of the dominant power, and
not inconsistent with real dignity and pro
per self respect, to abstain from intemper
ate remonstrances. ' Let us quietly pursue
our several avocations, arid hope that Prov
idence will ultimately guide the minds of
our late foes to counsels becoming mag
nanimity and wise and. generous statesman
ship. ,
The great object of all
statesmen should now be
good and wise
to mollify the
passions which have growij out of the late
conflict, and by all their influence to en
deavor to restore cordial reconciliation :be-
tween the lately alienated setionST The 1
good of our whole nation requires sincere
and universal reconciliation. This can not
be if proscription and mutual crimination
be indulged. .The sublime! injunctions of
holy writ which forbid the indulgence of
malevolence, are universal in their applica
tion.
In such a convulsion as that from which
we are emerging, many will have received
grievous injuries. JNo good can spring
from the indulgence of revengeful teelipg.
Let every good citizen exert himself to
repress it. Both philosophy and our re
ligion rank forgiveness and charity among
the chief of virtues, and as there are few
of us who have not occasion to ask for
giveness for our own acts, let us be merci
ful to each other. If you shall re-elect me
as your chief magistrate, I appeal to my
past conduct to sustain meinj the assurance
that I will do all I can to prove myself
worthy ot your renewed confidence.
! JONATHAN WORTH.
Raleigh, June 11, 11SG6.
The "Strawberry I Festival" at Bal
timore. It will be remembered that some
time since a quantity of flowers were sent
to Baltimore by the ladies of Richmond to
be used in the floral or strawberry festival,
and it will be gratifying to those, and to
all others who sent flowers, to know that
the noble, charitable, and unselfish women
of Baltimore appreciate those gifts and
place a high value upon their floral offer-
igs! The following is an extract from a
letter written by one of the lady managers
of the Baltimore Strawberry Festival for
the Southern Poor: I
A number of beautiful bouquets. J&om
North Carolina and from Church Hill,Rjch-
mond, came one day too late; andon 'the
evening of the day on which they were re
ceived I accompanied some frjends who
have charge of several graves of Confede
rate soldiers in our beautiful Greenmount
Cemetery, and they decorated their last
resting-places with them. One grave, in
which reposed the bodies of three North
Carolina soldiers who fell together at Get
tysburg, was covered; with floral tributes
from their own loved Stated A careless
passer-by would have little thought that a
stranger's hand had laid them! there."
The people of North Carolina will know
how to value the generous! . feeling that
prompted the action of the Baltimore ladies,
and it will cheer their, hearts1 to knowtnat
the children of the "old North State" who
sleep on Maryland soil are still cared for
and remembered. From the Potomac to
the Gulf of Mexico, the whole southern
people owe a debt of gratitude to the ladies
of Maryland that words can .never repay;
an3 we can only hope and pray that the
constant affection, .regard, and tenderness
which the women of Maryland have shown
to the poor southern soldier .may earn for
them, as it deserves to: do, a rich and
mg reward of temporal and spiritual bless-
ings. -Richmond. Dispatch.
1 ie-
U LIU X 11UW IKHHiiL. II R HCLKU. UO QDUI
WlSKTnn S tr.nnvTctioB has caused the present financial distfess in hereon, and shall : issue notices thereof to have any effect in preventing judgments
flZZt I t ?5 fZthe1nf oor State- The people could neither foresee defendants, which noticesshall be sen- from becoming dormant. t
lriLS?I'ttlir nor prepare for tA great calamity has edat least thirty day& before said Superior Sec. 19. Be it funher ordained. That any
mosses wbch have grown out of .or- befallen them. Amid the.wreck of their courts.-. At thi Spring Terms aforesaid, sheriff, clerk, or other officer, failing to exe
nble war, now happily ended. IfsonJof r.nna tK f, tvt uui,.,i. uourw. ii . r 8 " "'V'" .,,. ,.:.:, r this ordinance,
--r- - . t : ' i-
erred, cnevousiy rinve . .i-. i " 7; . , -j - .uf rlo vrs on.
Eeport of the Committee on the Stay Law-
Trio nnmmiffon 4tiA Sfnxr T.nw Vi o
tAnoiHnron tho cnhioAf nnn ' oolr Irintra
to
submit the following report: .v
The committee are of opinion that a large
majority of the people of the State desire Superior Courts, shall transmit to said acts and parts of acts, suspending the oper
the passage of an ordinance, liberally ex- Spring, Terms certified copies of the judg- ation of the Statutes of limitation, as the
tending the time for the collection of debts. ments in actions of debt, covenant, assump same appear in the Revised Code, are here-
me commiuee recognize tne iact mai
neither extravagance, speculation, nor want 1
nf nrrli n n rf nrnrlonf o nr Vtncinpca en rrr ri f xr 1
- . . . - j 4.. - u
eaemica vu.uicii new ayaium, uuu iiim 111 i
"... M t f-
their indebtedness would destroy them,
1 i r I
without benefitting their creditors. The
committe believe this want of
indul Jjenc I
to be both just and right.
bhouid no reiiei De anoraea, tne com
mittee are satisfied that 'great demoraliza
tion, and the complete derangement of the
industrial efforts of the people will ensue.
Disquiet of mind and conscience will.destroy
A. I
iij-
s of purpose care of wife and
anionitmns of
port and approval in concealments will de
velop every propensity to , fraud dishon
esty, clothed in a garb of sophistry, will
unabashed present itself at every board
and hearthstone, the honest will bear others
burdens until they are crushed and the
State's reputation for hohestv will oass
away forever. Man needs always the pray
er 'lead us not into temptation." The
committee, therefore deem indulgence not
only just , and right, but politic and wise.
While the condition of the debtors has been
thus fully considered, the rights of the
creditors have-not been Overlooked, and
the committee have attempted to adjust the
rights ot each, so thafcall may look forward
hopefully to a final settlement. The com
mittee submit the accompanying ordinance,
and unanimously recommend its passagp,
hoping that it may be deemed lust to all,
and that its adoption may stay any tenden
cy ot the popular mind towards- that great
moral and political evil, repudiation
Respectfully, .
!'. GEO. HOWARD, Chm'n.
AX ORDINANCE TO CHANGE THE JURISDICTION OF THE
COTJBT3, AND THE EULES OF PLEADING THEBEHO
Section 1. Be it ordained hythe people of
Lurm .KjUTuunu, in Vjonvcnuon asscmuiea, ana
it is licrchj ordained by the kauiKority of the
same, mat tne lurisdictionLOt- the several
Courts of the State, and of Justices of the
Peace, except as provided in this ordinance,
shall be as in the year 1860.
Sec. 2. Be it further ordained Thai the
several Superior Courts of Law, at the
Spring Terms thereof only,; shall have ex
clusive original jurisdiction to hear, try
and determine all actions of debt, covenant,
assumpsit or account, where the sum due
or owing amounts (principal and interest)
to sixty dolfars or more. " .-
Sec. 3. Be it further ordained, That all
writs in debt, covenant, assumpsit or ac
count shall be served at leastf thirty days
(Sunday's included) before tli3 return day.
Within the 'first -three days of the return
term, should the defendant pay to the plain
tiff, or into court to his use, one-tenth of
the debt or demand (principal and interest)
and all cost to that time, he shall be al
lowed until next Spring Term to plead.
-At the said Spring Term, should the defend
ant pay to the plaintiff, or into Court to
his use, one-fifth of the residue of the debt
or demand and cost, he shall be allowed
until the succeeding Spriug Term to plead.
At the said Spring Term, should the de
fendant pay to the plaintiff,, or into Court
to his use, one-half of the residue of the
debt or demand, he shall be allowed un
til the succeeding Spring Term to plead.
At the said Spring Term the plaintiff shall
have judgment for the residue of his debt
or demand: Provided howevei', That the
plaintiff if required, shall file his debt or
demand in writing, and if the defendant
shall make oath that the whole or any part
thereof is not justly due, or that he has a
counter claim,' all of which shall be par
ticularly set forth by affidavit, then the
defendant shall only pay the instalment
required, of f what he admits to be due,
and the Court shall order a jury, at the
same or some subsequent term, to try the
matters in dispute between the parties,
and at the bpnng term the defendant shall
be allowed time to plead only upon pay
ment of one-,fifth of the residue of the ad
mitted amount, and whatever the jury may
nnd him indebted over and above the same:
Provided further, That should .the. .defend
ant fail to pay the first or any subsequent
instalment, then and in that case the plain-
tin shall be entitled to proceed to judgment
and execution according to the course cf
the Court in 1SG0. : ,
Sec. 4. Be it further ordained, That all
suits in actions of debt, covenant, assumpsit
or account, issued to rail Term ot the Su
penor Courts, shall be returned by the
Sheriffs to Spring Term, 1867, and all ac
tions of debt, covenant assumpsit or ac
count, now pending in the Superior Court,
shall be continued to Spring Term, and if
the defendant, has entered his pleas, he
shall be allowed to withdraw the same,
and take the benefits of section 3 of this or
dinance.
Sec. 5. Be it further ordained, that dor-
maut judgments shall only be revived by
actions of debt, and every .scire facias to
. i it iiwAbuuwivftAwv v v & viiuu iiiiiv wuwmaxa j km a -a mi ri w Kii2i.ii 1 1 1 1 iiiiii him iinipr i.iih mil hi i I'll Lr nil v 111 liiu uiui aw -
revive a judgment shall be dismissed on and justice may appertain; and said pro
motion: Provided. That those now used ceedings shall not affect the creditor's right
shall be dismissed at the cost of the debtor.' to proceed at the same time at law: and
Sec. 6. Beit further ordained, That the
Clerks of the several County Courts shall
transier an actions oi aeot, covenant, as-
sumpsit or account, now pending in their
respective Courts, to the Spring Term,
last-11867, of the Superior Courts; and the said
Spring Term shall be deemed the return
term thereof and the said actions shall
stand as ifi originally instituted in that I
mrt. i ......
Set- 7. Tie h furthrr nrtbibird. That the
Clerks of the several County Courts, if re-
auested so to do by the plamtins, sixty 1
davs before the Spring Terms, 18G7, of the
g or account, entered on tne docRets ot
their Courts, together with the writs of
n r:r. : n mnrlifiAni rn.nna la,-.n.A
- - o - . , ..
Hnlrora rrovinefl Lnfi R!imA wprfi not oor-1
P PTL ,7
lliailk yviicij iiuuoum,n.u uuui vuc vvuimi i
Uourts. ana on sucn entries oeincj maae, i
fnA Rn;,i indumenta shall he taken and held
w I
r Vo ltirltrmp.nta nf iht Snnprinr Courts,
ana writs oi nen lacias ana
venditioni ex
ponas may issue, as provided in section 10
of this ordinance, following the writs trans
mitted from the County Courts andpreserv-
injr tne liens, as ii issued Dy
the same
Court.
SeC. 8. Be
if fuuher ordained, That the
Wroftm acl, county shall return all writs
frnm thf Cnitrrfv rmrr""rJ
actions of debt, covenant, assumpsit or ac-l
count; to the next term of said Court, with- trial, shall not avail to carry costs against
out sale; and shall return all writs of fi fa the plaintiff, unless there has been a tender
or venditioni exponas issued on similar of such payment before suit brought: Pro
judgments from the Superior Court orde- tided, That should the defendant require
crees of the Court of Equity on money the debt to be scaled according to the
demand to Spring Term, 1867, without scale of depreciation of Confederate cur
sale. ' '; I ." rency,' then and in that case the said notes
Sec. 9. Be it further ordained, That no shall not be a set off in any manner,
writs of fi fa or venditioni exponas judg- Sec. 21. Be it further ordained, That the
ments in actions of debts covenants, as- General Assembly shall have no power to
sumpsit or account shall hereafter issue repeal, alter or modify this ordinance until
from the County Courts, nor shall said the third Monday of November, 186$, and
writs on such judgments issue from or to this ordinance shall take effect and be in
the Fall Terms of the Superior Courts, ex- force from and after its ratification,
cept in cases where defendant fails to com , nniSREifliEBATE IN CONGRESS,
ply with the provisions of this ordinance. In the Houseon the llthinst.Mr. Ancona
and it is directed that plaintiff may proceed offered a resolution to the effect that as the
according to the regular course of the Iristi had1 fought for this country in every war,
c?rk t 7 their purpose of freeing Ireland was entitled
Sec. 10. Be it further ordained, That no to our respect and sympathy, which Great
writs of fi fa or venditioni exponas judg- Britain had forfeited by her faithlessness;
ments m actions of debt, covenant, assump- and that therefore the neutrality law of
sit or account, or decrees for money de- 1S18. under which the Fenians were estop
mandsin Equity shall issue from Spring ped from invading Canada, should be re
Term, 1S67, without permission of Court, pCaledi A motion to lay the resolution on
and should the defendant within the first the table was rejectedyeas 4, nays 113.
three days pay one-tenth of the judgment Mr. Schenck offered a substitute declaring
or decree and costs, then the writ shall be as tne opinion of the House that the Presi- '
credited one-tenth, issued and immediately dent should reconsider the policy which
returned "Indulged:" Provided, No plaintiff had een adopted by .him in reference to
shall be allowed to take the said one-tenth, the trdubles on the Canada border, and
withont first entering his assent to said re- adopt as near as practicable the same course,
turn: And Provided Jurt her, That such as- wnich Great Britain pursued in the late
sent and return shall not prejudice any civil war. A motion to lay this resolution
hen the plaintiff may then have by virtue 0n the table was . negatived by a decided
of said fifa or yenditioni exponas: Provided vote. .The orifrinul 'resolution and nronos-
furtlicr, That at Spring Term, 1S6S, the de-
tendant upon paying one-fifth of the resi-
due ot the judgment 'or decree and costs
shall have indulgence in like marjnex."
Sec. 11. Be it further ordained, That upon
all warrants! before Justices of the Peace
for a demand f principal and interest! of
$25 or less, should ; the defendant pay one
fifth to the plaintiff or to the Justice for
his use, he shall be allowed six months to
plead, and at the expiration of said six
months, should he pay as aforesaid one
half of the residue he shall be allowed six
months more to plead, and at the expira
tion of said months plaintiff shall have
judgment and execution for the residue.
Upon demands principal and interest of
less that SOU and more than $25', the defend
ant shall be allowed "twelve months instead
of six, ou each payment: Provided that the
plaintiff shall file his. claim in writing and
if the defendant on oath, shall deny the
same, or present a counter claim, the Jus
tice shall proceed to try the same. Upon
judgment the defendant shall be allowed a
stay of execution for six or twelve months,
as the case may be, upon paying one-fifth,
and afterwards one-half, as before judg
ment.
Sec. 12. Be it further ordained, That this
ordinance shall not apply to proceedings
Dy ateaenment, unless tne aeienuant re
plevy and give bail, and ,then and in that
case the proceedings shall be subject to the
provisions of this ordinance as if commen
ced by writ or warrant.
Sec. 13. Be it further ordained, That
where the action .is by a Guardian in be
half of his wards, still minors at the return
terra, and the interest exceeds one-tenth,
the first payment shall be increased to the
amount of interest due, not to exceed one
fifth of the whole debt.
L Sec. 14. Be MJurtheordaincdiJlhiit tbh
ordinance shall not affect the remedies for
rent of houses or lands since December 31,
1865, or remedies upon bonds or notes
given executors or administrators icr pro
perty of their testators sold since July 1,
m s f j t f -
iboo or mat may nereaiter oe given, or
remedies for the collection of State or
County Revenue.
Sec. 15. Be it further ordained. That la
borers in agriculture shall have a lien on
the crops, which they are hired to cultivate,
for their wages.
Sec. 16,' BeitfurtIter ordained, That any
creditor, attempted to.be defrauded as set
r il C i.f t m .i, rnTl f '-
iorm in oeutiuu t vuapier ou xvevisea VvOde,
may without -obtaining judgment at law.
i t. ? i ii -ri j i r. . .
me ma uiu iu Annuity, uuu saui vourt is
hereby authorized and empowered to direct
proper issues to be made up and tried, and
' to make such orders and decrees as to rieht
' any surety, before paying the debt of his
principal thus attempting .to defraud his
creaitors, may institute proceedings in
equity, in like manner to the end that he
may obtain relief.
Sec. 17. Beit further ordained, That exe-
cutors and administrators shall have five
years m which to settle the estates of their
testators or intestes; and the Court may V
its discretion, extend the time B."w" - '
have hprpfrtfnfft nnalified. not exceeding tive
years from the ratification of this ordinance,
and also the time tor pieaamg.
by repealed, except as nereiu
it is hereby declared that the said acts were
XninrA.A nrA eVioll nftt. YiR construed tO
.... nrmr, nnv nrocess
mm. Or lSa U lllu. ui cicmm., ir- .
li the nrSvisioni ofthis
- j 7- - . i .
orumuuee, buuh w """r" r.-, .
five
-
hundred dollars, to be recovered by rule
of Court, as penalities
and fines were re-
envprpd in 1S60.
Sec. 20. Be xl further ordained, That in
all actions brought by any bank of the
c.fn Ktt ncairrnpo nr endorsee ol said
I r ' 1 1 1- If
I 1 1 ILI.I I J 1 mJ W UWlw&uww w. ,
bank, or any oracer oi saia uauiv, -u-
J J
cKoll nnrl mnv hp .atvtlll lOr IHQ aeieuuttuv
to set off by pi or on triaUny te Usaed
....v. J -
- 1
nedl same has been presented for payment or
rg&uuiu mjuij uiM, hi sicp Mthfi contrary not-
by saia ddk or i ura..,
withstanding, but said plea, of set oET oai
ed substitute were finallv referred to the
Committee on Foreien Affairs.
Mr. Boutwell -introduced the following
pream&ble and resolutions: . .
Whereas it is notorious j that Jefferson
Davis was the leader of the late rebellion
and is guilty of treason; and whereas by
the President's proclamation of May, 1865,
Davis was charged with complicity in the
assassination of President Lincoln, and the
said proclamation has not been revoked:
therefore j
Resolved. That it is the oninion of this
House hat the said Davis should be held
in custody as a prisoner, and subjected to
a trial according to the laws of the land.
.Mr. Boutwell moved a suspension of the
rules.
Mrl Rogers desired to ask aquestion, but
the Speaker ruled. the debate was not in
order. Mr. Rogers, however, asked if Bout
well or any unprejudiced mind believed
that Mr. Davis was guilty of complicity in
tne assassination ot Mr. .Lincoln.
The Speaker"called Mr. Rogers to order,
and said he must take his seat. The rules
were suspended, and the resolution was
adopted yeas, 105; nays, 19.
The House proceeded to consider the bill
reported from the Reconstruction Commit
tee to provide for restoring to the States
lately in insurrection their political rights.
Mr. Rousseau argued that it was the
fact that the insurgent States were not
now represented and the. country restored
to peace and prosperity.
Referring to the attack' of - Ingersoli
recently on the President and! those who
who supported him as "sycophants" and
"lick-spittles," Mr. Rogers said-he hurled
back the epithets in the teeth of him who
uttered them, and who had done nothing
during the war but stay at home and look
after offices.. .Generals. Grant, Sherman,
and Thomas supported the President's pol
icy. "Were they "lick-spittles?"
Rousseau proceeded to arcrue that a
just and temperate policy by the Radicals
mignt nave given them a long lease of pow
er, and even now so well tonvinced were
the Radical leaders that their course would
not be approved by the people, they would
not dare adjourn without admitting the
Representatives from Tennessee. They
would have to eat their own words on that
question. Queen Elizabeth once asked the
Speaker of the House of Commons what
that body had passed. "Seven weeks,
your Majesty!" So this Congress, if asked
the same question, would have to answer
"Seven months," for it had done nothing
but pass & Freeedmen'8 Bureau bill and
some such measures.' -
On the conclusion of , Mr. Rousseau's
8peech,Mr. Grinnell made some remarks of
a personal character about Mr. Rousseau,
who totd the Speaker that unless he pro
tected him he would protect himself. The
speaker; rebuked Grinnell for his conduct. -Mr.
Rousseau said he would treat with
contempt anything the member from Iowa
might say. On a previous occassion he
(Grinnell) said he would not resent an
insult. He (Rousseau) therefore wanted
nothing- to do with him.
1
r
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