North Carolina Newspapers

Ji 4 v.: ' VOL. III. RUTHERFORDTON, If. C. THURSDAY, MARCH 18, 1869. NO. 8. ass , V ' ' l " ,' ; 1 '. - ': - ' ' ' s ' 'I . - ; t . 5Vmsx 102m.3 99Iavt Crocket. , ytii ' IiZ!IILiiJIL'ZZZrrTIZIZZ 1 ' ' . ZZ"Z"ZZZZ1L " : ' " i '' ' '. , ' j - ' ' i - ; I I THE Untlerforli Star. v X'ufolislied every Saturday by "CARPENTER & LOGAN, " '-( ' .V.-. -.. RUTHER FOWTO N, N. C. Rates of Subscrijtlon : ... f One Copy 1 year.. . ...... .$2.00 " 6 months 1.00 ,v H u ;3 ,. i ....... 75 To those who 'get up clubs of five or more sub scribers, one copy will be furnished gratis. . , Rates of Advertising: Twelve lines to constitute a square. One square, one insertion .$1 00 JSach subsequent insertion. ......... 50 For announcing a candidate. . , . . . . . .$3 00 liberal deduction made, by special contract, to targe advertisers. ' "Special .Notices charged 25 per cent higher than ordinary advertisements. JSP All persons ordering advertisements are held responsible for the saiie. : Job Work done with neatness and dispatch at prices corresponding with the times. Letters must be addressed to CAKPE31EK A: JL.OAN. , - , ,. Rulherfordton, X. C. PUQFESS10SAL CARDS. dr; J. w harrIs WILL GIVE PROMPT ATTKN-. tion to all Professional calls, and hopes to merit a coilti nuance of his long- established practice. rSf TToa mnaMititT fill hand a fino supply of PURE DRUGS at his office in Rutheriordton, je 2-if , 18 . Brs. HUCRER & TTWITTY, ' AVIXG ASSOCIATETT in the practice of L Medicine in all its branches respectfully oiler their services to the public. . Thankful. for past favors, they hope, by prompt attention to all calls, to merit a continuance of tlieir established practice. Z3T Charges moderate. Office in the Andrew Moore House, first door above J. A. Miller & Co. - - ' Jill. J. M. CRATON, " RUTIIKllFORDTOX, N. C. vFFERS his professional services to his old friends, and the, public generally, umee at;his Drugstore. Lacc-iatI . A 1 1 p if Ei y. stl Id a ws BCTIIEFOBDTON, N. C. . --ji Claims collected in all parts of the State "rlecia 47-tt : , , ti J.X. CAUSOW, ATTORNEY AT LAW, RUTHEItFORrTOX; K C. Collections mado in auy part of the State if possible ffeb.6tf. ' . O. 31. AVHITESIDE, ATT0RXEY and COUNSELLOR AT LAW, RUTIIERFORDTON, N. C. Prompt attention givin to all business entiust- ed to his care. feb.Ctf. S. B. M EACH AM, Wholesale arfd Retail Dealer in BOOTS, IS HOES, ri;ATS, TRUNKS 8hoeFindingrs, and Rubber Belling-. tW Sign )f the BR A Sis BOOT, Iron Front Building, Tryon Street, Charlotte, N. C. decl9 47-tf - XVWl. L. CHASE & CO., ' - ' . 79 Liberty Street If. T., Pealera in all kinds of Machinery, including Ceo. F. Blake's Patent Steam Pomp, HASE'S PATENT BRICK MACHINES, Steam Engines and Boilers, Titchburg Machine .Co's Tools, Wood-working Machinery, Stamp Mills and Crushers, and Mining Machinery gene ally, - Send for Circulars, Price List, Ac. V. .. JVM. L. CHASE & CO., -M.a. I9 Liberty Street, N. Y. jj. S A E rVCJ E R & CO., S55 BOWERY, N. Y., Tilanufacturera i, Importers of Musical Instruments spECfALirr: New Troainetc Accordvon and Patent (oiicerlinas. Also, Accordeons yith anew Italian Tremolo Am- rtPCea' $10,-$12,:$15' to o-each, eent on C O. D. Send for Wholesale or Retail Price List i 45-M.B.A. H0RWEDEL BROS , IMPROVED SALAMANDER SAFES. The attert;Qa of nil business men is respectful ly invited to the merits of our Safes, before pur chasing elsewhere. We are confident that after n impartial investigation, they will be preferred by business men to any other Safe now manufac tured.' " . Prices 1 5 per lower than any other Manufacture. "WARRANTED FREE FROM DAMPNESS. tT Send for Price List and Circular. ' -HORWEDEL BROS., ' . 134 William Street. New York. 45 M.B.A. ' i?Dm?m?. y From March No. of Lippincatt's Magazine. .INAUGURATION ODE. March 4, 1809. What song should hail.tiie welcome hour ' That-sees the nation waiting stand To place the emblems of its power Within its hero's faithful hand? Resounding notes of martial fame Mix with the patriot's full acclaim. :? Without surcease; . j; While gentlert rains the breezes bear On verual wings, and everywhere Rises the sentiment and prayer, . "Let us have Peace 1" Enough that War's fell rage is spent, - And freedom still survives secure; Her stature loftier ahd unbent, ,fc Her strength increased, her vesture pure. The fame his country well bestows LTpon the chi f who crushed her foes All clime? increase; But.nobler rings o'er land and'main, And nobler echoes back again. The mauly, Christian sweet refrain, "Let us have Peace P There, from 5Jew England's busy mills; From where the Mississippi flows ; From where the bursting cotton fills The golden air with mimic snows; From where the gleaming nuggets shine ; Close neighbors of the fruitful vine, They will notecase: The countless-voices raised to greet The soldier in the ruler's seat, This chorus ever to repeat, f . "Let us have Peace TUE T0AS1 FOR LABOR. Here's to the man with horny hand, Who tugs with the breathing bellows ; Where anvils ring in every land, . He's loved by all good ftlluws. And here's to him who goes aSeld, And through the g!ebe is plowing. Or with stout arm the axe doth wield, . While ancient oaks are bowing. . Here's to the delver in the mine, The sailor on the ocean, With those of early craft and line, Who work with pure xlovotiorr. Of love for her who toils in. g'oom, Where cranks and wheels are clanking; Boreft U.she ot nature's, bloom, Yet God in patience' thanking. A curse for him who sneers at toil, And shuns his share ot labor, The knavo but robs his native soi', Whilo leaaiusr on his neighbor. Here may ft is trut h be brought on earth, Grow more and morts in favor -.Tlioro is no wealth. but owes its worth , 1 To handicraft and lubor. Then pede the foun :er. of pur wealth The builders of our Nation ; We know their worth and now their health ; Drink we acclamation. BANKRUPTCY. , ; From the Standard To the Solicitors Praclicinl 111 the Bankruptcy Court and titers con cerned In ' Bankruptcy IFraceedlnffs In the District of Nortli'Carolirta. The very great labor thrown upon me for several months, and which is .rather uponi the increase than otherwise, by persons from all parts of the State informally by letter making every imaginable inquiry in regard fa the practice ot the Court,' desiring my opinions npon ex parte statements, and ma king inquiries in regard to the "costs alleged to be charged by officers in vBankruptcy cases, has induced me to adopt this mode of Expressing some general view'entei tained by me, with the Ivope that I may be relieved from much of this uuuecessary jcorre.-pon-dence. ,v. Many of the bankrupts, assignees, credi tors, as well as persons indebte4 to bank rupts' estates, appear to regard ft as my daty to counsel and advise theni in regard to their rights and duties, and unceasingly write for a full expression of roy views up on the questions stated. Now I desire simply to say to all such, that the law imposes upon nee no such obli gatioDi . The assignee in Bankruptcy has a riglit to the services of a Solicitor of the Court with the approval of the District Judge, to be paid out of the estate, whit li approval may always be obtained when any necessity is vliuwn forlthe services of. a Solicitor. The Bankrupt ordinarily has obtained the ;er vices of a Solicituc before lie commences proceedings, whose duly and whose pleasure I4;now itwill generally be to advise him,r While it is expressly provided in the act that a Bankrupt may condnct his own proceed ings withont attorney, yet it is his. piivelege to engage the services ot one, and he has rui ther the privilege of making his owa se lection ; and this piivilege is equally tlie riglit of every ci editor or debtor ot a Bank rupt's estate. Now, there are provisions in the law by which parties interested by complying with these provisions become entitled to the opin ion of the District Judge upon questions aris ing in the course of the proceedings, or wliich may be agreed upon and stated by the parties interested. J The first provision referred to may be found in the first paragraph of the; sixth sec lion of the act," and the other in the second paragraph of the same section. When questions coining within the classes ;.f those pi-ovid"d for in either of the para graphs mentioned have been certified or sta ted to me iu conformity with those provis ions, I Lave heretofore as promptly as I could Considering my many other oliioi.il duties, -furnished my written decisions, and in many cases have expressed in full my opinion, and the reasou for such opinion, aud this I will always continue to do while I may retain the office I now hold. Any other question or controversy not coming within the classesof questions to be certified by the Register, or which caunot be agreed npon in strict con formity with the provisions of the second paragraph of the sixth section, must be de cided as any other question, arising between parses, by suit and trial according to the course of the Court. To the lawyers practicing in "the Couit, I desire to say that I have always since my ap pointment to the offke I now boh), with pleasure answered their inquiries when such were' proper to be answered in my opinion. More than this I well know they would not have me do less I could not do for gentle uicn who havo almost.' without exception treated me with distinguished courtesy, and 'even kindness fromtb timwof my appoint ment to the present. This I was; prepared to expect from the lawyers of North Caroli na when I entered upon the discbarge of iny official duties, .unless I became unmindful of my dutits to them. j In regard to the subject of costs in bank ruptcy cases I have this to say :. .The first complaint made by those who were likely to have these costs to pay were made Bgainst the charges' made by the publishers ot the notices, required by the law and these conv olaiuts were all informally made and .many of them purporting to b founded upon ru mor. , 1 insisted that I was prepared to hear and determine that or any other question of costs which might be properly bruifght be fore inc. WJieu the questioa was broOght before me by exceptions, and notice to the party interested, there was a hearing. I was then iiiformed officially what the charges de manded really were and being . unauthori zed they were, by order, reduced. It was not believed by uie- to b right to refuse to allow . to the officers the prices heretofore paid by the in for these publications when parties hit' rested were not disposed to ob ject in the only proper way to such charges. Aud lo femedy this evil in the future I made an order on the 18th day of Septeniber,1868, directing Marshals, Assignees and Clerks to pay for publishing suck notices as the act required to be published iu newspapers no higher- rates than were charged by the news papers Kf the State for the iiublication of the fcitate Court advertisements and that orders related to all bills of publishers not paid: at the dute of said order. This was all I then thought I could properly do, and I am still of the same opiuion. - There has been some informal complaints made to me that some of the officers, did not regard the order last referred to, but that they were still paying and charging the suuie high rates for advertising forbidden by the oruer. Now, in answer to such, com plaints, 1 have aimply to say that I cannot cite an officer to show cause upon auy such ooseand vague charges, when the case or cases are not even stated in which such dis regard of duty has been shown. i think the fees allowable by the order last referred to are uot oppressive but reasona ble. I have never heard much complaint of the charges made by printers for publishing iitate Court notices. If officers have paid the first rates charged after the order referred to, parties against whom sugIi payments are charged can except, and if they do not see proper to do that, I know of no other way" by which I can offi cially kuow of the error. The, prices now charged for the first notice by the Marshal, :s $(i instead of $12, as at first charged ; for the Assignee of his appointment $S instead of $6, and the clerks, for final discharge, $4 instead of $8. Officers are required to fur nish short torms tor publication, and if they do n ot, thei tbycausing greater expense, they .in Si bear it, if exceptions are made. Now I. do n't regard these prices unreasonable, and ihiuk there is no just cause of complaint, wheu the rules are complied with, and il they are not, there is apluiu remedy for such us may be injured. : Next in torn came complaints against the charges of Assignees, Clerks and Registers, and almost every charge made by these offi cers has ben alleged to be entirely unau thorizedby, the laws or overcharged. And with one single exception, these complaints have been made to me, and are still being daily made to me by letter, many of them neither naming the officer or officers against whom they complain or thd. cakes in which the alleged improper charges 'have been made. And none ofthem, in that formal manner, which will authorize an examina tion on my part so as to make any decision of mine a judgment of the court. I have pever refused to entertain any ex ceptions properly taken, to any item of costs. Ou the other hand, I have often expressed it as my opinion that solicitors ought to except, whenever ia their opinion too much, costs were charged against their clients, and that the s-ime doty devolved upon solicitors rep resenting creditors, when costs were, taxed against a fund in which creditors are,-inter-ested. While I will say iu behalf of 1 these officers, that it is but reasonable to expect that they will look liberally upon their own side of these questions, and should desire to have settled in their favr the charges about which there is doult, it is a clear daty de volving upoc thef attorney to protect his client from the payment ot any . more costs than the law requires hiin to pay. ;"':'"' If these charges demanded are in their opinion unauthorized, the remedy is, clear. It is by exceptirg to the items, either unau. thorized or two large, and iu that way ob taining the opinion of the Court. The laic makes it the duty of the Register to tax the costs, and upon his certificate jhat the law has been conformed to, the Judge discharges or refuses a discharge. . The Judge cannot question the truth of the'matters' stated in the certificate, unless upon exceptions. It it was otherwise, he would be invi lyed in interminable confusion, and have thrown upou him a task he might not reasonably expect to perform. It would be no lighter task thau handling and inspecting every pa per in every Bankruptcy case with a view to see whether the Bankrupt Register and other officers had, in all thing?, conformed to their duty. Geutlemen of the Bar complain that they are not furnished with bills of cost fully itemized, after requests by the officers, so that they can draw their exceptions. In this there is error on the part' of such offi cers as do not comply with such requests, and the officers of the Court, wil,l be instructed, each, to furnish a copy of his bill so item ized, npon request of the Counsel ; of the Bankrupt, when the costs have been pawl or are to be p.dd by him ; and to Attorneys of Creditor?, where costs are to be taxed against a creditor's fund. ; In conclusion I will state that I will en tertain any question npon the subject of coats upon exceptions properly filed at Chambers on five days notice being given the officers whoe costs form the subject of exceptions, and the time for the hearing may be fixed by the parties excepting. I will hear oral or written argument or decide the questions presented without either, as the parties may prefer. These exceptions may apply as well to cases in which the costs have been paid, as to cases irj, which the costs are still dueiu which the discharge has not been granted. In such c.ises in which the costs have been paid, it shall be determined that tod much lias been paid such excess will be ordered to be refunded. I havo now before mc over one liundrel certificates of conformity, which appear to be regular in all respects, except in some of them the Register's costs, sail in others the Clerk's, and in others both the Register's a nd Clerk's eosts appear, to me, to be taxed high er than the law authorizes, and for this rea son the cases are suspended. - It may be that extraordinary services ren dered in these cases may authorize the amount charged. Apparently they are un authorized, but I am not disposed to enter upon any investigation of these cases, there by denying the truth and correctness of the Register's certificate, r unless parties wjjose interests are Involved will suggest by way of exceptions, what there may be wrong in the certificate. As to the costs of the Assignee, they are so eiuirely dependantf upon' the-characte'r ot the dutfes pertormed and these are so-essentially different in estates that it would be impossible, without a special investigation in each case, to determine whether the charges were proper or otherwise. Very respectfully. G. W. BROOKS. Elizabeth City, March 2, 1869. "What Tab Cubans abb- Fightxno fob. The Cubans, if we may credit their own store told officially and : from mouth to mouth, are fighthing for ; Representation, " Severance of Church and States, and General emancipation. Every one of these are principales tradi tionally dear io the American people, and which we hare been taught to believe just causes of war. 1 Cuba has to-day no representation to the Spanish Cortes,and never has had. She has not been odered even that constructive rep resentation with which we were sought ep be deluded in colonial times. She has no voice in determining the amount or the method of collectioa of the taxes which she must raise. These taxes again, are not in vested nor spent for her benefit, nor has she any power of any kind over them. She if simply the coffer of the Spanish throne. The consequences of this disability are l03e whicli have always followed it and are to follow A burdersomo standing army weighs down and impoverishes the island. The rule of the captain-general is ab solute and abitrary. The exercise of the right of petition has been followed by expatriation and imprison ment The corporate association of the people for the purposes of science,art,or commerce has been discountenanced and impeded. The pxrts of the island have been clo ed to foreign ships, tor the purpose of creating a monopoly lor Spanish bottoms. But why enumerate a lengthening list fo evils ?. For this cause alone taxation with out representation we went to war, and deemed the step well and prudently taken. The Revolution in Cuba, March No. of Lippincott Magazine. , ThcFiuale of Johnson ism This is the last day of the Presidency of Andrew Johnson. Elected FiceNPresis 'dent by the great party that carried the Republic successfully through the trials and struggles incident to the most form idable Rebellion known, and speedily eN evated to the Presidency by the Pistol of a Rebel assassin, he dishonored his in auguation as Vice-President anddisgraced his country by uttering a .drunken, inco herent farrago' of nonsense before the offi cial representatives of all civilized ac tions, while the gaze' of mankind was fixed upon him," and signalized his access ion to the Presidency by most intemper ate denunciations of vengeful inflictions on the now prostrate Rebels inflictions of ten imposed on the vanquished, but nev er gloated over in advance, nor boasted of, by victors who respect themselves or the -opinions of mankind. His subsequent transition from Moreathing out thrat enings and slaughter" against the Rebel chiefs and insisting on his right to hang some of them in defiance of Gen. Giant's parole, to complete identification with their views and interests' and the most sweeping condonation of their offenses, is characteristic of his selfish, passionate, capricious, headlong career. Throughout his Presidential seryjee it is quite within the truth to say that he has done his best to earn the detestation of those who elect- ed and the contemptuous plaudits of those who would much sooner have vo- ted to hang him who eagerly profited by the treason, but despised the traitor. Mr. Johnson will leave behind him in Washington the good will of every man who exulted over the Robel triumph at Bull Run and ardently longed for the tri umphal ; entry of Lee's army iato the capital'; ho will return to Tennessee escorted and cheered from city to city by those who wishes success to the Rebellion aud shunned by nineteen -twentieths of all who wished the Rebellion overthrown' If he becomes a candidate for Governor of Tennessee, he will receive the votes of nearly all who would have killed him in: 1862 if they could, and will be badly beaten ' y the votes of nearly all those who rejoiced over him as the one Ten-s nesse Democrat whose soul was untainted by treason.r Extract from the Tribune. The ship that no woman objects to embark in A courtship. '! Why ought actors to be happy 1 Be cause their work is all play. THE IMUGUIIAL ADDRESS. THE CABINET. The Ratification of the 15th Amendment by the General Assembly of North Carolina. Erom Star Extra of MunliS. "We take much pleasure in calling attention f to the Inaugural of President Gkant. Ootn- ment iftannecessary, tlx) Inangnritl tak for itself," suffice it, to say it is like every thing coming from President Grant, hort, pointed, and marked with that firmness and ability characteristic only of our President. He pledges himself to carry out the princi ples enunciated by him throughout the cam paign, and declares his determination to ex ecute the laws of the country strictly, and re-assures us that he has no policy to en force against the will of the people. Let him have the united support of the Ameri can people in his administration of our gov ernmental affairs and we prophecy that all will be well. In the selection of his Cabinet, he has dis played much wisdom and forethought, as we are confident will be proven in his .ad ministration. Truly we shall now have Peace. - t "Washington March 4, 1869. The Oath of office was administered to President Grant at 12 o'clock to-day- In his Inaugural address, President Grant said : Fellow-Citizens or tbs United States : Your suffrage having elevated me to the office of President of the United States, I have in conformity with the Con stitution of our country, taken the oath of office prescribed therein. I have taken this oath without mental reservation and with the determination to do, to the best of my ability, all that it requires of me. The responsibilites of the position I feel but accept them without fear. The office has come io me unsought, and I com mence its duties untrammelled. I bria to it a conscientious desire and determin ation to fill it to the best of my ability, and to the satisfaction of the people, and on all leadind questions agitating the pub lic mind, I will always express my views to Congress, and urge them according to my judgement, and when I think it advisable will exercise the constitutional privileges of interposing a veto to defeaf measures which I oppose. But all laWs will be faithfully executed whether they meet my approval or not. I shall on all subjects, have a policy to recommend but none to enforce against the will of the people. Laws are made to govern all alike those opposed to as well as those who favor them. I know no method to secure the repeal of bad or obnoxious laws so effective as their strin gent execution. The country having just emerged from a great rebellion many questions will come before me, for settle ment in the next four years, - which pre, ceeding administrations have never had to deal with. In meeting the.e it is desi rable that they should be approached calmly, without prejudice,' hate or section al pride, remembering that the greatest good to the greatest number is the object to be attained. This requires security of person, property and for religious and political opinion in every part of bur common country, without regard to local prejudice Laws to secure these ends will receive my best efforts for their en, forcement. A great debt has been contracted in se curing to us and our posterity the Union The payment of this, principal and inter est, as well as the return to a specie ba sis as soon as it can be accomplished without material detriment to the debtor class or to the country at large, must be provided for to protect the national hon. or. Every dollar .of government indebls edness should be paid in gold unless oth erwise expressly stipulated in the coutract Let it be understood th:it no repudiation of one farthing of our public debt will be trusted in public places and it will go far towards strengthening a credit which ought to be the best in the world and will ultimately enable us to replace the debt with bonds bearing less interest than we now pay, and to this should be added a faithful collection of the revenue a strict accountability to the Treasury for every dollar collected and the greatest practica ble retrenchment in every department of government.. When we compare the paying capacity of the country now, with ten States in poverty from the effects of war, but soon to emerge 1 trust into great er prosperity than ever before, with its paying capacity twenty-five years ago, and calculate what it probably will be twentyvfite years hence, who can doubt j the feasibility of paying every dollar then with more ease than we now pay for use less luxuries. Why it looks as though Providence had bestowed upon us a strong box. The precious metals locked up Sin the sterile mountains of the far west, for which we are now forging the key to unlock to meet the very contingency that is now upon us-ultimaiely it may be necessary to iucrease the facilities to reach these riches and it may be neccessary also that the General Govenmene should give its aid to secure this Access hut that ahoold only be when a dollar of obligation to pay socures precisely the same sort ot dollar to use now and not before. Whilst the quetions of specie payments is in abeyance the prudent business man is careful about conti acting debts payable in the distajnt future. The nation should follow the same rule. A prostrate commerce is to to be rebuilt and all industries encour aged. tThe young men of the country-U-those who, from their age, must be the rulers twenty-five years hence,have a pe culiar interest in maintaining the national honor.1 . j A moment's reflection as to what will Le ur commanding influence among the nations of the earth in their day, if thley are only true to themselves, should In spire them with national pride. All di "visions gocgraphical, political and reli gious can join in the common sen timent. I How the public debt is to be paid, or specie payments resumed, is not so Im portant as that a plan should be adopted and acquiesced in. A united determina tion to do, is worth more than divided councils upon the method of doing. Leg islation upon this subject may not be riecesiary now, nor even advisable : b.ut it will be when the civil law is more fully restored in all parts of the country, and trade resumes its wonted channels. It will be my endeavor to execute jail laws in good faith, to collect all revenues assessed, and to have them properly . ac counted for and economically disbursed. I will to the' best of my ability, appoint to office those only who' will carry out this design. V ! In regard to foreign policy, I would deal with nations as equitable law re requires individuals to deal with each other, and I would protect the law-abiding citizen, whether of native or of for eign birth, wherever his rights are jeop ardized or the flag of our country" floats. I would respect the rights of all nations demanding equal respect for our own. If others depart from this "rule in their dealings with us, we may be compelled to allow their precedent. j The proper treatment of the original occupants of this land the Indian is a subject deserving of careful study.! I will fayor any course towards them vfhich tends to their civilization-christainizadon aud ultimate citizenship. j The question of sufferage is One which is likely, to agitato the public so long as a portion of the citizens of the nation lare excluded from its privileges in any State. It seems to me very desirable that this question should be settled now ; and I entertain the hope and express the desirs that it may bo by the ratification of the fifteenth article of amendment: to the Constitution. In conclusion, I ask patient forbearance one towards another throughout the land, and a determined effort on the part of every citizen to do his share towards cementing a happy Union, and' I ask! the prayers of the Nation to Almighty God in behulf of this consummation. Superior Court, Our Suporior Court is In session tins week, Judge Tourgee presiding. I We did not have the pleasure of hearing the Juilge's charge, on Monday, Lut nnder t:i.d it was clear, full, explicit, and charac terized with unusual ability. ; Not much business was transacted on ilon dy, the day being consumed io arranging llio docket, &c: though some very impor tant cases will come up during the wetki Tuesdi.y was partially cou.umed in )dis cussing the effects of the Supreme Cjttrt decision ou the Stay Law. L ngthy and able argonauts were made, and the discnsfeiun was participated in by some of the first : in tellect of our State. The decision of ,IIi lienor, the Judge, was, in part, delivered this morning. We preseut the material points in almost the exact language of j hi Honor, at d commeud.the decision as an able and very important production. "By subdivUion 3, . 8, of the Code! of Civil Procedure, all civil Action, for capses of action included within provisions of; an Ordinance entitled "An Ordinance respect ing the jurisdiction of the Courts ofjthia State," ratified ou the fourteenth day of M.irch, 18C8, are excepted from the classes of actions to which the code is applicable, and are especially exempted fron iu proM. ion "except a to form." Thee actions are not anions thoao which fc.Il within the pro- visions of sabdl vision 1 of f 8 Code Civil Frocedure, and to thoinlherefore, the Code applies to om." It was the intention of the Code, to permit the practice and pro cedure in such actions, to be governed by the provisions of that act, and of th previ ously existing laws. This act-by a reetst decision of the Supreme Court has been pro nounced unconstitutional. This decision destroys all the provision of that Ordinance as to procedure, and leaves the practlos In. such eases, to be regulated "by thftlsws extr feting," at the time of the adoption of thf Code of Procedure, In everything, exocpt as regards the form of action, and in this rs epect, subject to the provisions of the Code. . This leaves it a matter of great delicacy to determine acurately the precise rule of prso tice which should be adopted Id all cases. It Is a matter of regret that the Saprems Court did not, at the time they overturned the previous rules in relation to these cases, prescribe others, In order to secure harmony in the practice. Soich rules must, however, be adopted for the guidance of the bar, and tho protection of parties. One great divis ion f this class of aciious stands in peculiar relations to the Code, and it is of the last importance Mint a rulo for their conduct should be adopted at once. We refer to that class of actions in whioh summons has been issued returnable to this term, under sec 405 of the Code. Three questions mast be an swered before sueh a role can be pre scribed . 1st. When and how shall the defendant plead to the complaint? . 2nd. When and how shall replication be niaue. mu isbuo mi ue inaue up I 3rd. When shall these actions stand for trial, and when judgment be , taken by d fault? , ' . Remembering that the "old law" and prac the Code of Procedure, at to brm, let os see if we can harmonize the provisions of both, "When shall the defendant plead?" TLia is not purely a matter of form. Under ttie old practice, tho present terra .would have been denominated the Appearance term the next, the "Trial" term. If the de fendant did not appear, judgment might be taken by default. If he did not appear the case stood for trial, at the next term. kLt this distinction be still preserved as It easily may be. . How shall the defendant plead ? Evident ly this pertains to tho "form of action," and the Code gives us answer, "by answer or de murrer" as prescribed in the Code, and the same must be in writing and the plain tiff must have opportunity to reply or demur ; and yet the issue must be made op, for trial, at least thir ty days before the next term. . -One more question remains to be answer ed. IIpv shall the defendant appear?' It has been decided that the entry of an attor ney's name in an action, even without pleas, constitutes an "appearance." From these considerations, we deduce the rule, applies ble to this class of cases which came under the '-Stay Law," which rule will be observed aud enforced is this District. J. v t. idf. .A ti itiitb virion vt VanvHf VUIVI IS VrVl . by subdivision 3, Section 8, Code of Civil Procedure, in which the summons is made returnable to the present term, under sec. 405, if the defendant makes no appearance (by entry of attorney's name upon the dock et), before the second Wednesday of the fault. If appearance is. thus made, the de fendant shall have until the eighth Monday, preceding: the first day of the next term, to file his answer, or demurrer, to which the plaintiff mar demur or answer, as in other actions under the Code,, the issue being made, up and the action placed upon the "Civil Issue" Docket, thirty days before the begia ping of the term. If no answer or dem- . nrr.r fit-all liftr hoan filpd w tliA AafonAint on or before the time, above limited, the ac tion fdiall be placed upon the "Civil Issue' the defendant, and the plain tiff .shall be en titled to judgment, at the next term, accord ing to the .prayer or hia complaint. All pleading must be under the code, aod If the complaint U verified, all subsequent plead- , ings must be verified also. It is believed that the above rule harmoo- , izes the requirements of the former laws, and f also' meets the demands ot the code." Wo are pleaded to see that the Judge is , winning golden opinions of the members of the bar; his qniek peremption, acuteneas of thought, ready tact in imparting knowledge, and the quiet dignity with which he prs- Mie9, eems io nnre entirely won mo aunu- rutin and respect of the whole people. Apmikal Fabraout eutercd tho navy when he was ten years of age. lie 'was very profane, he drank freely, and was Inor dinate as a smoker. Sitting in the cabin on day, he saw the drift of things, and re- -yolred to change hU course. He formed a resolution to give up'driukingjSwearfng, and ' tobacco. He had pluck to make-an cnJur- ' ance to ke p the resolution, lie says now if he has gained any honors or been of any service to his country, it was owing to the resolution he made when a boy. Every,; man tires of his badness a, times, and wish es he was oat of ijt. Bat basine well se- : lectwl, conducted on principle, and firmly adhered to,' will lead ultimately sacce.