-''-"-' '. ; O 3? I 3ST I O 3sT Chief Justice Pearson. IJi THE CASK OF "v State on Relation of C. C. Clark and Other vs. K. It. Stanley and Others. The Governor shall nominate, and by ur.d with the advice am! const-nt ol a major- ity f tlu Senators elect, appoint nil nfhVcrs who-e'ft",ci,are established bv this Constj union, or win it thall be created bylaw, hi;1 uli appointments are riot i.tlurwis-e provided tor, ami no such rhcrr s!;.ill lie . ap;-i"-d i r tlcctcd by th, G-r.irul Assembly.- Art. Hi. station !0f the Con sti'uti.iii. ' ' Ti.e wriii; whrte app lint nun's arc uo thtristj provided tor," eviih-nt I v mc-ms: provided for by the Constitution, and the word : Ni sucli ofhYe-r shall lc appointed ir elected by the General As s-cir.biy," arc Mipr-radded a nn express veto uprn: the power t" the General Assembly, tn appoint or, to elect any "flicer. whether the office is established by the Constitu tion or shall Uncreated by an act ot the G n--.4l Assembly. This const ruction as not contested on the argument, and the case was put by the counsel'. f the plaintiff on the ground tint the Act ot April, 1871, 'whicli nu tl orizcs the President of the Senate and the Speaker -f the. House of Ilcprox-nta-ttvc V appoint. proxies and- directors for the" "State in all corporation- in which the State is a f lookhdd-T, dins not create an oliice. 1 On the prtrt of the d IVtu!aut.-, it was Insisted : Th if the Acf of April. 1871, dors eriate an office, and that the .General vAs eemb'y appointed officers to fi'I ths-i r.t-vv oilice in violation of Ait. i ir. S c. 10. .t" the Constitution. A public otEce is an agency l-r ine. Slate .-nl tin person whose duty it is to perforin this agency a public officer. . '!'!. v.c i on?i ler to bj ti-e true definition of a pub lii- iifliri-r in its niiiMnal broad sens?. The csMriice of it is, the duty of performing an . agency, thnt is, of eloiug some iCt or acts :r wins of uct, lor the brate. j Puhl'c officers are' usu-iily rt quired' to tike an oi'.h and usually a salary or fees i nr- annexe! to tue omcc, in which rase n is an office coupled with an interest-.' Hut the oath and the salary or fees, are mere incidents, and constitute no paitrTT the office:. Where no salary or fees are annexed to the office, it is a naked office honorary, and is supposed to be accepted, merely lor the public good. This definition also excludes the idea, thit a pnb'ij office must nave cooimuar.ee. if can nuive uo , difference, whether there be but out act I r a scries of acts to be done -whether j the office cxpiris as soon as the one act is j " done, or is to be held for jcars or .during I rood behavior. This incident, however, j ntvtf not be considered for he -e there iscon linucnce: the duty is imposed upon the President of the Senate, and the Speaker of the House of Representatives, for all time to Mine. ! To Illustrate our definition : The Extc utive Department is nn agency for the State, an I tin Governor and others whose rtuty it is to dis; hurge this agency, are public officers.' The Judicial Department is an agency for the Stale, an 1 the Judges arc public officers. The Legislative IXj artmctit is an agency for the State, and the members o the Sen ate and of " the House of Ilepnsent.-itiv.-s, j are public officer. j It it lie oliccte.i. vtorti'vvs. i;a:uu,o- N. C, 199, speaks of membursof Congitss and members c4" th General Assembly as lift being pntrlie offirtr; the reply is: The language iised in that case has refer er.ee to the nor ling the 14th Artie!'-' I the Amer.dineiits to the ConMUution . I United States, in whicli the - Scnatr:s ar.d Kepiewntatives in Congres and Members tin Sfati- Lr'is!ature' are notuin-ttcd. b-cause f bring promiuctit ol-ircts easily p outed at by-fpccinc terms : uiu in u gnrd to the other objects, they could not be pointed out, or nominated by terms so spe cific .md recourse was Lad to tho more general term, "executive and judicial of iicers," s. the inference that '-members of Congress and memlxTs of the General As semblv" are excluded from the original ami broad'sensc ol public officers" is by im means logical. J But supptise, in souio way, cither in that above indicated or by in adveitence in cases not calling for a precise definition: "Membeis of Congress and members of the General Assembly" have bee n taken out of the definition ol "public c fficeis' and are to be sUled public ser vants." 'A distinction without a difference, "that does not affect an argument, and we mav allow this anomalous exception, with out' at all impairing the foice- of the con clusion drawn fiorj the leg 1 imaning ofa public officer." Tlie distinction bet ween "Woithj vs. Barrett i this; hen, v.e are fre tting thety ms " public offices and pub lie officers,' in! the b.-oad, original legal tense in which these terms are used in the Constitution ot the Suite. There we were tiealing the terms in the , restricted stiw, in which they arc used in the 14th Artich; ol the Amendments of the Constitution tn the United States. . ' . The instances given are olticcs coupscu . with an inierest. The management t the ... nr. r,, .. ittf jifil t LUlVCrallV IS au a-cue-i ivi the Trustees upon whom is .imposed Me duty of discharging this agency, an pub lic officers. This office is naked and merely honorary. ... i Suppose it be enacted by the General semt.lt : ' There shall be some fit per son, whosi duty it shall be,' to see, that all iH.rsons against whom there is probable cause for the charge of felony; are forth-, with arrtsted.-nd in case any persou shall flee from justice, to offer a. reward lor his '""U further enacted - f lt J?hn . . . m- .1... .l.oioj ttiresaid. Smith uiscnargc .... - This is an agen?Tor the State ; a public office; it makes no difference whether it be it jk'd - office of General of Police, or has no name, or wucuwe. - "laV W tit istoaltintentsaud ureses a public officer. The Cons'. tu lional.ty of the! act might be Ih-ciu-c to make tins new outer, u, fo?i.nor the Executive Ih put mint is aken a" av;iu oth-T words, the material of wdficl this new office is .a.nufac Za U taken from the hi. end ulacc, because the General A I... 1 this new oincc oy is " Znt,cy to the express n.vi m f Ute Constitution-" lio such . officer -d-11 ipPintVd -i elected by the GcneraLA'scmb.y.' - .... tv A wain suppose an act :" iicn-u. u eriSS haVpVoved. that the Governor as made an Fill use of the power of , p. t.t it is enacteil: there shall be Tw-o fit Arsons t:" " .pp-intor. -encrui;1 whose duty it l.all b'to appomt nil pubi:c officers and to fill all vacancy ,Sec 2- It fftr tncttd,-- joe President of the Senate and the 8pH-r j j it ihH House of Representatives, shall be the appointors general. . 1.M, "M "clearly uoconstitutional ; for, in the first olace in order to cYeatcthia nrw office, j takes from the Governor a duty or.; - function vested in him by the C-nsutu tion; and in the second place, the Gcce i..AmKi. filU the office by tfioxu . ... . fw:., ...-T ia s appc4ntmenCcoat'7 1 ue exPrtS vc ' of that instrument This is the case under constderstion. True, It is on a larjzcr scale and covers more ground ; but although differing in degree it is the same in principle. A new office is cre-ated, it is not so.iu name, but is ia effect the office t "appointors for officers in all corporations in which ti.e State is a stockholder," -and in order to create the office a duty or 'function of !m office is taken Itomthe Executive, ar.d the appointment of these -appointors for Corporation" is made ly the General Air sembly. If it be Kaid, there is this dis'inrtion : The ""appointors general in the s-upposid act, arc to appoint' Sdl State officer?, whereas, 4 he appoiniow tor corjmMtioiiv are confined to Stale proxies anodrectors and these r m.t offiefs of tne State, but of a corporation in which the Stare. V a stockholder. The reply is: This is a distinction without a difference. ccn shonl I it Ik-conceded. "that the proxies and tlircctors . are ., cot public pfficert :nt' which qu-stiou.we will not enter, lor our concern is with the office of "ppointors for corporations" and not with I... . . I . ....... arrvr..,- 1., if. th? riprmins tliev mv aonfint to thce f- fices. To the s'uggtstioD, the act of April, 1871, docs not purport to create au office or to fill it, the reply is : such. obvialy, is the legal effect of the act. When ana lyzed, it will be found to contain two pio visions: there shall b an agency for the Stattflo make the appointment of all State proxies .ami State diiQctors in corpora tions. This creates a public office aud it can make no diffi rence that it is culled the office of appointors of State officers for corporations, or has uo name given to it; in the second place, the officers w ho are to discharge this dutyt app anted fiy the Grtiernl As-i4y. V.-. . V 1 , 1 We declare our opinion to be, tiiat the "statute is unconstitutional, and that the re lators are not entitled to the offices claim ed ,We put our opinion upon familiar principles aud plain analogies W the law;, which are intelligible to every one,-.. The. many cases cited on the learned nigumeut with" -Ahich we were favored, are not re-f.-tn,l trk loriii-i 11 full tliscu-sion of them . would tend rather to oscure th in to elu cidate the subject. j We will only refer to Hoke jrs Render , son, 4 Deveretix. p.13; tliat mine from w hicli so much lich ore has been dug. In the able hmI elaborate opinion of ChieT Justice Ruf-" ffn, wc find an instance ofa publicoflicer clearly in point, which fully confirms our conclusion. It sustains the distinction be tween a nuked honorary office, like theone which we have been discussing and an of fice coupled with an interest. It sustains our conclusion, that the duty of appointing t nn ojiice, constitutes of itself, a public, officer, ami there is the further coincidence of indefinite continuance by conferring the new office upon the incumbents of offices already established. On p.:ge21 he says: The distinction in principle between agencies of the two kinds is obvious, the other one is for the public use exclusively, often neither lucrative nor, honorary, but onerous. The other is lor the public servie'e conjoint ly with a bencSt to the officers. The dis tinction which I am endeavoring to ex piess, may b.; fully exemplified by the dif ff ience between the public agency in np pointing, and that exercised in dischaiging the du ic3 of a -Clerk. IJy.lhe law the Judges of the Superior Courts, and the Jualiccs ol the County Courts, wese au thorizi I to appoint the Clerks of their,, respective v ouits; that power is an ojfice in the extended sense of that word, whIi originally signifies duty generally-, t ut it is not a lucrative or valuable office, it was a duty to be p-rlormed exclusively for the public convenience, and wtth reference to it . alftrje, without any benefit immediate or remote the Jadea or. Justices a-j :cji . , viduals.'The Courts in this respect ate not exercising a Judicial Junction, not sci v n for emoluments, but w ere mere minis'eis of the law, aud naked agents of the lody politic, to effect an end purely "pTiblic.' Hut "when the Country has t h tough t ho; agents atiDointed a Clerk, though fie i also a servant of the' public, yetlv is. stMiiething more than a naked,. ynintercsttd politic d agent." . -j 2. Another ground was taken for the defendants: It is the one oa which his Honor in the Court below put Ids opinnui. By the net ol 24th March, UT0, the Gov ernor is authorized to appoint proxies and directors for the State in corporations in whicli the State was a stockholder, prior to tlit adoption of the present Constitu tion;' This act was assented to, ns an amendment of the charter by the corporators of the Atlantic & N. C. Railroad Company, at ,u general meet- in" in June 1870; "and it is iusisted that the act of April 1871, which authorizes the President of the Senate and the Speaker ol the House of Representative?, to appoint proxiei and directors for ti.e State, in all corporations in which the Si te is a -teckhoMer and repeals all laws ia conflict therewith and I ubids the Gov nor t' make such appointments, is uncon. sriLJtional in this: It 5i!ate the charter ot tlie company and varies the contract without the. assent of the' corporator". Heplv : It may be the c mpaiiy has a light to complain ot this change in the charter, ' but it is an act of the Slate, and as both the 'defendants and the plaintiff profess to be actin" under the authority of the State, neither can bj heard to make, the oujecj ti,.n Rejoinder: The .lefendants title ii n t involved; the title of the relators n alone in quet-tion ; and they cannot make a fooiT title under 'an act which involv-s the charter or the company. Surrejoinder : By Article VIIT, section 1 of the Constitu tion : "corpor.-.tionvmiy be Jormvil under general laws," &C ; "all general laws and special acts passed pursuantto this section may be ltercef;from "time to tim or reT pealed;" truiV this does notupplj to con poratfons chartered before the adoption of the Constitution, but the Atlantic and N; . C. Railroad Company by accepting the amendment of thtir charter by act ol 5Lrch, 1870, placed itself, in that rcspectl upon the footing of a corporation charter eil alter the adoption of the Constitution; ami the power ot the General Assembly to alter the charter from time to time, or i repeal the amendments, atlaches to t.ii corporation. ' . ' . 1 This is an interesting question, into which we will not enteras its (b. termina' tion is not necessary f.-r the purpose oToijr decision, and in regard to it, the corpora .lion ha3 not been heartl. Tin iudffment of the Court below- is, - . . , . affirmed with costs. " - . Pkakeoh. Vermont is said to posses an island thfi soil of which is richly charged with i,i This auriferous bit of insular! V , territory having been leased for a terra of years by a single individual who is net at all likely to permit any one to trespass upon his valuable premises. I 1 l . mitarnriciiK 111. I lite lessee, hhu - vm- dividual, proposes to divide his golden island into numerous small tracts, and let them ontto those who desire to try their fortunes in the lottery of mining without le-aving the confines of civflf zation. Philadelphia Inquirer. - A watch Cttad with a second-hand need n ot necesarily be a second-hapd 43- All Letter ' retaitiaj " to Subscriptions or Advertisements," must b addressed to WM.M. BROWN, Business Manager. - t . All Registjred Letters can te sent r.t our risk. , ub3eriben receiving-their papers with a rmu W mark, mar know that the time for I which they subscribed is nearly out, and unless they renew, after receiving ywo papers, witk a cross mark, their papers will be discontinued. . . ' J. C. LOGAN HARRIS, Editor. THURSDAY, FEBRUARY. 22, 1872. .Local,-State apd General Items fnurnnr for'iKD. KLUX AND DEMO- chats. -The opinion of Chief Justice I ear- I I .' V,nnf1 m AI1P fl rtt TIHCTfi. JIex.-A cynical lady, rather inclined, to fltrf W iTioxt men are like a cold very; Uasily caught, but very difficult to get rid of. Bankruptcy. The Tobacco Plant says the Bank of bape Fear has gone intti Bank ruptcy, Rev. K. il. p. 'Wilson, of Greens boro, has been elected assignee. . Preserved. The Confederate rams Chi cora and Charlestoiv which - were sunk to prevent capture by the Federal forces on their oycupotiou of, Charleston, have been raised aud found to be in very good pre-' ser-ation. ' - "' - . ' " Good "Juror. A man recently drawn as a juror at White River bottom, Ind., came from the country to state that ho hadn't been to the city before for thirty years, ad did not know w ho had been President since Andrew "Jackson. . t. ' ': .1 " , SuiqiDE. A Tennessean conimitteti sui cide by keeping the muzzle of hi rifle at his head and the breech in the lire until the piece was discharged by the heat. One would prefer hanging to such suspense as ho miist have endured. ' Age. Judsre Cloud will be sixty-eight vears old on the 1st of April next Winston Sentinel, ' Surely not. The Jndge is a single man; and we are informed is as gallant as any ' young buck just out of his teens. The Sen tinel broke a rigid rule of etiquette in puD lishing the age of the J udgo. However, e don't believe he is sixty-eight. Liberal Republicans. We learn that nhe "Liberal Republicans" of North Caro- una, Hr iximeciu pioeiofi t- meeting during the Spring, for the purposes UI CU1ISUUU11U11 UUU vijjouuiui - m7 TT . . r-lf there are Repnblicans in North Car olina who desiro to bo known as "Liberal Republicans," in contradistinction to other Republicans, wo- hope they will make themselves known. '. Forsytiie Countt Republican Meet "inck A meeting of the Union Republican 'party of Fbrsythe county will be held at the Court House inWinston' on Saturday, the 1Mb day of March, 1872, to appoint delegates to the State Convenon of the Republicaji party, to bo held in Raleigh on the 17th day or April, 1872, to nominate a true Republi can and Union man for Governor, and also to appoint delegates to the District Conven tion, to nominate a Republican candidate for Cong. ess. " Yadkik County Mass Meeting. We are authorized to announce that a Grand Mass Meeting of the Republicans of Yadkin County, will be held in the Court House at Yadkinville jn Monday, the 4th tlay of March, lS72,when and where delegates, to thevState and District Conventions will be appointed, and, a thorough organization of the party," throughout the county, effected. All Dorsons who fafor or desire the suc- i coss of Republican principles and of the Republican -party are urgently requesiea io attend. ... Republican Sociable. -The Wilmington Jonrial publishes a list of persons who were present at the first Sociable of the Southern States Republican Association, which came off at the Masonic Temple in Washington, D. C, a fe w days ago, an d says : We looked for tho names of some- colored loyalists but found nonc-no, not one! , Affording to the logic of Ike Journal, if Democrats should have a Sociable, no painVwill bc'spared tP secure the presence of Albert Williams, Stephen Wrorth, and SToni Green. ' ' - '' "'War. It is rumbred that in the event of war it is Grant's intention to put the negroes in the front of the battle so as to keep them from running and make breast-works of their dead carcasses. H illsboro Recorder. WrongJ The fifty thousand ku klux who compose a majority of the Democratic party of this State, are to be put , in front of the bat tlevi In order to keep them from running, disguises will be furnished, that they may wear their favorite uniform, and maintain their reputation for brave, men. It is thought the klan will furnish enough men to clean out England and Spain before breakfast.. , , 1 - i r ' '',. . . , - The First Gun Fired ! TAe Wilming ton rost says the political cauldron begins to bubble boisterously ; tlie democratic wa ters arertroubled and iu violent commotion. Themsmembermentofthedemocraticpar- tyhas began already at the capitol or tne State' A democratic Senator repudi- a.cs i,U coHeagui. When; the bUl nxlng tho Senatorial Districts cam up ior coiisiu ts cam. up for constd- a prominent Demo- oration in the Senate fr.iti.- Senator v arose . in "his teat, and plac in3.his .hat yPn his head, in perfect contempt; he. said : " Mr. President, 1 leave this Senate Chamber never to return, but be fore J leave it, I denounce you all as a damn ed unxcorthg and corrupt, body and, set of mii," and fco with his hat on Tils head, he Elalked out of the Senate Chamber. Anoth er Senator, foremost in their ranks, has de clared, that the bill fixing the Senatorial CT . disrricts derives the people of tlieir jusi J" d.pmotfth,-, -reprcscutatioit and irrevocably defeats the -Lharleston, itaieign, . A ? '- l-mw M ".ill A VW-fct llDF fD1. ' - ' ' Uemocraiie; yi ej jmi. rimon,'(wiLli a voiccliko the squeaking of a file,) squeaks' out: "Let's fix tho. law so that a Republican can never again be elected." Honest .confessions arq gooulor tne souu' Our denioeratio neighbors cau putJds "fine cut" in their pipes and smokeltr ; Notice to IIopsKKEKPKits.Thoc who vt ish valuable inform in will lo well to 'ncioneS cent stamp to W. J Edwards, P. t -v. - TtatAio-hl x ' C2- The Article h IrWr for sale is worth $10 to any household. Any persoti -wishing ttfttiake money during their leisure hc-ors will' do well to address vh1ui Immediately," " IIok. O. II. Dockeby. Of this gentleman the 'Wilmington. Tost cays r , ..y . We were pleased to meet with our friend and former reoresentative Cob O.'H.-.JDock- ry orxfriday. Col. Dockery is, an he has aiwaysoeen,none5i. auu ujreu --"- vi sions of his opinions. He as au honest Re publican avows his determination to toe grverned by the time honored principle of ?publieanism, "Majorities shall. ruW Col. Dockery is a gentleman, and, though Tie like other members ; of Congress may have his preferences, we are prpud to say that no instance can be 'shown where -Col, Dockery yielded his time-honored principle in promoting unworthy men for party pur poses. Like his great prototype, Henry Clay, he would rather be rights, than be President. Such is Col, Dockery. ,--c i y . , " ; T T. - ' - ' y. Xkw Telegrami LrNE. re. Wilming ton rost says a telegraph line will soon be established on the Wilmington, Charlotte and Rutherford Railroad from Wilmington to Charlotte. We hope the citizens of Fay--ette villa Avill see lit to connect with. it . at Lumberton,:and get into communication with the outer wbrcLw-So busy and 'thrifty a olaco as lhe: town of Fayetteville ought not to remain outside any longer. . The m- terests.of Fayette vxllo ana wiuniflgion, are inseparable. -.; ;r' ;Jt ." -'T '''' - Raleigh Markets, 't; : ri ."- "Wliolesale..J?ricee.,,' ; B.y" . . POOL & MOR1NG. Grocers and Commission Merchants, Cortior Wiimingtori and Martin Sts COTTON per lb., - - - . - '-. CORN per bushel, . v - . - : S OATK-per hundxeliV. -FLOUR North Carolina "Family, t FLOUR Baltimore Family, -t - BACON per Tb., - - V j SALT per sack, - - - - - " BAGGING - - :-, - -COTTON YARN - - - . ' CORN MEAL per bushel, - -02 90 10 Si 85 16 60 Xletn.il I'rice. ' IiX A. K. C O INX & A. L F. O B 13 Grocers and Commission Merchmits, v " 1 Trarra-fitt Street.. BACON Baltimore smoked,4 To 11- 10 00 9 17 25 30 7 5 SO 25 95 00 25 . unsmoked, 9i o t -strips, --shoulders, -N. C. Hams. 12 m 8 15 g 20. t 25 6 (o) 3 (& 20Xd BUTTER per lb. BEESWAX per lb., BKKF On hoof. - " per quarter, COFFEK per tb., - nHlfESV TWr tb. . COTTON YARN per bale, ,'- 65 (g) CORN per bushel. - - , CHICKENS per piece -EGGS per dozen, - -FLOUR per bbl., - -FODDER per 100 lbs., -HAY per 100 lbs., . -HIDES green, per'Ib., -. " . iirv. oer fi).. - 20 8 00 cjll CO 1 40 1 50 ; 75 1 00 G 7 ' . 12 15 7 50 8 00 . 30 (g) 40 15 . 33 0c 50 1 CO 1 00 1 10 75 90 . 00 1 00 :. G S ' 75 (2 50 , SO 1 00 20-"00 , i6 $ m 15 00 , 12J 00 2 75 3 00 7 (ri) 10 40 (dj "50! HERRINGS, N. C per bbl., "j - LEATHER per lb., - . - T.ATin Pr Th. ' -- - MOLASSES per gallon. - " Golden Syrup, ME All per bushel, - -1 OATS per bushel, - . - " per 100 lbs., . -PORK - - - - -POTATOES irish, per bush., . -.; sweet, per -bush. SUGAR crushed, - - o extra u., - -P. R., - - - common. o 1 SALT per sack, - t - -TALLOW per lb., ' -VINEGAR per gallon, - Cotton IVIarlcets, -u r . GEORGE T. HTiJONACH, Dealer in Cotton ami Itavai Stores, AJ.CKA-nVV MAa.hA. -"- - Receipts at Raleigh, - - - 50 bales. quotations: Ordinary, - - - - Good ordinary . - - - ; Low middling, - 19-5 21 Newbern Corn Mrtrlxet, KE TOUTED BY WILLLIM IJ. OLIVER, Cbrn and Commission' Merchants, NkwbeRN, N. C., Feb. G, 1872.- Market quiet, 1 receipts large, . Sales at C2G3 cents per bushel of SG pounds.. Railroad freight hi Goldslioro 5c., to Wil mingtoiV 10c; to Raleigh 10c;, to Charlotte 18c. per bushel. -; ' ' ' " XV. T.ADAMS. ' T. K. ADAMS. W. T. ADAMS & SOW," . Manufacturers and Dealers in , STEAM ENGINES, I, SAW AND GBIST MILLS, PlotrsIIaijotcsi Cultivators, HoMing ; w Machines,: " and all kind of . - All w ork neatly and promptly executed,, by skilful workmen, on the most reasonable terms. , s - The senior partner has had over 40years experience in the business, and feels justified in saying that he can give entire satisfaction. WANTED 100,000 pounds old Cast Iron, for which the highest market price will be paid, in cash or exchange for work. ' Works 4ie.Sai-i.a-re; "West of Court ;..' House, '.i - Italclgu, January, 23, 187i. -w3m. $200 "KU ARD 1 missioner, stands charged with' forgery in S&ffit&&yito Board of ; commissioners of said county hereby offer a; Reward of Two Hundred lUUttl IVl JLT- r ;a rnnnnn tn tho Shpriff of Chowan iton,Se hundred dollars for his capture and delivery in any jail so uiat uc ujaj' viu.u.vv. j 1 r pies, By order oi uoarti exiiiiuj3sieiieio., O. F. GILBERT, jQerk, tc., . tnowsn -uouniy. Edenton, N. C, Jan. 10, 1872. 92-30d. DESCRIPTIO-N- : S. S. Cannon is about 28 years of age, quite black, 5 feet 10 inches higlvslim built, thin visage, eyes large ,and rather protruded, the whites having a brownish cast, smiles when spoken to or speaking, talks and I .. i 1. - 1 TT in woll L-nnwn ir dresses wen, uuu uu v.. ITew York Office, 27 BEEKHAIT ST. JanWr20, 1872. L 1 Legal Advertisemerltr;- In pursuance of An -Act of tho. General Assembly, raUried.the 23rd day of Januarj',. 1872, I Jiave caused' to be f published the following certified copy of " Aif Act to alter the Cdnstitiition of North Carolina."-" ' h- "E. J. WARREN, "S I President of the Senate. J.auuary-27 1S72. , - - ; r AN ACT to alter thcT Constitution of North Carolina. ; . Sec. 1. The General Assembly or isprtn Carolina do enact three-tiftlis or au the members of each House concurring). That the Constitution of this St State tie altered as follows, to wit :- ' -v.r Amend section.six, of the first article, by striking out the first clause thereof, down to and including the - word "but;" this be ing tho clause relating to .the State debt. Amend section two of the second article by striking out the word 'annually," and inserting in lieu thereof, the worcr "biennially;"- being in reference "ici' the" sessions of the General Assembly - -- ' Amend section five of tho second article by Striking out all that precedes the words, "th said Senate districts," and -by striking out4he phrase "as aforesaid or" in said sec tion; the parts so stricken out having ref erence to the State census. ." "' ' ' ' jxi Add a new section to the second article i.yhp bMrtI "Ration no." and to read' as f6IIows "The members of the .Geiieral As sembly hall each receive turee. liunarea dollars as a- compensation i'or: their servic&s dn rin? their' term.ublect to such regula tions in regard to time of payment and re auction for non-attenaance as-my u yiv seribed thv law ; bu . they ; may ; have an additional"aliowapcer when they are called together in special' 'session,' arid mileage shall be ten. cents per mile for each session Amend .section one of tho third article , by ctV ntin Ant. thn wnwls four-vears.'- v'iere thAvnnmir first in sn.hl Rection. and lieset- ino- ti liftn thereof 'the words "two years, beino- in reference to the .terms of executive rfTi pore 1- Strike out the words Siiperintendent of "Pnhlirt Works " wherever tney occur , in t.h nnnstitntion. thus abolishing that office xVmoad section six of the third article, by stntinir nnt tho word "annually." and in serting, in lieu thereof, the word "biennial W.'T o as to conform to the.provision re specting the sessions of the General Assem Strike out sections two and three of the foufth article, being the provisions; which rofor to tho annointment.and duties of tne riodfl Cnm missiOners.' ' - - -- Alter section four of the fourth article, so iimi. said section shall read as follows : wh iiidimal no-wei of the State shall be rtii( in , Court for the trial of impeach- Court. SiiDerior Courts, such inferior Courts as may be established by law, and Courts of Justices of the Peace. V ; Alter section" eieht of- tlia fourth article, cn Haf said app.t.ioii. shall read as follows: "The Supreme Court shall consist of a Chief j ustice ana iwo Associaw 1 wsyxo , y v. ded, That this shall not apply tb the justices during their present term of office, unless by j death, resignation, or otherwisey-the number ofsspeiate Justices shalkbe re dweed to two." ' t Alter section twelve of the fourth article so that said section shall read as follows: "The State shall be.diyided into nine judi cial districts, for each of whicli a judge shall be chosen ; and in each districfa Superior Court shall.be held at .least twice in each year, to continue for such time in each county respectively as may be prescribed bylaw. The General Assembly shall lay otrsnid districts in due time, so that the enid iiino indores mav be chosen and begin") their official term at the first general elec tion for members of the1 General Assembly which shall occur after the ratification of this section." The General' Assembly may reduce or increase the number of Districts to take effect at the end of each judicial term. Strike out section thirteen of the fourth article, which fixes the present judical dis tricts. - "" ; ; - : . I ' Amend section fourteen of the, lourthrar ticlo by striking out. all : after the word "office," andnserting, in lieu of the part so stricken out, the following: "The General Assembly shall prescribe a proper system of rotation for the judges - of the Superior Courts, so that no j udge may rid the sam district twice ill succession, and the judges "may as exchange districts with each other,- as may be provided by law." Strike out section fifteen of the fourth ar ticle, and insert in lieu thereof, the follow ing ; The General Assembly shall have no power to deprive the judicial department of any power or jurisdiction which rightfullx pertains to it as a co-ordinate department ; but the 'General: Assembly shall allot and distribute that portion of this power and ju risdiction, which does not pertain to the Supreme Court, among tho other Courts prescribed in this Constitution or which mav be established by law, in such manner as it mav.deem best, provide also a proper system "of appeals, and regulate by law when necessary the methods of proceeding. in the exercise of their powers, of all the courts below the Supreme Court, so far as the same may be done without conflict with other provisions of this constitution." Strike out sections sixteen, seventeen, nineteen, twenty-five aud thirty-three of the fourth article. " - Amend section twenty-six of, the fourth article bv striking out all that part which begins with, and follows the word "but" in said section, and, in lie"u of the part so stricken-out, inserting the following: . "The judicial officers and the clerks of any courts which may be established by law, shall 'be chosen by the votoof the quali fied electors, and for such term as may bp prescribed by law. The voters of each pre cinct, established as is elsewhere provided for in this constitution, shall elect two jusT tices of the peace for such term as may be fixedtJy law, whose jurisdiction shall extend throughout their respective counties The General Assembly may provide for the elec-- I tion Of more than two justices of the peace . . 1 - ' in those precincts wmcn contain, ciues or to wnsV or in which . other " special reasons render it expedient. Tho chief magistrates of cities a nd incorporated towns shall have the judicial powers of justices f the peace." Amend section thirty of the fourth article bystriking out the word " townships " and inserting,' in lieu thereof, the word " pre cincts ;" also in the last sentence of the same section, strike out the words . the cbmmis sioners of the county may. appoint to such office Tor the unexpired term," and in lien thereof insert "an appointment to fill such vacancy for the unexpired term shall be made asrmay be prescribed by law." 'Amend sections one and seven of the fifth article, by striking out the words "commis sioners of the several counties" where they occur in said sections, and in lieu thereof in serting the words, " county authorities" es tablished and authorized by law." Strike out'seetion four of the fifth article, relating to taxation to pay the State debt and interest. ' ' - :-! s ..;. f . : Amend section six of the fifth article by inserting after tho word 'instrument" in said section the words " or any other per sonal property." . - Insert the word -" and " before the word " surveyor" in seetion one of the 7th article, and strike out the words " and five commis sioners" m safdsection ; aLsQ add to said sec tion the following : "The General Assem-: blv shall provide for a system of county government for the several'countie3 of the State,"'-: v.-s ' .-- :' Amend section two of the seventh article, by striking out the word " commissioners " and In" lieu thereof inserting the ; words " county authorities estabUsfied and author ized by law;" and in the same&ection strike out the words, "the Register of Deeds shall be ex officio clerk of the board 6f-commissioners.".-; ; . ,.. : : ' . ' ' Strike out section three of the i-eventh ar ticle, and in lieu thereof insert the following r- The county authorities cstabli-'sncd and authorized bv law shallTSea that the 'respec-. ,.i ....I..;.1A,1 .iinMitii.i. ber of su b-di visions, as convenient and wm- pact in shape as possible, and marked out t:...a-!..i......: ..Ti.ri. i... i. wi;.i, Mvnrr Nii r,n-divii-ns shall be known bytuc name of prcvim-U VA x VU i -" '-',,'-- necessary." Thev shall have' no corporate powers. T he township governments are aliolished.' The boundaries of the precincts sliall be the same as jhose which heretofore defined the town ships until they shall-be altered." v ' Strike out sections four, five, six, ten and eleven of the seventh article, whieh .relate to Tne xownsnii i? wim, i 1 1 1 .m. T Amend sections eight and nine of the sev enth article, by striking out tne vroros or townships," where they occur-in said sec- -! f out sec.iion-lhrebvof the ninth artl cle and in lieu thereof insert the following: "The General Assembly shall make suita bid provision by 4aw 'for tho management and regulation of the public schools, and for perfecting the system of free public instruc tion." '" ' .s Strtke out section live ot uie mnwi aai cle' nd in lieu thereof, insert the following; " Tiio General Assembly shall have power to provide for tho election of Trustees of the! .university of North uaroima, ia xtum chosen, shall be vesten an uwm . lees. rights, franchises and endowments heretofore in auy wise granted to, or con- ferred upon, ie tjoara oirusioca . University; and the General Assembly mav make sutrli provisions, laws and reg ulations, from time to time, as may bo nec essary and expedient, for the maintenance and management of said University. . . Strike out sections thirteen, louneen auee fifteen of the ninth article, relating to the TTn'Tversitv of North Carolina. Amend sec tion ten of the eleventh article by striking out the 'words "at the charge 01 uie . dwmj. and in lieu thereof, insert the words by the State, and those who do not own property over and above the homestead ana personal property exemption prescribed by tins ton stitution, or being minors, whoso parents do -not own property over-and above the, same, sliall.be cared: for at the charge of the , a rsr Kwr uin- Keven 01 euu luuiu.vutu ?a so tli at safrTrsection-shall ' read 'as fol-f follows : "No person who shall Lbkl I atiy onic-e pr place of, trust or profit under the United, States, or atjy department thereof cylinder this State, r uhder any oth?r. State or government, shall hold or. cxerqisq any other ofii 'or place of trust lor proht uhd'e the auth'oritv'of this" State,1 oro elK trible to a seat in either honso of tho General Assembly ; JTVovided, Tliat nothing,.herlin contained shallT extend to officers, in the militia,-Justices of the Peace, Commission er ofFubSb Charities, or CommissioBers for Special Plirr3ses.w ' . ! AQu anowier secnuu ee wro luunccum ?oiA tA he stvlAt section 8" anti 'to read oo i lowa ' Honntv officers, justices of the peace and . other -officers whose offices qvo abolished or changed in any way by the alteration of the constitution, Tshall continue their , functions until any pro visions necessary to be made by law in or ri tv tritra fnii-nfftect to the alterations, so far as relates to said officers shall have been hAr the sections in those articles vr,-, on-u-sectioti has been stricken (L J vm. . m -ar.i-hir.ni-. tun . insertion cu auumci u w .. . -Ira stead; and give to any new section that number which by this method would have Wn -riven to the section for which it is substituted, and the alterations shall be em- bodied into tne consuiuuou, xiu. hered consecutively. Ratified the 19th day of January,. A. D., 1872. -.. STATE OF NORTH CAROLINA, Office of Skcbetary of State, , Raleigh, Jan. 22d, 1872. f TTen rv J. Mehninser. Secretary of State, iierehv rertifv-that the forecroinsr is a true copy of the original act on file in this office. I 11. O. XAJiX4XllXilVXV, jaii. 25. wGni. " Secretary of State. New Advertisements. $3 9,000 REWARD ! EXECUTIVE DEPARTMENT, Raleigh, North Carolina, - . . February lGth, 1872. Whereass. the General Assembly of North Carolina did on the 8th day of February, A !.,! 10 z, pass mo loiiowing act, iu n . AN ' A CT concerning the Robeson County j ' Outlaws. Sec. 1. The General Assembly of North Hnrnlina do enact: That irr addition to the reward already offered for the arrest of cer tain outlaws and murderers in the County of Roheson. His Excellency. Gov. Tod K Caldwell, is. hereby authorized and em nnwererl bv bublic moclamation to offer as an additional reward to those author ized bv act of the General Assembly ratified the' 13th day cf February, A. -D.;r;1871, "ten thousand dollars Jbr .thq anest and delivery, dead or alive, for the; body of Henry Berry Lowery to the proper authorities of the State, and a reward of five thousand dollars each for the arrest and delivery, dead or alive, of the bodies ef Boss Strong, Stephen lowery, j. nomas Lowery, George Applewhite and Andrew Strang to prope. authorities of the State. Sec. 2. This act shall be in force from and after its ratification. Ratified the 8th day of February, A. D., 1872 ' " . Now, therefore I, Tod R. Caldwell, Gov ernor of the State of North Carolina, by vir tuelof the authority in me vested by said act above recited, do issue this my procla im mation offering the iollowing . rewards in addition to"Tthose heretofore onereci,. to De paid-in currency to tho party or parties who shall apprehend and deliver, dead or alive, any; of the outlaws hereinafter named, fo the Sheriff of Robeson county, viz: For Henry Berry Lowery, Ten Thousand dollars.-. -.- v. t ; .. : For Boss Strong, Stephen Lowery, Thom as Lowery, George Applewhito and:Andrew" Strang, Five Thousand Dollars eaeh. D(?ne at the city of lialeigh, on the 16th day of February, A. D., 1872, and in the 96th vear of American Independence. ' T . TOD R. CALDWELL, By the Governor: Governor. J. B. Neathery, Private Secretary. , 108:tVvlm. 4 Robcsonian and Wilmington Post copy one month and - forward bills, to-Executive of fice.!; . , V- : ; 1 . ! ' ' ! QTATE OP - NORTH CAROLINA, jj j- . Granville County. OUl'lilllUK vue. Jii. --. Norman Tonr?. Administrator of RafuS' T. Ilellin Deceased, - - ss .- 1 . i '- ; against Daniel W. Rncherand Emma, his w ife, Lewis Hellin and others Petition to make real estate assets tc. This cause coming on to bo heard, and it appearing to the satisfaction of tho Court that'RufusHeflin, Francis lleflin, Thomas Heffin, Ella Hellin, Pattio r- and her hus band, whose name is unknown to the Plaintiff, and non residents of this State, anil supposed to be a? resident of the State of Texas. On motion of Willis II. Jenkins, Attorney for the Plaintiff, it is therefore pr dered, that publication be made for six weeks in The Carolina Era, a paper published in the city of Raleigh, N. C; no tifvihg the said defendant s of the filing of the complaint in this proceeding, that tho sam? Is for sale of real estate to pay debts, ad that they make appearance at. the office of the Clork of the Superior Court,, for Gran ville; county in Oxford, on or before' the 30th day of March next, and answer, plead or de mnrlasthey-m3y see fit, and that upon failure jto appear, the prayer of the Petitioner will bo' granted and an order of sale- made according to law. - - " . ' : . : C. BETTS, Clerk, . ; r ; r" Sup'r Court of Gianviilo Co. Fclx l2, 172. . : . ww, STATE OF NORTH CAROLINA, 1 . I,..,-. Pitt County. j FL " In Superior Court. r Jams A. Thigpen,! adm'r. of McPortu?, against John Portns, Phoebe Portus, Whi. H. Tytus and J. H. B. TytUs, heirs-at-law, defendants. Petition t sell Lmd for ;the pavment of Debt?-. It appearing to the Courttl.at Thoebe Portu, Wm. If. Tvtus and J. II. B. Tytus, three Qt'Jhe defendants in this case, are non residents of thi State : it is the; efie oi der ed that publieatii n be-made for six succes sive weeks in The-0-irolina ism, a news- htwcnir . ntih Ms nil lll lllC VHV HUWKU. , .... i.i . .i- I n; notifyiiig the- said defendants of the filing c f ; thi: i&ilvm and f PV uii,! thn Cierk ot tuo bupenor vxurt or said , County, at his olheo in Grecnyille,in 1 i 1 atd Meail,ahwer or demur to the. said petition, the same will be heard ex parte .as to tliem, and judgment granted according to the petition. - - Given under, my hand and seal of said Court, at office in Greenville, this January 2d, 1872. v W. L. CHERRY, C. S. C. . - A. 11. MASFIEXiD, U.. oa wow. .7 :-? "V.V" THE AMERICAN The Americao Washer Saves Mpney, Tkae, and '. , Drudgerr. ' :; . . . j- ! The Fatigue of Washhi Day no Longer Dreaded, but Economy. Efficiency, nd Clean Clothing; Sure. ' l Tn rallltur nnhlta nitration- to this little machine, a few of the invaluable qualities, (not possessed by any other washing ma- . 1 . . 1 1 . . 1 . . A It -is ihe smallest, most - compact, most portable, most tioiple in consirrction, most . easily opsjeatecT, t -A child fen years old, with a fanrlinnra nitipl ?ro man- tr n-hf-r mm. prehend and eflectuallytisie ii. TUfreisno adjustloT, no-screws to annov, uo delay in ' " adapting 1, It is always ready for uef It s a periect jisue wonoer 1. .nv TaiuiaiurL. MUL, uielU 1UU1Q If A XX I1V 3ualiiy, than the most elaborate and costly, ne half of the labor i iljy iaved by ita . . 1 il, lnt.n t.irlnnnn. than by the okTplan o tho rub board. It will wash, the largest blanket; . Three shirts at a time; wasfcins thoroughly 1 In a word, the ablution ox any iaorio o .1 a liant 10 a Lace CuiZara cr uamorio taavKerrsier, are equally within ro capaciiy o :hls LITTLE GEM1. It can be fastciit.d Id an tub and taken off at wW. ' i; j 7, . i , No matter how deep rooted a prejudice may exist against .Washing Machines, tho, moment this little machine is seen to per form its wonders, all doubts' fit cleansing efficacy and nUlity are banished,1 and tho doubter and detractor at once become the fast friends of the machine. 1 , ; i , ,We have tesumonlals without end, setting bfth it,s numerous, advantages over all oth- ora Min Tmm n it fiii mis w iiu iinvn Liireiwii asicTe th ionwieldy. useless machines, which ImV e signally lailed td accoTnpmti the otx iactpromisea in prominent and 10-ud sound advertisemetita , t-... t,, -.uj ! fl xi is as piuitvii wtvujiijj a uiui for wringing. The price another paramount . mducement to purchasers, has Tbeed placed so low that it it within the reach of every housekeeper, and there Is no arueia,or do mestic economy that wl'l repay the small investment so soon. ' " . V ' AU that is asked for this GREAT LABOR SAVER, is a fair trial." We guarantee each machine to oo its wor it pernjcuy. i SOLK AOErfTSOK TUB UmTJSLU DTATJta, A. -H. FRANCISCUS A CC. ., 513 Market St, Philad'a. Pa,. I The largest and cheapest WOODEN WARE HOUSE in the United States, n . Oct. 6, 1871. J V ' ' ' ! - 1& w6m. TO" O TIC E EXECUTIVE DKPARTMKNT . &T1TB Or NOSTH CXBOUMA, ' S RaleleliK Feb. 15th, 1S73. VVexkkas, It lots been reported fo me tbat the present board of Directors for -the State Prison are offerinr for sale brick sod other mate ilals belonrlng to the Bute, which vwere procured lor the purpose ot erectlnr said Prison ; and whereas, bj a recent decision of the Supreme Court ot North Carolina, It la minilest, that said Board of Directors were ap- K in ted contra rj to and in violation of the institution ot aaid State. I do, therefore, hereby forbid said Directors, or either ot them, to dispose of any property of tue JJUto, and 1 also warn any purchaser ot1 purchasers ajralost removing any ef said property or material from the place where It now -may. be. .ot to tak the same or any of it into bis , or their possession. Any one Interfering -with aaid property with out hrwf ill authority wilt be deemed tres pass ers andlueld responsible aa sues. Given nnder ror band on the day and year above written. J ; . TOD IL. CALDWELL, , Fbl5-4w. ; '.: . . , Qovcrner. j fJRUSTEES' SALE OP TT A T TT A T5T.1? T fWA TV. IN WESTERN NORTH CAROLINA. By virtue of a Deed of Trust to the under signed, duly executed by Geo. W. Swepson and wife Virginia B. Swepson, on the 6th day of July, 1870, we will proceed to sell at Asheville, .the county of Buncombe, on the 14th day of March, 1872, to the highest bid der, the following Real Estate, to wit:; , One undivided half Interest in the lot in Asheville, known as the Eagle Hotel prop erty, with the buildings and appurtenances, the said lot containg twelve acres. This House is very favorably situated and'eon talnsover fifty rooms, some- of, which are laree and commodious. ! Also, at the same time and'place the fol- Lwvino Tweets of T.anrl In thm .'cnnntv of ' Cherokee: . .r J .'. - j- 1 1. The well known farm formerly owri d by Gid Morrt-, and on bcth sides of Valley River, consistmg of several contiguous tracts, containing 1,600 acres , more or less, 600 acres of ''which 'will bo found first class bottom landVthose contracts were conveyed to Geo. W. Swepson by Gld Mprrls and D. W. Morris. X II. The Charles Moore farmj also on Val ley River, and near the above Morris farm, containing about 600 acres, chiefly bottom land. . I l -III. The David Hennesea placed on the same River, consisting of three contiguous tracts, containing in all about 682 acres; very fine farming land, mostly bottom. OIVJ Two other tracts on the same River, containing 36J acres, formerly owned by K. V. Sharpe, and known as the Piercy lands. V. An individual half Interest tn sixteen adioinim? tracts on the" same River, held jointly with the heirs of John Suddith, on which are much valuable tanning and gold mining lands. . : .1. i " VI. One. hundred acres on both -tides of Chooah Mountain ; and an undivided third interest in a hundred acre tract adjoining the above ; and an undivided third in a 610 acre tract, on the waters of B organ's Creek, on the North side of Cheoah Mountain. . , VII. An undivided half interest in about 20.000 acres of Mountain lands, held Jointly with Mercer Pain. . i V1TT ' V.n MM m M.i. M .. T ill. auvui imvw j ,UK utaiij adjoining grants, situated in the JMountaln ous Districts of Macon county. I IX. 90,000 acres of land in one body; lying partly tn Macon, but principally In Chero kee, and known as the Olmsted lands. X. About 50,000 acres in Clay and Chero kee counties, conveyed by Joseph Keener to the undersigned as trustees of tlie afore said Geo. W. Swepson. if XL The Jarrett place, well Improved, on Nantihala River in Macon county, contain ing altout 400 acres. ; i " XII. The Dr. Woodfin place, near Frank lin, in Macon county, wall -improved, and containing about 300 acres. XIII. 1,943 acres, lying along and near the Tennessee line: and a tract of 274 acres -en the waters of Nantihala, all In Macon" oountv. - . '. r XIV. The following tracts te' Jackson nmintv : ' . - . ! 1st.'. 3,000 acres on The waterV of FTuckase glo River, being grant NafOGO.-,. j 2nd. 2,567 acres on tho w aters of Deej Creek, being grant No. 67' ' i 3rd. 1,026 acres on the waters of ,8000, be ing grant No. 968. , j un, lyix Merest uu . iuiuguu 1111111 vrtCK and Ooonalufty River, being grant No. JD09. 5th. 10,580 acres oa the waters of Soco, be hig grant No. 870. , , ! 1 All the above mentioned lands, being sit uated in a fine grazing region, well watered and in a most healthful locality, offer rare inducements to persons wishing to enter in to the grazing, stock-raising or darying business. . ... -. ,-j 1 In addition to the abovelands, we will offer on the 20th of March, 1872, at Catawba Station, in the county of Catawba, N. C, an undivided half interest in the several tracts of land in said county, known as the Marble and Lime Quary lands, owned jointly by Dr. Powell nnd Geo. W. SwrisQnjJmd.i.n- f.lnrlVncr lh T.lmo Kilns . an.f cent farms, all which will be sold In pare The terms of the whole of abvve sales w be one-third Cash on day of aland the remainder at six months, with note bearing interest irom day or sale, with title retain vxj m ate vtitj puresnuMt! uioney is e)ei. .i .in -ii 4 1. .. . 1 . 1 The sales will be continued from day to day if necessary till the whole of the lands shall be disposed of. , j . . . f l For further p.irtieular acldrt ss C. M. Mc Loud, Attorney at LawshOvilleN. C, or the undersigned Trustees at the same Post umce. -- . . - ; - . N. W. WOODPIN, . R, W.PULLIAM. Trustees dtc Feb. 5, 1872. 102tmt.H' WASHIifll watch. . . . ;