Newspapers / The Weekly Raleigh Register … / March 5, 1838, edition 1 / Page 1
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, -B D ITO KS AND PROPRIETORS. 1 TERMS. three dollars per januvrpi--onfl opinion Of the Supreme Court of North Carolina, An the case of the Raleigh & Gaston Railroad Company v. D avis," delivered by. his Honor, ChiefJu$tice RurFix. The. Plaintiffs were incorporated try ,an act of the Generat Assembly passed in De cember, (2 Rev. Cod28Q) Tor the purpose of effecting a communication by a Kail Road from some point, -inor near-the the or Af- the Lifers the Editor must be' posted, UVX. wN, dmg: impleaded, and purchasing -. - ' ' i . .-., - - v ' -. r . - - - . . . - " T n ml 1 StfU.-KHirno.f, fclffittKJvoiice. -tr - THIS. BRED ftACE IORSE jy persons residing without die Slate! will ! ' -taK11 erv throuj;hrurt1 the year 1 at , lug Squired to nay the wholk. amount of IhWear'a T owner's Stalde i Johnson County five subscription in advance. - - j m -we of Smitt.field25.mileS South-East b J''J!' C n P ? )l I'POr vk ' -r ,llJe'Pi'''l 40 miles Norlh-KaofFay.jerre- lrA.rs- "r'W.'t.WV ,ydle, at the roodemeprice of THIRTY xioltars For everv 16 lines (thi ttz& iini first" insertion ilhe .Season, wiih Vrftr tlenu t m ihe Granm ! anollari eacfculseou will biri: nn H.e 1st of Mly oritalcigh', -Hi the termination of Ooort CW' JUialAdt&t wli?. Mrch. Hd end the! 1st ofUnjmst. ' f -J Grcehsville ; and; Roanoke Rail Road at u charred' 25 net eentf Richer : aiid deduction i: -FJESTJ Masitoih.e. iwckTucc f thre? neai; IJasfoi on the Roanoke River." of 33J per "cent. Cftt le Wdeflrom thi -wiUely spread throli lhcher providing (or -lie orgaiiizaiion of TIERSONS indebted W the late Firm of W. A. I WILLfAM S & Col are reonlrwt to nialta im incdiatB Daimchfrffl fhflfr hilla wift nnVin jttmm', .4 r ..MiJi-Mn , T-;K :J n- kr,. : viU continue the bherwood llaymtod's Lot. -. . : 4 ROUT W; ,' t: .f , .V.- ;. - - ::.V. HAYWOOD, - . .; "JPiiostee. & Morse JSto leu t a valuable llUUSli atoleiji thter- , e DX mponeu reainugmYun l4ip by im- recovery of which, such4nform'a- 'ported .1 up, Jie bv Ja oun, and he hy Englisli to it, I wirtgive; a reasonable re- "pse-rYoiinjf Tup'a dam byMarske, he by aatd Horse l is a light tror Grey, five mpirtc brtarlc put ot imported . Virago Urn- M Y Stable was ; broken open on Friday night J.TJL last, ana from ; for the I'lQn' as will, lead ward. The feet two of three inches high,-ia rough-shod all round, and; blind of bia fight eye. t v-k,- f I J , IVILLIAM -HOLMES. Raleigh,! Feb. 19, 1839. o . 'V J OID, S1K AUCI1Y. t equd) they, are' rt celled by the get of any H(rae in-America. "" ; .;-:-;t7. " Sucjj eyHliicvatfnA'idirLnrf'taMuM blood, turf , ' performances, faun onV,for jniIe heats, f re mmlerHte terms.iV isiopedr liberal patronage he. has alren-i fly feceired. l'xienstve and :suMlle nrerjara- tions'ar mide to boir4 mares ai 25 cents, per day, with nadiabH ty for escapes or accideuta. .. KIUGUEE IN BHIBF. F ESTlVdL whs sired hy Aniffican Rclipse h"is tlam by 'imoleon, tiran4 dam by Yuur.g TupG G, clam by Umpire; vG-.ti. G. dam by yrey uiomea, u, i. iii. wm oy avuu Air. BY APPLICATION to the Postmaster at Hills borough,' a very fine bay FILLY, by sjojre's MARION, her dam by OLD SIR ARCHX may he bad on reasonable terms. ,. Her dam was bred by: Mr. Amis, of Northampton, several of whose full sisters commanded high prices'; xaespld for $1600. This Filly is of a good size, 'la vefy handsome, and will be four years bid in June' next, t ' For her 'Pedigree, reference is made to J. D. Axis, Esq4r 'Major A.i J. Dxvl., i . v tillsboroV Feb. 18,1838. . 16 t 1st An. ItESIl GAUI)R. SEEDS. Look out iov a Scouadvel FKEL1NG it a dm lie, to epbse ras y wtuch 1 owe to he Fob a&calfry and put them on their WI IXIAMS & II A YU OOD havelatc ly received a supply of ;TH ORB URN'S su perior Garden Seeds ajl the growth of 1837. Raleigh, Feb. 1838. , 17-4i S notice. ' r ; ON Mmday,;ther2d.day of April-ensuing, I shall selfto the highest iitder for ready mnney, at the Court boose Tn Raleigh, m likely NEGHO HpY about 19 yars ofage befenginR t the Entiito of KatfvsD Coopka; sold undcl the direction of the Will. . .. j - ALSO, on the s-me day and at tbesaror placr, Isball sell on the sanle terms, te2ro t uwn and Childi about 22 years of age. 'I -4 ALLEN ROGERS, fExV. . Wake cn., F b.20, 1838. 17- ts. 1 Administrator's IXoticjc. -.... ' ; k A ft? ... istrator on the Estate of rYancis Sluriderant, dee'd. of said county, hereby- gives notice to ail persons indebted to Said Estate to make im mediate payment, and to'tfrose having maod1, to present them within the period prescribed hy Uw, otherwise, this notice will be plead in bar of tbeir recovery. r - !- v H ENllV STUUD EVANT, Admr. Feb. 19,1838. J V Irel and, hohhiiflk estates real and uersonaL Lfar ah may be neevhsarv lor therjumoss nf the act, it proceeds in the seventh section V to Invest tjte, President and Directors with alf the "right, and povvers liecessarj for thi construction,, repair, and maintain ing a Rail Road.ty be locatcd.as aforesaid, and.tu toake and construct all such works as nVaj beiiifcessary and expedien t ttX tht piope r Co tit p i0u of .the Road. ' By th e 12th sectioni, thelCompaiiy have immedi ately full puvver. to enteiupon all lands through whjch they, may wtsh to const ruel the Road, to hty out the saiuenot invadiii" d welling 1iokses,&,c. autl with other restrict lionsi' particjalarly mentioned. And by the 17th & 21st section;., entry may be made upon the lands thus laid ott for the purpose of constructing: the Road, and unon adia- icent lands for the purpose of jjettinir the necessary materials, with a provision in the 22dsection for redress by action and dou ble damages, for any wanton or wilful in jury to the land,' crops, or other property, by-wi entry for either of those purposes. -To pi-ovule for the condemnation of the land thus laid off for the Road, or entered upon, after having been thus laid off, and also to provide for a compensation to the owner of the land, is the subject of nihe sections oftlieact beginning with the 12tU and entlingj with tbe 20lh section. The material provisions of those parts of the act are, that if he Company and the owner of the land cannot agree as to the terms of purchase, the former is authorized, after notice to tht owner, to apply to the Court f Pleas aiid Quarter Sessions, and the Court is thereupon required to " appoint five disinterested and impartial freeholders, to assess the damages to the owner from the condemnation of the land for the pur pose aforesaid, any three of whom alter being swol ri and viewing the nreHiises and guard against imposition, 1 proceed tojrWjjjeai n-n-tv m-iv wre by imported Shark, out ;of a Cub Mre; Thunhu blood might be extended almost in definite!, as every body knows that ancestors uouote at every .remove. Thoie conversant in the annals of blood, will re:ldv perceive, that.better inateriHls cannot at this'day, be furnished fr a choice stock, th .n courses in the veins of this beautiTul Animal. In a condensed view, he stands thus related to the hest blood that ever graced the English Tuvf viz 5th in rmmedUte,I descent, in .two col a'eral line, t'com Ihe gret English Eclipse, viz: through the dant jof Tirao'eon by Saltmm he by Eclipse through the gran' I dn of Ameri- can Eel pse by Pol St os. he hyEnglish Kclipse.J And only one remove further,, from the same ancestor in another line, viz: ; through Javelin, Tup and You n Tup. Then fall i the two powerful currents from the loins of old import ed Shark, half brother to Hnglish Eclipse, thro' Umpire!, and the darts '.-of Young Top. But the stream is still more impulsed by the rich and choice Medley Strains, coorstng from the pure fountain of Grey Diomed, hy imported Medley, and Amanda the dam of Duroc Who could desire better materials ? Uona Vista, Johnston Co., N. C. ? , F.bniary 13, 1838. J 16 4w- feM'A S"."" ."' f?8. P?W "s hav'the riEht suorr ixeicn tr a certain who left Nash county, N. C. a shcvrTtime since, between tp&tlays, after having forged a Note to the.TVrboro Branch ot the Bank; ot tue state, I for $1,400 or $1,600 U6iug the names of sev - 1 ral ot the most responsible men ot Ins county; FU RTHERNOTICE- AT the Store of Johiiston Bushee,' Esq , nn Die I7di ofAlarch next, I jivdl expose at puboc sale to the highest bidder, n the usual credit .1 SIX LIKELY NEGROES. the ''proheity ,of:the "said Francis Sturdevant, HENRY STURDEVANT, Admr. 1838. . -." ' It is. tti various ways, r e never losing an opportunity that presented usell tor.Uelrauaing mc com- inunity. ' ' v WHITFIELD is a fine figure of a man; about five feet ten' inches high; rather dark hair; plausible in his maner.s,and of insinuating nd- dress; quite a business man in every respeei,, . ' . . ' . ' . - i r . . I. .: r. .. .. i and prone to ingratiate iiimseu. iiuo xiiu iur i strangers. It ts supposeii tie win maite ins way to Texas; and knowing that the people of that country are liable to be imposed on by such scoundrels, and ha Iwng '..llie best wishes for the prosperity of that country,, I leel H to ue my duty.'to warn them agamst this tellow, woo wilt attempt to take tltem in as! certainly as he oes amougthem. - Ptl'Elt LILLY.. Raleigh, Feb. 24, 1838 J 17-3 rrj- The New-Orleans I'icayiine and Houston (Texas) .Telegraph willinsert tbe above three weeks each, and forward bills; to me. f. u. i. dee'd. Frb; 19, WortIiamptoM;FemaleA.!cadeiuy, FEMALE SEMINARY. -Krry tKe same" in a form given in the act ; and tn making the assessment, " tney snail consider thtj proprietor of the land as the owner of f he. .whole fee simple interest therein, and take into potisideratioH the uualitv'& quantity of the land condemned, the additional fencing that will be required tliereby, aiid all the inconveniences that will' result to the proprietor from the con tlemiratitiu'heicor.'' The Report of the freeliohlers. when thus made, is to be re turned by them 'forthwith to the Court and unless some good cause be shewn against the reptirt it shall be confirmed by ihe Court and entered of record : w-hereuporr, and hpou payment or tender of the damages," the land revie wed and 'assessed as afore said shall be vested irt the Raleigh &. Gaston Rail Road CoTiipan', and they shall be ad judged to hold the same in fee simple, in the same inanher as if the proprietor had sold and conveyed it to them. 'If the ....... .- .- Cwmpany shall take possession ot any land and-tail for forty days to institute piocee- -dings for its i condemnation as aforesaid, or . . .. .. . shall not prosecute them with diligence, the proprietor of the laiid-may apply to the Court to appoint the freeholders With the same duties and powers in all respects as belorc, and the Court shall in like manner affirm or disaffirm the t'erKH't :" and Awhen County to appoint five .frcetiolders-tu make the-assessmeot, according to the act. Mr. Da vis .appeared nd ; male known, to - die Court, that he and the Company had been unable to agree, touching the" price to be J patu.io mm lor the lanu sought to be con demned, or touching the compensation for the inconvenieircesJie must be subjected to by the proposed location of the Road And he refused his assent, to the .modef pri ceeding for settling the controversy touch ing the said price and compensation then and there prosecuted by the Coin pany , .but objected to the same FUt,as ayioiatrwM)f the right of private property secured by the 1 2th section of the Bill of 'High ts ; and, se condly, as depriving him of the right to a trial by Jury, which is made inviolable by theJ4th'seciion of the same instrument. Th Court, nevertheless, appointed the freeholders, and made the'order specifying their duties in the wortls of tlie Statute. At the next Terni, three of them returned their report itt the form prescribed in the 14th section,- together with the Certificate of the Justice of the Peace who administer ed the oath to them'. 'the Coinpany thereupon moved to con firm the Report and have it entered of re cord j; but the other party opposed the motion, and prayed the Coart to dismiss the proceedings. Upon consideration there of, the County Court refused the motion of the Cotnpanv, and . granted that of Mr. Davis, d'rom which an apjeal was prayed, which was also refusedT upon " the ground that ; no Appeal is, given in the Charter. " 'I'he case was then brought . into the Su perior Court by a certiorari, uml the or der of the County Court, dismissing the proceedings, was held to be erroneous and reversed with costs,anda writ ot procedendo ordered, commanding the .County Court to proceed further in the case according to the said act of the General Assembly and the law of the land. From that judgment, Mr. Davis appealed to this Courts As no objection was made in either of the Courts below, that the road Was laid out so as to cover more land or in a dif ferent form than the charter author izes j or that the freeholders acted irregu larly f or that the damages, assessed are iMt a fair and adequate compensation for the fee simple of the land taken and all incidental damages, it must be assumed, thai there is no ground for exception in either of those respects. The case is there lore to be decided; on the specific Con stitutional objections made on the part of benefit of a full argument jit the jast term. The. impressions received were then so de cided, as to have warranted -the delivery of our judgment immediati ty , if it had been necessary ;j but as the prosecution of the work conducted by this company coulrd not be i tnpedetl by the delay, and some of the points made are nvel and of much magni tude, in reference to a class of subjects on which there has been recently and proba bly will becopious legislation, it seetued discreet, before announcing a decision, to jrive to the argument, and to the whole subject, the deliberation tor which the va cation anorded the opportunity to make them without, or against, the rnn. sentof individuals. ' 4 - This, toot, is not only a right of the na tion, constituted by the aggregate body of the people, but it is a right and power of Gtivernmenf. It was said at the Bar, that it was a sovereign right and therefore re mains with the people of this State, since it isbt granted in the Constitution1. The positioni if true would destroy the value of tlie power here and dissolve the Govern ment. But it seems te the Court. Whfdltr untenable.. It is true the eminent domain is a political and sovereign power so is eveiy odier power vestetl in, or exercised by any Government. . Before a people in situte.a Government, they are tltemselves necessarily the, possessors -of all political power which men, by the natural and di vine law, can rightfully exercise oyer each -other. " But by the constitution o gov-, ernnient, the political powers requisite to the; existence of Governmentand to tlie dis charge of those functions for whicli the'i community created it, are transferred by the people to the Government. From the peopfe, the Government-derives the power to act on and control the people themselves, unless in tliose points, in which the Govern -inent is restricted by liinitatidiis of power. With that exceptipij, the ' powers of the nation . become thosef the Government, save only,; that over .the Constitu tton, of Government itself, to abolish or alter it. The Government of the United States is an exception to the general principle,! from its peculiar construction. , To its forma tion the people of the several States were parties, and they, as the peopreof several ' States, have specially delegated to it par ticular powers tor the purpose of making themselves one people, under one Govern ment, for, particular purposes only. But these incidental powers, -derived' by a fair, proximate and natural4 implication from Uiose enumerated, or from the purposes of forming the Constitution as disclosed on its (ace, have been exercised and rnust be yielded." The Government of North Caro lina, however, is not one of specially deler gated powers: It is pnly one of limited and restricted power. The Constitution begins by simply" es tablishing a government for tjhis State " and vests the Legislative power in-a Se nate and Houser of Commona," There are no grants of power to the Legislature ex cept in a few instances, where the power would not seem naturally fo arrange itself under the general class of legislative no w- . T 1 ncers. It does not even comer me revenue; power, nor that of "granting the vacant lands? yet theXegislature has always exercised both powers, by levying taxes and by au thorising dispositions ot the public domain. Although " the right to the unappropriated soil is declared to be, in a free Government, one of the essential rights of the collective body of the people,'' which riieafis nothing more than that it shall not he seized n by any individual or particular class, but shall be kept or disposed of, for the common be nefit of the whole people tnis power, or right of eminent domain, is likewise pos sessed by the vovernment, and may be ex- is. poariaeifof toe Aslant, erefortfi to , Jrne rigbt to compensation as -rt ahMn v and.legal right wacoritebv uu.utc.uwtct .amp ; .itie v9tiniaot fle&do it, but in this dase,,wUl"assame it eiiit is contended n the" part oXeF) not on all the grounds .on whic&vhisou.; sel placed it, The ourtcannbt adopttome v of the. several distinlct aoureerf rom rwhicb! it t was derived, . ' . Js ,.?ff One of themwa the fiA artiendlntfof the Constitution of the: Uiiited States, pr. viding that " no persQn shall oddejrrited of his life, liberty or. property, without, dae process of. la w, nor jsKall private; property be taken for public use without just com pensation." That haa al way Detfner stood. to be a limitation of thtf power of tfiV Federal Government and not tit Qraibf the " States.; It .was so authoritatively held by the Supreme Court ofdie 'United-States, iri narrow vs. the Mayor' of Baltimore; (7 Peters' Rep. 243 which dispenses with further observations from this 'Court. ,; " The natural right and justice '&(jnmpenr -tT sation, and the nature of ourree: iastitti -4tt tions, were also relied on as sufficient In themselyeso ci eate the supposed testrictiori oh this power. But -the sense of right and wrong varies so much in different individu als, and the principles of whatsis called natural justice are po uncertain that they . cannot be referred to as any sure standard of -Constitutional power. It is to the Cdnsti-, tution itself we. must look, and thqn, not merely to its supposed general complexion. There must.be words kTit, which upon a fair interpretation, and in reTerence- to aha j subject inattef -an'dV to .direct cpnsequenlesV liivyiujiauuic 1111 uic cuacuacais oruio Legislatdre, before a Court cair prbnottnee such enactments null. The principle if how ever so salutary to the citizen, and cpncernsr so nearly the character of the State, that ifr may well be urged that it must be 'conso" crated by its iadoptioh-in some? part of the free Constitution of this State. , 'We should . be.relutant to.pronouncejuoUciaUydnr iiv ability to find it inthat instrument. Ifitbel" not incorporated therein, the omission n$ttst -be attributed to the belief of the founders of the Government, that the Igisjature wuld. never perpetrate so flagrant an'act of gross : oppression, or that it would not be tblerafed" -hy the people, but be redressed by the next Representatives chosen. , There is no doubt, , that, while me Legislature ajldopfti of . this Statft PYnrPssly rPfitrift the' aCtlbtlrOf tljeir own local government w!ifi nf iiu.Vii i ne rignt m uie puu.rc 10 private p. Pe - ed 6y the Leslature or under its au. Vff . 7 t I IV' W Av.iii lliuw mv wv -w - - lul and advantageous to the public, must J AC K S O N N.,C. i HTJJ HE cxeriises of tlie above tnst Uutiort were ILL) resumed on monday. the 15th iiisl.rindt r the immediate, 'management and, "direction of Miss llinniKT A. UKXtijjrwho vas recotrtmen-. ded to the TiHisteeftby. Mrs. Emma WjllaVd, of the distinguished Female Seminary at Troy, N. Y. Miss Uellay Tiaa Ieen connected with the Northampton Academy for he-last. I2'rmbnths and her extensive and tliorough. knowledge of tbe various sciences belonging 10 a perfect ;fe- male education,, her. admirable metnou w im nartine instructionrler untiling' indusSry iftAhe performance of the duties appertalrting ;to jiet station, and her mild and - ableAaejirieftnor, Jtave already secured ror beinhe. ualyfrsa -riff probation of notivnlv the patron of tiie mstUU. lion, but of the Trustees and of all whjo are aci quamteel with her both as ajjady and teacher.- The Musical Department is entrusted to a la dy admirably, quahfied to giye instruction in that branch.";. :U '- f ' :-: Students will be chartred only from Ithe time of entrance to'the termination of the session. ;j noardtnay be had in respectable fannliesin the village, at $7 t8 pernontli. - , u The terms of instruction tor the session of five' nionths,re aa fbllows'r; ; ! - For the DrdinarV branches of Eni?lish r learhing, if- . : '. ;. ..-l WIV. SubscritKr takes this melhol of giving notice to Parents ind fiturdmns, that he has again taken this Institution under Iwa im mediate instruction und coiitro'. Instead of ihe mere n-eiVeral Surierintendtf ncs wliicli lie has exercised for some yenrspast,' he will henccroith anysUch report, ascertaining the damages, luKe part m me xnsirvciwnvi ic uglier vi"i snail ue cunuuneu, ine.vourt suau renuei k j- . .... , , . ... . .'. . iT fc I . tl I. I. -.1 .1 we iiunK, oe universaiiy acKiioyieugcM. -Writers upon the laws of nature and ua tions treat it as a right inherent in society. There may t indeed, be abuses ol the ptiwef, either in taking property, without a just equtvttletrt, or in taking it for a purpose really not needlul or uenenciai to me com- thority. Unless vested there, it cannot be cailea into acuon, ami wiuioui it uenuer the) Government ribr the State could hold ner restrained or would never act In ajoian; ner to make tucn a restraint netessaf " There is, however; no clause in that initru-; -ment which seems to bear on the point, un- less it be that which is relierx on inVthe ?ar gument for the Appellant. Jt is the 12th -section of the Bill of Rights which declares, " ' that no freeman shall be disseised of hjs freehold, or deprived pf his life, liberty or . property, but by the law of the l'andV Un- I der the guaranty of this article, it -ha beenf held, and in our opinion properly held, that private property is protected from the arbl . trary power of transferring it from one per ) son to another. We doubt not tliatit is also?. ed bn necessity. But it is a necessity that varies in urgency with a population and pro duction increasing ami diminishing, and de truth a manding channels of commuriication7 more i iao nil moFrviic tjttii imnriivH i tjtiii i m-1 rn public one, w heiiib sofa nature calculate i "4 1CMLuuu,"vr , "v- -"i ;'v . i :lirire to be exercised accordinsr-toCircumstan- . . ... .1 IdC'TfAm limp 1A IlTIlf. 1 111 t iKU 1NIHL1I1 rz til in he common convenience, amr yi Ta-r-- . have the enjoy- protected from the power of despotic re sumption upon a legislative deelaratiopi ofL uy uie .cg aiiC--,v - r,ecnniarv contribution bV way QftaxTSVICnt x j b m tx. foundMion in any ; of the Jpea muhity ; but when the use is in as wtU as give to eyery oepanincm oi mc School a eonstant, peTSAnal Supervision. ? The same Teachers who liave, in time past, given auch-genetal satisfactiorr to the Fublie; will continue thett taittiiui JaDors. The first principle of tbe School shall be, as it alwavs has been, to gve to Ihe rupiJs an an tlerttandintr knowledge ot wnat ttiey are. taugui -to-proportion their studies to their respective opacities to establish a oaoix oi ciose ana correct think in g''tu illustrate, as iar as may .be, eaCn lesson uy , example ana. .experiment, aiuu to give to the Vhole system pi instructiau. a practical,' rathe rf than- tht;oretical cast. No pama shall he spared to give to tlie institution ir character for concientiou,Unsparing devotion to the best interests of its Pupile.? -... . Lessons In Musfc and Fainting are, give n hy axomneteht and: ap pro ve"d instruct ress. Tlie It'BEifca jLsoiftX''ULbe' taught by a native ot France a gentleman eye ry way qualified ... 4The' Subscriberwill cheerfully" take;: charge of such judgm&nt n favor of the prtprietor for the damages so assessed and double costs, and wheir the damages and costs shall be satis fied. the title of the land lor which, such '-(. - m H i a assesseu shall oe vestea in the Coinpany in the same manner as it the proprictoi4 Iwid sold and conveyed' it to theui.Vv-! . " . j :' . ' . By other parts of the act, the Company is required, under pain of forfeiture, to be- 2in the work -within two, andnnisii it witn- ten years, and is ..vested 'with , tlie ex clusive right of transportation on the Road, and required to transport all persons and proper! v lor certatn tolls necessary the public is." in fact, to meiit of the property or -f an easement on it, it cannot be denied, that the power to have thinsrs before appropriated fo iudividus al?again dedicated to tlie service of the State, is a power useful and necessary to North Carolina, when itas a : Province and since it became a State, have always exercised it, "eitheT directly or through the intervention of the; Courts that - administer the dome stic police of the several counties. It is a oower whicft me government is ng. the lilgrier . .t do ' . do French and Mathematics, . Music.' 'L ;'- - 10 'vt5. 15 It i a rn.rsdmeanor. nunishable fav.fine a n d im prison m enj t , to destroy or inju re the Road or rilace any obstruction on it. ' U .V rn Off- nil Inltmuc Snil votilflotf IMpils as may be cdmmitted tos er.,--.J M ,.tc v- ... nnmuir sonal care; and will place themn sucb tamd.es , - vLVt 1" L , as will ieHre tteiitidniq ; their- comfoit and tuuiiruuitu, pjuypwiy .;" iripral culture. A few boafderl wtll be receive Jj the authorjtpt the act, ana an pronts bu early abplicatrdrr; into; hiswV iamily. Twhrclvslmll accrue fri the same, shall. be - " .... - v.T''mv-w w ! - I . - V - i i - .: . rn l.l 1.1;.:.. ..f .1. 'U TfiRAfS J '-.J Ull ' JUi, - - t vested m me respective aiocfciiotuers oi uie t iirv nfttncheaFirst Clas8.7'0G per sest Cbmnany forever, "in proportion to their . r a a- a . m nri . -1- -xaebiio uo : xo uu Inst'n on e;UhVr Filrfo cr uha25t): urawing aiia ruiHiingr; . ' . v w , OrnaineriUleeaieryYiirk (MusUoV -3 00f French Largu'age,'C rr .. . 15 00-. , L MATT. OAtVERT, Sec'y. B. T. Jacktion. Jan. 2Q. IRtTL ' v: T.Lm lPe'!HWvmndvvyWirnd Raleigh rsteeTster t. CoPy the aboye four week?, and forward aocauats to -; -M.C. respective shares' j , and the same shall be deemed personal estate, and be exempt any; nublic charge or tax lor nueen evevv bodv poiitro. : Theoretical writers bound to the people to exercise, limited oih j i r .i:-i ihn Vk.-n.-inh i iit mil iv nv a sounu uiscrcuuu xa w iuo iduiuuw uti ' . B .- - ..n 1 , ' . . , . . . Ti...A. t v. i n itH highest sense, existing in and nature ot tne ttoaas, ana resxriciea as w Lf.f:.. T, " " " " ... - 1 i - t . . . , -. . .... ihiivrrtTOiTinnitv r sovereurntv oi me owie uic umuc ut caciusjus Kof.., nv .liviRioii nmony individuals, and in the Constitution,' if any such-there be.- sj-"i - m : ' t . - . - . Mhev deem the -'riaht of resumption for com- It. is - contended that there are Such provisi- ' . . .l I .1:1.1 I - ' .1 .L.. ll.. kMu-a lino rt ,olotlrtrt mon use to be tacitly resevveti uy i.nipueu ons, hiiu uiai. mc a-v wciuituo u iuiai-wu aercement. .Thus d.eiivetl,he.pwier 'a&iortncm in several jespecte.;. ".' the sanction ol compact, wnicn prooar , tr,- said First, that the riffht of proper ty furnishes the motiv e for tracing i t to.this t y mvolveg' right to precedent compen sourceas constituting a sauctmn Umnded atioa for it when taken. for public uses. in morals ana nature, jjui, iracin.uny, Tt thfinRe deduced as a corrollarw that it isnniwatenai wuu uie- t-.rgui. po. itio nneefinna whflthp.r the nrooertv shall be posed to have been impliedly- reserved- and whatcpehsation shall be paid causeitoughtnotto be granted, or because f do aUestion at law res it is a portion of the national . st)yereignty rti;' rtwtvvand : must he tried bv a . ruciklU yiuuvi.i , - - -r j sons on which depends the p,ower in virtue? of the right of eminent domain, no take'pris vate. property for the public nse',Vand they -could not be sustained by tho;offiuv the fullest compensation. 1 hough not sp -oovj-ous, it may also be true that the clause un der consideration is restrictive of the rightof the public to the use of private property im pliedly, and forbids it, without compensa tion. But it is a point on whioh the Court is not disposed nor at liberty to give a po sitiye opinion pn this oooaion It ii not required as a preventive warhing tgainst iinfust legislation. For itia" mpt ioadmis- siWe to suppose that the legisiattve aowm be desiffned to work oppression and wrbfig. than. to violate ine vonsuiuuonuireeuy.'as is not deemed probable, and wim. k difficulty conceived to be possible; that the; Ledsla-; i, - . .v i 'i-r'ilj.- .r1 ture,win as any.ume taite yroperiy ui tne citizen tor pnoito naet wuuoui ar me same time providing gome reasonable rhe tnoa oi ascertaining ajusi cgmpensauon' an some certain means of paying it; . More'byer, it is not open to the Court to giy.e the defin itive opinion demanded, beeause it does not d jews: h liy me, last section, the corporate ; pow Ipir wanted bv the acfare td enure ibrnine- Board my be obtained jn retpectable famK ty years and no longerj unless renewed J lies at 9 or 10 tftdiar? per month, t i ne pre eni cotnpeientautnoriry Session commenced ojvthet - The Road: as laid down. nasses over the iitirwr-Wo v." itL-U il&Btt oi jwr, -Jja.vi5,.siiiaie:tn, vvarre rj star andStan,dard, each i weckV - which" is inalienable by the government, or whether the riglttis created by the . public necessity, which at the time calls; for its exercise-its existence, m every- State d i ticonteltble and indispehsabl e. A familiar instance of the exercise of the power Ts the levyine of revenuerbr takrn from the citixen from time to time, such nortions of his nrohertv as may ba requi site to conduct tne Gbvernroent.ihstitutedJ by tne nation, jvnqiner jnsiauce cseiu.im ly of the same diaracteH is that of devot ing . pri vate proper ty to public use as a highway A natioji could not exist : with out -these powers, andJ they involve- also the welfare of each : ci tizen indi vid ual ly. An associate a people cannot oonceivejj the 14th section of the pectmg property Jurv. according to Bill of Rights.; If the tro vernment can lawfully take pri vjitpr Bmrjertv for public usev'without com ' J 1 M. - peiisation, Uieni. confessedly, there is no controversy to be tried. - But the -Govern ment may prescribe such terms as. may be deemed befitting-its own character and the justice o,f the State Soi- tliough there be a constittttionsd obligation oft the part of the Government . to make compensation, yet it the compensation need tiot precede- the taK? inrof the property i the conderhEfation of the Defendant' 8 land- is. not illegal because-he" mav refer to the constitoSorral mode, of as- cettaining and enforcing payment jof its-va- in our judgment necessarUyv&riseilierei ant it is indecent to decide so rraye aJqaesfiaqQ extra-judicially.- Here the; Statut does; give compensation fairnd liberal, embJAo jjflX only the direct, bui iacdeiAtat,uVeox seniip.ntial damages. Fbl.theurridseVofr mis cause . mereiore-a .iv luav-uu ;uMa; iv a granted, that cbmpensapniir alj casejt? ; requisite, as nodcrbt it wjllinail eajvp made. But with; fhu aoissiotttne Vpurt is of opinionthai th prposi$ir bf jhe?Ap, taining it and Ue-9endbiayeiE'& sound. ? ' v :- &Tf$j. -' , thtnt avenuef luV mi, other damages; ' Ii behooyes.the . . .. "V . -fc-':. V" . . . j . - Unless the comDettsaUon. must X lire seizure otf the propertyi it Hrtrno that in; - many casea oap vj iue;pruipai- kwuouto for it is pair and - .- -"h . . - " . . ' . ;.- " i V Jt a. 4
The Weekly Raleigh Register (Raleigh, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
March 5, 1838, edition 1
1
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