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^ - 1 u (tffl ran atrai VOL. XXIIL GREENSBOROUGH, N. C, THURSDAY, JULY 18, 1801. NO. 1,156. •PS ! S. SHERWOOD >R. 1.00 A YKAii IT* ADVANCE. Rates «>i Advertising. SI t 5 3 aOMTBC. 6 MOXTI1S. lllAl • - s |0.(KI - ■ the Supreme Court <*i .\ortii Carolina* ■ - of the ■ - n actioi i • VVil-i tiiC : I " ■ ' ( .1. - f North i . ■ ■† ■ : n any duo ?( f L'X-J I by any coin i i Ji Of li ■•. the i tarn i ■ ?n of •■•-'. lien . j . ■ ■ - ibili- ■ †. i intc i ■†† : eptanco, or on of the constitutional power of ire to pass tho statute. 1: be discharge of this duty, we aro re-lieved by the fact, that u qneation oi Bach importance is not now presented for the : time, go as to {.nt upon us the responsi-bility of making a decision on th« strength leirour own convictions] tor we tind the lino ban been plainly marked, in fact "blazed out" by many previous idju-dieations, so that it can be easily followed, ill we bave to do, is to make our appli-cations of well established principles. I hi right and the dut}- < f tins court to judgment on the constitutional power Islature in making statutes, is en- ■I ed by ao many elaborated i of this court, anotoftbe tho Supreme Court a United States, and of our sis'er - to make a furth< f n or citation of authorities, a useless aftempt i t a display of learning; bo we assume to bo settled. i »ur opinion is, that the statnle under i sid< ration, so far as it '.pposes the right of plaintiff to a judgment in tl c t be-low, or the motions lor a judgment in this ' and foi execution, is void and of no -•• it is in violation of the C Btitntion of the United State, and of the 1 ' • of the Confede ite Sta -. which, in this respect, is the sarry?, and, al-so, the Constitution of this State. 1st. It is patent, by tho face "I" the stat-in-, that it does "impair tho ol ligatlon of This i ■ †rjettl -1 on* a vs. Cril I Car. J.aw Ri ">. In that amentia exl austed, and woon- I •• we concur in it." It is suggested that this case is distiri-le (.n the . . !. that when the li stion was ; . country was volution, or state oi "con volution.''in b the L volution 1. d by a subs equeni ion, by force oi n ! acts h in anticipation of, :.: ral ■ prop dtion, ho\w •entitled to in political form, can-aeon of its appre-a K gal tribunal, d to the investigation ol questions word?, th" Legislature cannot deprive a citizen of his vested rights of property. See Il-.ke vs. Henlerson, 4 Dev. 1 and the case there cited. So the question is, can the Legislat trexle prive a citizen of his debt, which is a vested right and a part of hiscs-tate or property, in tho broad sense in which the word is used in the section above cited, including all rights of person and rir/hts of property, either by confer- •ring the right on a th.id person, or by re leasing it to tl e debtor, or by taking from the creditor the right to have judgment and execution for bis debt according to thj course ol the < MILS. Manifestly, y acred ffor ifldopr.vcl of bis right to have judg-t and axei ' 0 I I r hii debt he is there-by deprived oi bis right tothe debt, which consists in bis right to enforce payment, and the ground of hope that this depriva-tion is not to bo absolute and perpetual, but only "ur.til otherwise provided by law" which is ield out by the wording of the statute, does not at ail vary tho ques-tioned power, because the power to deprive one of his debt for an indefinite time is the same as the power to deprive him of it ab-solutely, and § 3 far as the creditor is con-corned it makes no difference whether the debt be giv« D to a third person or bo releas-ed to the debtor, the violation of tho rights of the creditor is the same, and power thai can do the one can do tho other. 2d. The statue is unconstitutional, be-i cause it violati 9 the 4th section of the "de-claration cf rights." Tho legislative, exe-cutive— • / judici ol »vern- : ought to be forever separate aud dis-tinct from each other. Suppose the Legislature should pass a statute that th Governor, in the recess of the General Assembly, shall not embody the militia of he county of Rowan, or shall in", embody the militia "1 the State,or shall not do any act of his office, would"the lej lath ind xcutive j fthe gov-ernraents be kepi ; arateand distinct from each ot n r?" Oi ..'. ' ture should pai a Btatote, that the Supreme Courl lot give judgment and issue ex-lion in the ase of Barnes vs.Barnes,or shall not. give judgment and ssue execution . 'is duo on I onds, pTO-Le- lter Horn Mi- Vallimdlghaiu. D.uros, Uuio, Hay 13, 18-J1. 1\ Mrtsrs. Kchcrl H. Uendrick.;■„ X. 0. </v Joh Acl.'n.inri. William ./. I Iw Bfjf O'Adm 11, Jam .. <S. LMOI , It. JI l'c ■'. 1 ff.JIa •(! J/. Jv ■■. - ■ <■'■ ''.'•"/ -v.. UJlP- Ctuug/i, ./. C mi sory i s, & ■ when in the trial of the • ■ |y 01 relly, plotting \, destruc- , in 1 below, the ii mention ol • t'be aJv< • peacef|!peces n l 1 t i D I 01 ti. to di rat tn. rt ibli ht *fte S <inc ">n( o!le ■ O 'tin :.ld. ur r 9t un e^ Si. rao • or SB :cc< J1- ? ii ; had w." | But mpli n, we ■† r the legal .xini : ' v. hi !i is void ca ifii med" 20th of . when theordinaace of the Conven- . by which this State was withdrawn i the government of the I I States, > effect; the statue under i r-wi - in full force an I tar as - i . . liV luO Col -. J ere concerned, in the same manner l if the State of linabadm rer been a member of, the G( vern- > as t< bring up m, what ■■† In .... >■:• lina Litu- 'ttic provisional .; t\ ern mei t of tho lerate States, mad • oi ime day, , n the passage of tbe statute • r c >nsid( ration Tl is ' esul it cot avoided I". me .1 and issue i actii indi either on contract or I rl brought bcl Uo irl would, the l<.. slat iv< an I su-premej idicial pow< rs ol rer mei I be kept E ;par: le and distinct ? In other words, would not irtton and exer-cise ol I iii [ owi on tbc part of the Li gin latui. ' I the exe-cutivi • supreme judicial powers ot the ••■ n cut. ai : :c:-l th • :: v.rr.ment ...'i-i Q i I y ■■ . . Qter-ii all powers • the legislative depart-ment, and making lead of a free government where the pow ;s arc. di-vided, aud given to separate dej artments, a or war, as tl e surest means • n and reconstruction irenderin • .ossihu' I have too much respect for hisii jtellect n rone moment that tbtt is a man for v ,.r whe is not a disunrTst perse. da not mean, if T c:inf/Bever.'. it. that the encr iii •• < f tho i i aTrienpiot-i estn y it—shall drag tjfc cou: wi r und«r.tlic }>retoxt cl'Iroteetio,; iho laws, 1 lie if ob-s a"-i:c- ' ■■ r !(• property andonforcaj and collecting the revenue, whei is i isnni >e, and war the tt. '' J he disuniomsts, tuerelote, are divided iit i two classes—tho one open, tho other secret d sunif aistB. The one is in favor ol each acting in its a| propi ial e epl i re, as cheek on the ot ier .' : ..eh, it seems : ■ us, would be the result ot thec< ncessic i of i:.e powei assumed by : f ,,: n al j i . • which ha tnnary, A accruo uj • within hi D r the in-or i I y ' * mputing I such ■ ; h • en butsome few houi er, the ordinance ferrcd to. Th s ordii ance after assed by which tb< , i [ere « :i- a pt iod, . mrs, during all ol which time ite of Xn; th l ;. :n refi rern i : her I n either with tho L1. ti with the Coni States -...- ioven n, and tli tuti ii the adm and effect. Is it I i of a ct of tl oi ' '< :.- hieh ;:i • rords pro- S i --• ate Bra I pa ' iw im- ' was to • . Btat : ■ round in viol fthe i ition thei '.'! 'J lion that I fthe Con-stitutio i are "Xo stati 'pa using ilirf words in tbi a ■† law which had already I impaired t i ■ of con-be allowed in op- . rat . a a plaj nj rds, i i ct. .. b b the Constilul ,iii>t at present, « all mortgi i in - ' , ,, dter ■† . ■ ■† tho I l in ■■■''■ and ' . , .. . , , r. ipe • to this, wbethar t wi isscd be i .".-..an ' ' J • ■ ■†† ' 1 1 ii Til l , t si tratton, sup computed i ■■ .unes f I ■ ■ ■ ' tion : i - I LSI 11 be- ■ P- • unfetti red : tte had pi . ma-ral I ' I . Vfter the adoption of the L'on- ■ I ontinued to I e a le -.1 ten- IUredly not, for i i of of the law was i :] i pr i-v. - : . - It!. I peratii cause I passed I he a Genoi ■† : I to rigoi w as admitted ;:it" • i ey. !: ; . i' nstitution, or an amen I the any and all ■ ■ i. .- • d and >e ' .:• a- they are Op] h the new oral I n the san I statul re- ■† † pre con-wit h its prov - md a wil i *.«... ■ voki I >r the wlls—o . ence has so far as it conflict UM an- ■ate States, w • nion statute is in L'oi • fthe State i in I •. '-The declarat pri pie of f rei ■† ■ j afii in seel ion 1^, "no free man ought to be de i privi d oi his life,..berty rly. t... ■† iw of tbe land." II is settled that, by I ature baa i power to de- A of I in : seand to B, or ial depai aent. ' 1 I forjudgi at and executions be allow-is debt and give it :o F—in other led. PJEBCCRIAM. Judgment ulSiuied. tilt ;, ' that the rest;:; it ii the t'ouris. \e confined by i a ii ion t rtlu bis ar I inat- !■■;... ... hat it i a ' aba .utc, er ■ provided by -for it i ■ ■, • Bti n ol power. If the I. ... iaf tho power to impose this .•;ini on tbi Courts until otherwise pro- • o\ law, . lias the power to do BO lOutthe] r isii n to remove the restraint vhen we have etter times and it sliall be . i r for men i , pay their debts : and if it tho power to impose this restraint on the Couitsin respet t to matters mtract, it has I r ■ extend it ;o matters ol . and then a man n bo is sir? than I may taL'-au... i»»y negro oi my horse . . hi laws i: my countrj I give mo no i I n s be-se the temp o o: justice is closed. A pow rtosusp id or to abolish the admin-t exist in a tree rnmenl nthout law and tribunals to administci ii there can bo no govern- :by, which is worse than )tism . and yet the power involved in the passage ol he statute necessarily and by li II ads to that result. If there bo si tap wer in the Legisla-ture, we are, w th all our boasted free insti-tutioi . tcly behind the monarchy • i ct to tii : lion of our its of person and rights ol property.— Kstoae. the learned commentator on the constitution an i laws of England, in vol. 1-:. page '!■ ~-i says, "a third subordi right every Englishman is that to the Courts of justice for the red] .. o the law in Eogland is ii... Kujii- . irof every man's life, lib-erty and prope t}", courts met he up us to the subject and tbe law be duly isdministered therein. emphati ■ †. tfagna " i berefore every su ei injury e ti r. ...■:■:, >. in . bj am th r subject, b" be ecclesiasti-cal 01 boat any ex e] . . n ,.v by course i I it for thi • - sal ■. ; i .;. n itb ut any dt : . Without d£ laj ." I i ■ weai with. i nee i I i United States, or to that ol ih. I S ati a, m .- ..: ■ I protection to i i - i ainst all ( 111 :.:..: nu . .ture upon the right of pro] ertj -son ' i that ■ - , . rjni. '■ ■ - hibits laws ini. the o coat:;. . . ihat the rt lourid ei a pi ion ei ,:, direct an 1 ] sii ive t< rms, upon whi vvasmoi to put 1 fu damei tal prini-i-ation ol tl,.- jral ' ._....'. expressed in • - - I | i lor ;n truth no g i ei auieut i.. ■ be fn • •>-.. . he proti ftbo law ana the ind apreme in- Let the several mo-peaceful seeession and a recognition of in-n lence : the other is in favor of war: is the surest moans of making :he separa-tion final and eternal. I am a Union man and hence against wart but if! the Unioi must be temporarily broken ly a revolu-tion, and the establishment o\ a, de facto Government >y Bonne of the States, let no art he done that will prevent l*CBtoratioi and future pr «ervati*n. Peaci is tho on-ly policy thai can lead to that result. ••Bui we .•> o told, and we heir it repeat •verywbe -e, that we murt find uu. ithei wi have a Governmfnt. 'Have v B Government?' has beenbropounded by "very tyrant who has tried to keep Iii ■ feet on th • 1. icks of the peoj/O since thi Id began. \\ ben the barons demandei \l.i; na Chart a trom King J'hn at Kan-il lylnede, he ex lairaed 'have we a Govern-ment,' and ca led for his armyio put down the discontented I arois. Whfi Chains I id to collect tho shiji's money ii of th • Constituti TI pf England and i disregard to tho right! ot the peo pie, and was resisted by them, ho exclaim ed 'have we • Government f We can no in .: with rein's : put down the traitors we must show that we hare a Govern ment.' When James II. wai driven fron the throne of England for trampling on the liberties of the people, he balled lor hi-army, and ex • a med, 'let us Bhow tliHt w« have a Gove • ment.' ■ Whew George 111 I upon his army to puc down rebell-ion in America, Lord Nortblcrkdout lus-tily, "no com iiomise with traitors j let u-demi Dstrate hat we have a Government.' vVhcn in I -H. the people rose upon their ants all ever Europe, and demanded an tees for. their rights, "Very crown ■ ad ex laimod, 'have we a Government •! to the army to vindicate th. '.i ■•' *pply- authority and enforce the Jaw. "Sir t! ■††† story of the world does not fail to eonden.n tho folly, weakness i ccdni - <i that Government whicl , ,.. iu owi people, whei demand - atitees for their rights Thiscry ■ mast bave a government roly ; tho example of the ed . who never learned any thing by mief 11 me, never forgave an in . never forgot an affront. .Must wi demonstrate that we have got a Govern i, and i ledience without r< •. •' of the complaints? Sir lions of people proclaim ( ;,•■† unanimous voice, thai they appn I their rights, their firesides th ii : rc.ily altarsare in danger, it ! imes a wi Government to listen V pi .: '. to remove the appiehen-ry does not record an e < pie where ai >an government hai i eon strong e h to crush ten mill, oi peoj le into subjection when they believ-edtheii right's ana liberties were imperiled will ntfii verting the government it-d . Jsm, and destroying the la-t vestage c^f treedom." These v t! sentiments of the Demo- > j arty. i ' 'onstitutional Union rge majority of the Be-in pre B< and party only six v. They were mine; 1 voted them . e peat ; ly aloi g with every Democrat and Union nan in the House. T have seen ing to change, much to confirm, them • in tho secession, within last thirty days, of Virginia, Arkai N itb Carol: ia, and Tennessee, taking with them four millions and a half of i le, immense .vealtb, inexhaustible re- ir-ce «. £\e hundred thoubaud fighting men, and W. IP. Sevretl, M^dfyjUcn, Ohio. Hr.sTi.KXis : Voursof the 7th tnssant, c-questing tii'-opinion upon terrain poit.ts connected vith what yon justly stylo tbj present '•' inglorious and it iu/iy be bloody war," has Oi en received. That cjdniju was long since firmed, aud repeatedly set for .I through the press or by sjicecl £.iJ Veto in the House >f Kepresentativi>aku<«.wiiii«<r. and re-nffirncd in a card ovW.. i.tn oi last month, » few days after thwoninienio-ment of the war. But inasmtt lhasi neve • bad the occasion to discuse th 8 partitu' i question at lent;tb, I bog lefvo to a<i( the followirg admirable summary of the case in an extract from a carefully pre-pared and exceedingly able speech of tbe Hon. Stephen A. Douglas, in lie Senate A the United States, March 15tb.'l86l : "I prefer Btich an amicabl i settlement to peaceful disunion; and I prefer it i thousand times to civil war. If wo CM adopt such amendments as A- ill be satis-factory to \ irginia, North Carolina, Ten see, and the other border States, the plan of pacification which will satisfy them will eraate a Union part\ain the Cot-ton States whic h will embraco a large ma joritv of tlm veopie in Aose States, arc bring them iai k of their own 1 re will arc »rd ; and thus restore, strengthen anc perpetuate t le glorious old Un, "in forever. Whatever guarantees will sajisfy Mary-land and the border States (the States now in the Uniot ) will create aunlu party lr the seceded S'ates that will Bring then back by the voluntary action of their ow : people. YOJ can restore and preserve the . ment in '.i.u: mode. Yet; can do ,t in no other. <; War is disunion. \s*x is fl' al, stern:-! eparation. Hence, disguise it as yoa . every I'nion man in Ami-rica must advocate such amendments to /he Consti-tution as wi I preservo peace ; r,d restore the I'nion, w bile every disunioi j-t, wheih-and tho graves of Washington and Jack-son. I sha'l vote them again. Waiving the question of the doubtful le-gality of the first proclamation, of April 15th, calling out tho militia for "three months," under tho act of 1795, I will yet vote to pay them, becauso they bad no mo-live but supposod duty, and patriotism, to move them ; and, morever they will have rendered almost the ontire service requir-ed of them, before Congress shall meet.— But the audacious usurpation of President Lincoln, for which he deserves impeach-ment, in daring against the very lettor of tl>«* ''onBtiint.ion, and ."ithout tho shadow of law, V, "raise, and su,;r>or;, .->-mie- and to ' j. rovfoTe i»nd niaintaiu f navy." lor three or fivo years, by mere executive pro-clamaticn,* I will not sustain or ratify— .\r.\iK. Millions for defenso : not a man or a dollar for aggres3ivo and offensive war. The war has had mauy motives for its commencement: it can have but ono re-sult, whether it lust one year or fifteen years—final t.-ternal separation, Disunion. As for conquest and subjugation of the 3ontb, 1 will not impeach the intelligence of any man among you, by assuming that you Cream of it as at any tim» or in any way possible. Kemember the warning of Lord Chatham to the British parliament : "My Lords, you cannot conquer America." A public debt of hundreds of millions, weighing us and our prosperity down for generations, wo cannot escape. For.unate shell we be if we escape with our liberties. Indeed it is no longer so much a question ot war wiih tho South, ns whether we our-selves are to have constitutions and a re-publican form of government hereafter in the North and West. in brief: 1 am for the Constitution first and al ail hazards : for whatever can now be saved of the Union next: aud for peace always i tial to the preservation of cither. But whatever ono may think of the war, one thing at least every lover of liberty ought to demand inexorably . that it null qo carried on strictly subject to the titution. Tl peaco policy was tried: it arrested secession, and promised a restoration of the I nion The p. licy of war is now upon trial nty days it has driven lour mi|)ion an ! a half of people out of tho L'n- : n an I into tbe Confederacy of the South. in a little whilo,longer it will drive out al-so, .two or four more States and two mil-lions or three millions of people. War nay, indeed, he the policy of the East; Lut peace is a necessity to the West. Ge nerafs In the Confederate States Service. Tbe lotlowing is a list of the Generals ap-pointed in the Provisional and itegalar ar-mies of the Confederate States. (jeneroU in tht Regular Army. 1. Samuel Cooper, Va., Adjutant Gener-al U.S. A 2. Joseph E. Johnston, Ya., Q. M. Gen-eral U. S. A. 3. Robt. E. Lee, Va., Col. of Cavalry U. S. A. Major Qtntraii in the Provisional Army. 1. David E. T^iggs, Ga., Brigadier Gen. U.S. A. ■ † ~, 4 ' 2. LconiJas Polk, La., Ep:sccpal Bishop of La. Bngadier GetisraU in tht Provision.il Army 1. P.G. T. Beat regard, La., Capt. Engs. U. S. A. 2. Braxton Bragg, La., Captain Artillery U. S. A. 3. M. L. Bonham, 8. C, Congressman from S. C. The Right of Withdrawal . It was telegraphed to us, the other day, that Virginia has adopted the Constitution of the Confederate States, "reserving to herself tho right to secode on tho happen-ing of certain contingencies." Wo have since been curious to know what wero the contingencies speciUed in this proviso, and we have awaitod with interest tho arrival of the Richmond papers with information on this point. They bave now been re-ceived, and we find that no specific contin-gencies are named, but that Virginia re-serves tbe r'ght of withdrawal whe: her own judgment dctevminus that such a step is demanded by her interests or •Hc.e is the ordinanco as we find ilp>flr"'lue Richmond Whig of the 80th i An Ordinance adopting the Constitution of the Confederate States. Wo, the delegates of 1ho pooplo of Virg-inia, in Convention assembled do, in their name aud behalf, assent to, ratify, and or-dain the Constitution of the Confederate If rt 1. John B. Floyd, Va., 17. S. Secretary of j Sta'esof America, adopted by tbo Congress War. 5- Ben McCullough, Texas, Maj. Texas Rangers. 6. Wm. H. T. Walker, Ga., Lt. Col. Intf. U. S. A. 7. Henry A. Wise, Va., late Governor of Va. 8. H. R. Jackson, Ga., late II uister to Austria. 9. Barnard E. Bee, S.'c, Captain Inft U. S. A. 10. Nathan G. Evans, S. C. Major Inft., U. S. A. 11. John B. Alagrudor, Va., Major A. U S. A. 12. Wm. J. HarJce, Ga., Lt., Col. Cav. U. S. A. 13. Bcnj. Huger, S. C, Major Ordinance U. S. A. 14. Robert S. Garnett, Va., Major Inft. U. S. A. There have been other appointments made, but ihey are not yet knowa outside of the War Office. Generals Fauntleroy, Winder, Cocko, Ruggles and Holmes are in tho Provisional Army of Virginia.— General Theopholis II. Holmes, Gwynn and Gatlin are in the Provisional Army of -North Carolina. Generals Pillow and An-derson have appointments as Major Gener-als in Tennessee. Major General Jere Clemens commands in Alabama. Feeling 4be Pressure. The workingmon of tho upper wards of Philadelphia, reduced almost to starvation, 1 would have volunteered nothing, gen- met together on Wednesday afternoon in tlemon, at this time in regard to this civil | pursuance of tbo following call. ; but, :.s constituents, you had a right NOTICE.—A meeting of tho unemployed to know my opinions and positions ; ana j citizens of the 16th, 17th, 18th, 19th Wards briefly, but most frankly, ycu bave them. | will be held this afternoon, at 3 o'clock, at in slander and vituperation, was giver in b the curd ot the 17th of April, herewith en-closed. Very trulv, C. L. VALLA-\ DINGUAM. liiTdre-3 V6* TWO "r -:Sy*C employment on some sweeping tho street", trom perishing =a-£ '"VlS.I city works, even and savo hundreds of hunger, many of whom are m>w absolutely raftering for want of means to buy a loaf. MAM CITIZENS. Tho meeting was a large one, and tho- Gtatcmcnts mado of the prevalent destitu, tion were most uppaling. One speaker, a Mr W'aid, stated that Fome of them had been mado familiar with tho pangs of starvation ; for in that very district starvation abound An Ordinance, .,• . ivin Officers and Soldiers the right to vote. SECTION I. £•' if ordained bj/ thi^ Can- ■ \tion and it is hereby ordained by authority same. That nH officers^ind soldiers I hi the service of tbe State, or of the Con- j cj tnd had sent some of its victims from the f.-derati! States, who are of the ago eftwen- j midst. He said the workingmen called for ty-one yetrs, and who arc citizens of this ' IIO charity. They appealed not to tho cold State, or who, if within the State, shall bo j heart of man. They desired to toil and t from their respective counties at i sweat as they ha.^o hitherto done. Wo arc eli i tions hereafter to bo held, if tho exigen- j getting weak and faint. There are many cit-8 of the tiiiu-shall pel init, shall be en-j .imonif U8 wu0 have not tasted flesh for two months. Only givo us wcrk, that is what we want—work, of tho Confederate States of America on the 11th of March, 1801, and we de here-by make known to all whom it may con-cern, thdt the said Constitution is bindnnr upon the people cf this Commonwealth. But this Constitution is rati6ed and udop-ted by Virginia with tbe distinct under-standing, on her part, that she expressly, resorvco to herself the right, through a convention representing her people in their sovereign character, to repeal aud annul this ordinance, and to resumo all the powers hereby granted to the Confed-erate Government, whenever they shah, in her judgment, have been perverted to injury or oppression. This, we presume, will raise in the Con-gress tho issue lor which some of our ex-changes have been clamorus—a distinct recognition or repudiation o" the right of withdrawal at DMMnrei for \ e lake it for granted ihat Virginia can oi ly be a mem-ber oi' the Confederacy on t equal-ity with each and every oilier State—ihut she cannot make reservations of power not retained by all of them. It in a perplexing question—one of complex d fficuilics and perhaps of serious future im.iort—and v.o do not tare just now to expr -ss an opinion upo'n it. Indeed wo regard t as unfortun-ate that Virginia has raised this i.-suo at this time, and its prescnti tion suggests de"uLts whether a permancn , OOnsliletion sht/L'ld Lave been formed until thu Slates havo settled their relation: with otter powers. We doubt not, hov ever, that it can bo so disposed of as not o raise for the present any distracting is.-uo among n brotherhood ol rflaies whe.-e first and higb-cst object should be the expl ision cf a for-eign invader.— Columbus (/>',■.) Enquirer. ,,. u..., m a.V i \ < V ■"n-—^ tilled to vote for Shenils, Clerks of the County and Superior Courts, and members - . i ne General Acsemblyfor their respect-ive counties: aud shall be entitled to vole for Governor, E!i re for President aud Vice President of tbe Confedrrate States, , members of the Confederate Con-respective districts. .-i c. 2. Bi it I trther ordained. That three freeholders of the respective companies, work." resolutions were passed calling upon the city Government to criate work lor them, and A committee was appointed to call another meeting whenever deemed neces-sary It is stated that less than a hundred men at present have employment in districts named out of a population of many thou-onder ibe direction of the commanding , sar,ds. Al! the factories are closed and tho i dicers of tbe regiments to which they be- I ing, shall open polls on Thursday before lay appointed for holding elections in this State, and said elections shall be con-ducted in all respects according to the laws , i this State. The three freehc' .orsaforo-greatcst amount ol want exists. m 9 ^ Tlie \oi :iici 'i nebclllon. Under this caption tho Ilarrisburg (Pa.) Union and Patriot, hitherto a string polled, and -hall transmit the same with lisl of voters to the Sheriffs of their re-spective counties; and where officers and - diersin the same companies shall vote in different counties or different Congress-ional districts, tho said freeholders shall ingly, and make returns to the Sheriffs of the different counties above referred to. , . ,. /. r oidained, That the - pective counties said shall prepare a fair copy of the votes journal, thus touches upon a new danger which is beginning to threaten tbe North : Are our readers aware that a rebllion against the authority of the Gcernment is organizing at the North—that treason \n rearing its ugly head in the midst of the very party that professes the meat deter-mination in putting down rcbcllm at the South? It is even so:—Daily attempt are IOW being mado to array tho army against the Government, and to set up the military above civil authorities. Daily threats are made that if the war is not pushed forward with more rigor, the army will act upon its own responsibility; and that if a compromise is effected three hundred thousand men in arms will not disband without administering law accor-ding to the code of Judge Lynch. After all the heautiful prattle about the Constitution, the Union, and the enforcement of the laws, coming from thoso who havo spent'years in trampling upon tho Constitution, deri-ding the Union and violating tho laws, the old law-defying instincts have once more gained the mastery, and rovolut.on isnow the watchword. The Govcnrnient must plung headlong inio tho vortex ot civil war or to be trodden under the iron heel of mil-itary despotism. of this .State shall count the votes ot the said offi- :M d soldiers, ii received within seven days after the elections; and they shail not declare the result of tbo said election until the seven days above mentioned shall have expir SEC. 1. Be it further ordained, That this Ordinance Bhall I e in force frora and after ibe day oi its ratification; Provided, tliis ordina ice .-hall be in force curing the ex-stenceof tho present war with the United States and no longer. Read three tim i and passed, June 25th, 1861. W. N. EDWARDS, Test Pres. of Convention. V- UITEB L. STEELE, 3 cretary. L.C. EDWARDS, Assistant Secretary. Lincoln -. Wcsfcage. The Baltimore Exchange quotes some paragraphs from Lincoln's Message, and comments thereon as follows: "Of such, and such like stuff as we quoted and stated, ibe reader will find the M. siege lull. Of anything like a truthful statement of the case, as we know it to exist, ho will find not one word. Of tho de p and manly sensibility which be- ■ so terrible a moment; of the I awful responsibility involved in ■ so much blood of brethren, and dedicating so much fair and teeming eartli to fire arid sword and desolation, ho will n I a single trace. There is neither heart nor BOBI in the paper from beginning to end, and when it concludes with an ex- ■•:-rot in «j •(!,' we involuntarily look to heaven for ".he judgment which foil ou Ananias." Birds of a feather.—From the first day's proceedings ol Lincoln's Congress we hee his friends proposo to alleviate Lincoln's perjuries by committing perjury tin msel-vcs. Wo are reminded cf the incident in tho history of a celebrated British states-man and wit, who, reeling homo in a state ol not unusual obfuscation, espied an ac-quaintance, more overcome than himself, lying in the gutter, and comforted him by-saying that he could not help him up, but he'would get down in tbo gutter and lie with linn.—Jiichmond Whig. Tbo London Time* considers tho privil-ege granted by Louis Napoleon t.o privat-of the belligerents, to rcmaira twenty-four hours in French portB, as favorable to the South, a smart skipper bein ^ able in that time to dispose of much of his prize goods. BY PEARSON, C. J.—In Ha.rrell v. Davis^ from Greene, affirming tho judgment. In Gardner v. Klutis, from Rowan, affirming the judgment. In Winchester .. Beid, from Union, judgment reversed and venire do DOVO. In liill v. Williams, in Equity, from Hr.lifax, exceptions allowed. In Kooo v. Vannoy, in equity, from Wilkes, injury directed. In Barnes v. Barnes, front Wil-son, arBrming the jodgment, and awarding execatipn. [Tho decision in this case Clares the hit" stay-law unconstituti'i In Hunter v. Anthony, from Orange, af-firming tho judgment. Iii BATTLE, J.—In State v. Lauchlin. from Bobcson, declaring that thero is error in the judgment below. In Haden v. MI. C. 11. ii. Co. from Davidson, judgment re-versed and venire do novo. In RaSOf) v. Cherry, in equity from Bertie, reversing tho order. In Armtiehl v. Clement, in eq-uity, from llavie, dismissing the bill. In Bail v. Dulin, in equity, from I'avie. <\\-j-mi-. oing the bill. In Gibbs v. Williams, from llavie. judgment reversed and venire do novo. In I! mghton r. Brown, from Vadkin, reversing tho order of the Baper-rior Court. In White v. Hatcher, in equity from Sorry, directing an aCOOODt. In Cannon v. .i.aywood, in equity, from Wake, ei eptiona in part sustained. Bi MiXtv, J —In Luther v.Skeen, from Davidson, judgment reversed and rei do novo. In Uedrick v. Wagoner, Irom Davidson, affirming tho judgment. In Cro.vell v: Simpson, from Union,judgnie: t affirmed. In Cowles v. Carter, from Vad-kin, judgment reversed and venire de n< In Ldwards v. Jones, in equity, from Wilkes, order affirmed. In Lynch v. Bit-ting, in equity, from I'adkin^acconnl ed. In Dunn v. I ti;,, affirming the judgment. In Dow: II v. Jacks trom W.IUes, declaring thul thero is DO error in the judgment of^the Superior Court.—Raleigh Standard. • Tiio Dublin Nation, quoiii g the infam-ous and demoniac threats of the BTortl journals against the South, and especially tho -New York Tribune, which dec1 tint tiio rebels MM not only be subjn ed, but "not permitted io return t ful homes; they mnst find poverty at their fireside*, and soo privation i i the anxious eyes ol mothers and the rags of childn exclaims with emphasis:-—"Waa ei ii hellish sentiments ottered? Whore, in tho annals Ol despotism, or the records "ot its butcheries, si,all we seek foi a pan thisi' Where evei it rebels who had not a particle of justificatioi I If the jects of the most ihat ever held a sceptre nad act) la tl. t mth-ern States have done, would • uii-ments not be infamou.- I uttered on bis part? Vet, infamy <>t infamies are they when uttered by Kepublicai s agaii ther Republicans—utternd I y the . ante of tbe rebels of TO against men with far greater unanimity, row dem the s ilf-came right iho^e. robols claimed— self i iovernmcni."' Backed Out.—The i.oui villo Ci nrier says that am I untocrcomp railed over in Indiana was one, the I tain of which was very desirous Io baveit accepted "for th« war." Well, tl came to march, but the Captain I id a sudden and irrspiuselWe fill to private business which compelled him to re- Tl.e company then called a meeting to on the resignation of their apiaiu, >. they almost unanimously}.'!) wo il voices) dotcrmined to resiga too, '-out ol respect to their Captain." .—r ^ • I j | B '
Object Description
Title | The Greensborough patriot [July 18, 1861] |
Date | 1861-07-18 |
Editor(s) | Sherwood, M.S. |
Subject headings | Greensboro (N.C.)--Newspapers |
Place | Greensboro (N.C.) |
Description | The July 18, 1861, issue of The Greensborough Patriot, a newspaper published in Greensboro, N.C., by M.S. Sherwood. |
Type | Text |
Original format | Greensborough [i.e. Greensboro], N.C. : Newspapers |
Original publisher | M.S. Sherwood |
Language | eng |
Contributing institution | UNCG University Libraries |
Newspaper name | The Greensborough Patriot |
Rights statement | http://rightsstatements.org/vocab/NoC-US/1.0/ |
Additional rights information | NO COPYRIGHT - UNITED STATES. This item has been determined to be free of copyright restrictions in the United States. The user is responsible for determining actual copyright status for any reuse of the material. |
Object ID | patriot-1861-07-18 |
Digital publisher | The University of North Carolina at Greensboro, University Libraries, PO Box��26170, Greensboro NC 27402-6170, 336.334.5304 |
Digitized by | Creekside Media |
Sponsor | Lyrasis Members and Sloan Foundation |
OCLC number | 871562047 |
Page/Item Description
Title | Page 1 |
Full text |
^
- 1 u
(tffl ran atrai
VOL. XXIIL GREENSBOROUGH, N. C, THURSDAY, JULY 18, 1801. NO. 1,156.
•PS
! S. SHERWOOD
>R.
1.00 A YKAii IT* ADVANCE.
Rates «>i Advertising.
SI
t
5 3 aOMTBC. 6 MOXTI1S. lllAl
• -
s |0.(KI
- ■
the
Supreme Court <*i .\ortii Carolina*
■ - of the
■
-
n actioi
i • VVil-i
tiiC
:
I
" ■ ' ( .1. -
f North
i
. ■
■† ■ :
n any
duo
?( f L'X-J
I
by any coin i
i
Ji Of li
■•. the i
tarn i
■
?n of
•■•-'.
lien
. j .
■
■
-
ibili-
■ †. i
intc i ■†† :
eptanco, or
on of the constitutional power of
ire to pass tho statute.
1: be discharge of this duty, we aro re-lieved
by the fact, that u qneation oi Bach
importance is not now presented for the
: time, go as to {.nt upon us the responsi-bility
of making a decision on th« strength
leirour own convictions] tor we tind
the lino ban been plainly marked, in
fact "blazed out" by many previous idju-dieations,
so that it can be easily followed,
ill we bave to do, is to make our appli-cations
of well established principles.
I hi right and the dut}- < f tins court to
judgment on the constitutional power
Islature in making statutes, is en-
■I ed by ao many elaborated i
of this court, anotoftbe tho Supreme Court
a United States, and of our sis'er
- to make a furth< f n or
citation of authorities, a useless aftempt i t
a display of learning; bo we assume
to bo settled.
i »ur opinion is, that the statnle under i
sid< ration, so far as it '.pposes the right of
plaintiff to a judgment in tl c t be-low,
or the motions lor a judgment in this
' and foi execution, is void and of no
-•• it is in violation of the C
Btitntion of the United State, and of the
1 ' • of the Confede ite Sta -.
which, in this respect, is the sarry?, and, al-so,
the Constitution of this State.
1st. It is patent, by tho face "I" the stat-in-,
that it does "impair tho ol ligatlon of
This i ■ †rjettl -1 on* a vs.
Cril I Car. J.aw Ri ">. In that
amentia exl austed, and woon-
I •• we concur in it."
It is suggested that this case is distiri-le
(.n the . . !. that when the
li stion was ; . country
was volution, or
state oi "con volution.''in
b the L
volution 1.
d by a subs equeni
ion, by force oi n ! acts
h in anticipation of,
:.: ral
■ prop dtion, ho\w
•entitled to in political form, can-aeon
of its appre-a
K gal tribunal,
d to the investigation ol questions
word?, th" Legislature cannot deprive a
citizen of his vested rights of property. See
Il-.ke vs. Henlerson, 4 Dev. 1 and the case
there cited. So the question is, can the
Legislat trexle prive a citizen of his debt,
which is a vested right and a part of hiscs-tate
or property, in tho broad sense in
which the word is used in the section
above cited, including all rights of person
and rir/hts of property, either by confer-
•ring the right on a th.id person, or by re
leasing it to tl e debtor, or by taking from
the creditor the right to have judgment
and execution for bis debt according to thj
course ol the < MILS. Manifestly, y acred
ffor ifldopr.vcl of bis right to have judg-t
and axei ' 0 I I r hii debt he is there-by
deprived oi bis right tothe debt, which
consists in bis right to enforce payment,
and the ground of hope that this depriva-tion
is not to bo absolute and perpetual,
but only "ur.til otherwise provided by
law" which is ield out by the wording of
the statute, does not at ail vary tho ques-tioned
power, because the power to deprive
one of his debt for an indefinite time is the
same as the power to deprive him of it ab-solutely,
and § 3 far as the creditor is con-corned
it makes no difference whether the
debt be giv« D to a third person or bo releas-ed
to the debtor, the violation of tho rights
of the creditor is the same, and power thai
can do the one can do tho other.
2d. The statue is unconstitutional, be-i
cause it violati 9 the 4th section of the "de-claration
cf rights." Tho legislative, exe-cutive—
• / judici ol »vern-
: ought to be forever separate aud dis-tinct
from each other.
Suppose the Legislature should pass a
statute that th Governor, in the recess of
the General Assembly, shall not embody
the militia of he county of Rowan, or
shall in", embody the militia "1 the State,or
shall not do any act of his office, would"the
lej lath ind xcutive j fthe gov-ernraents
be kepi ; arateand distinct from
each ot n r?" Oi ..'. ' ture
should pai a Btatote, that the Supreme
Courl lot give judgment and issue ex-lion
in the ase of Barnes vs.Barnes,or
shall not. give judgment and ssue execution
. 'is duo on I onds, pTO-Le-
lter Horn Mi- Vallimdlghaiu.
D.uros, Uuio, Hay 13, 18-J1.
1\ Mrtsrs. Kchcrl H. Uendrick.;■„ X. 0. n(
o!le
■ O
'tin
:.ld.
ur
r 9t
un e^
Si.
rao
• or
SB
:cc<
J1-
? ii
; had w." | But
mpli n, we
■† r the legal .xini :
' v. hi !i is void ca ifii med"
20th of
. when theordinaace of the Conven-
. by which this State was withdrawn
i the government of the I I States,
> effect; the statue under i r-wi
- in full force an I tar as
- i . . liV luO Col -. J
ere concerned, in the same manner
l if the State of
linabadm rer been a member of,
the G( vern-
> as t< bring up
m, what ■■† In .... >■:•
lina Litu-
'ttic provisional .; t\ ern mei t of tho
lerate States, mad • oi ime day, , n the passage of tbe statute
• r c >nsid( ration
Tl is ' esul it cot avoided I".
me .1 and issue i
actii indi either on contract or I rl
brought bcl
Uo irl would, the l<.. slat iv< an I su-premej
idicial pow< rs ol rer mei I be
kept E ;par: le and distinct ? In other
words, would not irtton and exer-cise
ol I iii [ owi on tbc part of the Li gin
latui. ' I the exe-cutivi
• supreme judicial powers ot the
••■ n cut. ai : :c:-l th • :: v.rr.ment
...'i-i Q i I y ■■ . . Qter-ii
all powers • the legislative depart-ment,
and making lead of a
free government where the pow ;s arc. di-vided,
aud given to separate dej artments,
a
or war, as tl e surest means
• n and reconstruction
irenderin •
.ossihu' I
have too much respect for hisii jtellect n
rone moment that tbtt is a man
for v ,.r whe is not a disunrTst perse.
da not mean, if T c:inf/Bever.'. it.
that the encr iii •• < f tho i i aTrienpiot-i
estn y it—shall drag tjfc cou:
wi r und«r.tlic }>retoxt cl'Iroteetio,;
iho laws,
1 lie if ob-s
a"-i:c-
' ■■ r !(• property andonforcaj
and collecting the revenue, whei
is i isnni >e, and war the tt.
'' J he disuniomsts, tuerelote, are divided
iit i two classes—tho one open, tho other
secret d sunif aistB. The one is in favor ol
each acting in its a| propi ial e epl i re, as
cheek on the ot ier .'
: ..eh, it seems : ■ us, would be the result
ot thec< ncessic i of i:.e powei assumed by
: f
,,: n al j i
.
• which ha
tnnary, A
accruo uj
•
within hi
D
r the in-or
i
I y ' * mputing I
such
■
; h • en
butsome few houi er, the ordinance
ferrcd to. Th s ordii ance after
assed by which tb< , i
[ere « :i- a pt iod,
. mrs, during all ol which time
ite of Xn; th l ;. :n refi rern i :
her I n either with tho L1. ti
with the Coni States -...-
ioven n, and tli tuti ii
the adm
and
effect. Is it I i of a
ct of tl oi
' '< :.-
hieh ;:i • rords pro-
S i --• ate Bra I pa ' iw im-
' was to
•
. Btat : ■ round
in viol fthe
i ition thei '.'!
'J lion that I fthe Con-stitutio
i are "Xo stati 'pa
using ilirf words in tbi
a ■† law which had already
I impaired t i ■ of con-be
allowed in op-
. rat . a a plaj nj rds, i i
ct.
.. b b the Constilul
,iii>t at present, « all mortgi i in - ' , ,,
dter ■† . ■
■† tho
I
l in
■■■''■ and ' . , .. . , , r. ipe • to this, wbethar t wi isscd be
i .".-..an
' ' J • ■ ■†† ' 1 1 ii Til l , t si tratton, sup
computed i ■■
.unes
f
I
■
■
■
' tion
:
i
-
I LSI
11 be-
■
P-
• unfetti red
: tte had pi . ma-ral
I ' I .
Vfter the adoption of the L'on-
■ I
ontinued to I e a le -.1 ten-
IUredly not, for i i of
of the law was
i :] i pr i-v.
- : . - It!. I
peratii cause I
passed I he a
Genoi ■† :
I to rigoi
w as admitted ;:it" • i ey.
!: ; .
i' nstitution, or an amen I the
any and all
■ ■ i. .- • d and >e
' .:• a- they are Op]
h the new oral I
n the san I statul re-
■† † pre con-wit
h its prov - md a wil
i *.«... ■
voki I >r the wlls—o . ence has
so far as it conflict UM an-
■ate States, w • nion
statute is in
L'oi • fthe State i in
I •. '-The declarat
pri pie of f rei ■† ■ j afii
in seel ion 1^, "no free man ought to be de
i privi d oi his life,..berty rly. t...
■† iw of tbe land."
II is settled that, by I
ature baa i power to de-
A of I in : seand to B, or ial depai aent. '
1 I forjudgi at and executions be allow-is
debt and give it :o F—in other led. PJEBCCRIAM. Judgment ulSiuied.
tilt ;, '
that the rest;:; it ii the t'ouris. \e confined
by i a ii ion t rtlu bis ar I inat-
!■■;... ... hat it i a ' aba .utc,
er ■ provided by
-for it i ■ ■, • Bti n ol power. If the
I. ... iaf tho power to impose this
.•;ini on tbi Courts until otherwise pro-
• o\ law, . lias the power to do BO
lOutthe] r isii n to remove the restraint
vhen we have etter times and it sliall be
. i r for men i , pay their debts : and if it
tho power to impose this restraint on the
Couitsin respet t to matters mtract, it
has I r ■ extend it ;o matters ol
. and then a man n bo is sir? than
I may taL'-au... i»»y negro oi my horse
. . hi laws
i: my countrj I give mo no i I n s be-se
the temp o o: justice is closed. A
pow rtosusp id or to abolish the admin-t
exist in a tree
rnmenl nthout law and tribunals
to administci ii there can bo no govern-
:by, which is worse than
)tism . and yet the power involved in
the passage ol he statute necessarily and
by li II ads to that result.
If there bo si tap wer in the Legisla-ture,
we are, w th all our boasted free insti-tutioi
. tcly behind the monarchy • i
ct to tii : lion of our
its of person and rights ol property.—
Kstoae. the learned commentator on the
constitution an i laws of England, in vol.
1-:. page '!■ ~-i says, "a third subordi
right every Englishman is that
to the Courts of justice for the red]
.. o the law in Eogland is
ii... Kujii- . irof every man's life, lib-erty
and prope t}", courts
met he up us to the subject and tbe
law be duly isdministered therein.
emphati ■ †. tfagna "
i
berefore every su ei
injury e ti r. ...■:■:, >. in
. bj am th r subject, b" be ecclesiasti-cal
01 boat any ex e] . . n ,.v
by course i I
it for thi
• - sal ■. ; i .;. n itb ut any
dt : . Without d£ laj ."
I i ■ weai with.
i nee i I i
United States, or to that ol ih. I
S ati a, m .- ..: ■ I
protection to i i - i ainst all
( 111 :.:..: nu . .ture
upon the right of pro] ertj -son
' i
that ■ - , . rjni.
'■ ■ - hibits laws ini.
the o coat:;. . . ihat the
rt lourid ei a pi ion ei
,:, direct an 1 ] sii ive t< rms, upon whi
vvasmoi to put 1
fu damei tal prini-i-ation
ol tl,.-
jral ' ._....'. expressed in
• - - I | i lor ;n truth
no g i ei auieut i.. ■ be fn
• •>-.. . he proti
ftbo law
ana the ind apreme in-
Let the several mo-peaceful
seeession and a recognition of in-n
lence : the other is in favor of war:
is the surest moans of making :he separa-tion
final and eternal. I am a Union man
and hence against wart but if! the Unioi
must be temporarily broken ly a revolu-tion,
and the establishment o\ a, de facto
Government >y Bonne of the States, let no
art he done that will prevent l*CBtoratioi
and future pr «ervati*n. Peaci is tho on-ly
policy thai can lead to that result.
••Bui we .•> o told, and we heir it repeat
•verywbe -e, that we murt find uu.
ithei wi have a Governmfnt. 'Have
v B Government?' has beenbropounded
by "very tyrant who has tried to keep Iii ■
feet on th • 1. icks of the peoj/O since thi
Id began. \\ ben the barons demandei
\l.i; na Chart a trom King J'hn at Kan-il
lylnede, he ex lairaed 'have we a Govern-ment,'
and ca led for his armyio put down
the discontented I arois. Whfi Chains I
id to collect tho shiji's money ii
of th • Constituti TI pf England
and i disregard to tho right! ot the peo
pie, and was resisted by them, ho exclaim
ed 'have we • Government f We can no
in .: with rein's : put down the traitors
we must show that we hare a Govern
ment.' When James II. wai driven fron
the throne of England for trampling on
the liberties of the people, he balled lor hi-army,
and ex • a med, 'let us Bhow tliHt w«
have a Gove • ment.' ■ Whew George 111
I upon his army to puc down rebell-ion
in America, Lord Nortblcrkdout lus-tily,
"no com iiomise with traitors j let u-demi
Dstrate hat we have a Government.'
vVhcn in I -H. the people rose upon their
ants all ever Europe, and demanded
an tees for. their rights, "Very crown
■ ad ex laimod, 'have we a Government
•! to the army to vindicate th. '.i
■•' *pply- authority and enforce the Jaw.
"Sir t! ■††† story of the world does not
fail to eonden.n tho folly, weakness i
ccdni - an government hai
i eon strong e h to crush ten mill,
oi peoj le into subjection when they believ-edtheii
right's ana liberties were imperiled
will ntfii verting the government it-d
. Jsm, and destroying the
la-t vestage c^f treedom."
These v t! sentiments of the Demo-
> j arty. i ' 'onstitutional Union
rge majority of the Be-in
pre B< and party only six v.
They were mine; 1 voted them . e
peat ; ly aloi g with every Democrat and
Union nan in the House. T have seen
ing to change, much to confirm, them
• in tho secession, within
last thirty days, of Virginia, Arkai
N itb Carol: ia, and Tennessee, taking
with them four millions and a half of i
le, immense .vealtb, inexhaustible re- ir-ce
«. £\e hundred thoubaud fighting men,
and W. IP. Sevretl, M^dfyjUcn, Ohio.
Hr.sTi.KXis : Voursof the 7th tnssant, c-questing
tii'-opinion upon terrain poit.ts
connected vith what yon justly stylo tbj
present '•' inglorious and it iu/iy be bloody
war," has Oi en received. That cjdniju was
long since firmed, aud repeatedly set for .I
through the press or by sjicecl £.iJ Veto in
the House >f Kepresentativi>aku<«.wiiii« |