The Greensboro patriot [February 24, 1870]

              ■»"' •>
IS ri'BLISHKD WEEKLY
AT GREENSBORO, K. O,
BY ROBERT H. ALBMGHT.
TERMS—cash invariably ID advenes.
One year «•-'. »ix month. »I.2S, three row. 75 CIS
t?*Auy perm msnUDg/N subscribers will re
eeive on*- copy gratis.
Kates e>f Advertising-.
TVon'""' |./,.r(iV/n/-..(. payable in adcaurt :
nearly w/i*. (Uf SMn!-< nnarlerl'i in awaaat.
l»,r. (1U1 rless) 1*1 insertion, ♦ l-OO
' Each additional iassrlhin,—
1 dr.••- months,
Six BKHrtbl
On-- year,
i ooluuio 1*1 insertioe
Each sdditional
Three month.
Six month*,
Out- year
• coiuuiii l.t insertion,
Kmh additional,
Three months...
Six month.
Our year •
1 column 1st insertion
Kach additional
Three months,
Six months WM>
Oneyaar MM*
|CJ*Sfi.i i\I.Niiin.» GO per cent higher than
t!w» *l*>ce rates.
iy Court orders six weeks.*?; MagMNW
notices, lour weeks, eo. '" adranfe.
Year); idrertiaenantii changed quarterly ■
desired.
IT* Obituary notices, overavs linen, charged
aa advertisements and paid for in advance.
:*
4 .IK)
li.lK)
lU.UO
fi.UO
i.r.o
lj.oo
2S.00
•u.uo
10.00
3.00
w.oo
3T>.O0
BOM
15.00
8.00
:<&.uo
Professional Cards.
JM, II. Dll.I.ARIi, TllOS. Kl'FKIN. JR.,
Late of y.'..c*i„./'.'"«,.V.C. Ute of Alainaace.X.C
JNO. A. (ill.MKK. Greensboro, N.C.
I)ill..rd. jiiilllii Jk Clllmrr,
ATTORNEYS AT LAW.
Greenxboro, JvX.
IPRACTICE in the Court, of Giiilford.Alamance
Randolph, Davidson. Stokes, Yadkiu, Surry,
Kuckingham aud Caawell Cuuntiav
One of the firm will alivay. attend the regular
Probate Court, of K»-kiughaui, Alarosnce and
Guilfurri counties.
Utr. eta, itJtB. lay
JH. Ilowl.ll. D.D.K.,
. Oradoate of llaliimore Dental College,
and umillhlir ill* ft ■nil— Dental Association.
t»»'»'»t improvement in Dentistry^
sawlive T.tih filled icithotit PUSt
IiV A sunnl- apesaMUon lbs Tooth
... renBeredliiacnstblcto pain during
the openlion of Riling,witboot injury
n,tree at tooth Every operation warranted
.. give satisfaction. Cham* '■" '""' •" »".v deuti.t
who ha-paid hi. lax In the Kuliber Co. I u.e
Hrwmite or Iodised Rubber.
[ S*' OFFICE l.t door up utaini in the Oarrett
Building «3:ly
Di;> I A I. NOTICE.
DR. J. DAVIS
Would respectfully inform the
kciti/ctisof (ircctisbnro ami the ad-
"joining country that he lute, fitted
nu an OFFICE ovci Dr.Bcuuow's
DRY GOODS STORE, where be will he hap-py
to attend lo all who may need his services
An experience of the past eighteen years, ten
of which have bocll spoilt in the town of Fay-ettevil'e,
wi.ll warrant him in guaranteeing
perfect satisfaction.
He i> in possession of all the lute improve-ments
in the an. Charge! moderate and work
u ,ii i anted.
; if The heat of references will ho given
(loin citizens of Favcttcville. 77:tf
Established in 1824.1 THURSDAY, FEBRUARY 24, 1870. | New Series No. 106.
— « ~!
W. A. HORHEY
Watch Maker
JEWELLEI
HaMltlwaV* Oil lloUIll
A title MMftsBtttt of
Wntclie»« A: JeWtby.
MEt'AlRIXU .I.,,,, \EATLY awl CHEAPLY
(i\v¥ him a rail al CLW.Ogbani'l Hook .Store.
•71y New Jewclir J"»» r«e«lTe«.
Remember the
DEAD!
TOMBS and
The under.ign.il respectfully inform, hi.friend.
and the public al larye.that he is nowjirepared to
furnish al! kind, of Monument, and Tomlwtuues,
of latest design., with proniptnesB, and at price,
to suit the times.
Order, solicited and promptly filled.
r*F"All work west of Company Shop, delivered
on the railroad free of charge.
S. C. ROBERTSON'.
20:IT Charloll', X. '•'.
Business Cards.
OISO. II. PKKKti. CHAS. «i. KI.UOTT.
i/it■:■'.!< A- «•©..
r COMMISSION- MERCII-VNTS
AM*
Wliolrwtle Liquor Dealer*,
No. 18 Roanoka S|uare. Norfolk, Va.
Consigiiiuents of country produce and general
icliaiiili.e xdicited. A stock ofOood Uquora,
Win,-., Al., always on hand, for Mile at reasons-t
',• rale.. 5ftl3m
W.B.FARREK,
WATCH M VKKR. .IKWEI.KII k
OH K IAN.
Greeli.horo. N. C,
Ua. constantly on hand a
.pteudid assortnMMt of
Fault tollable Jetcclry,
anil ROOM splendid ll'afcfte*
AND CLOCKS,
Which mil be told
CIIEAI' tor C'AKH!
\Valche..t'|i«ks,.lewelry.Sewing Machines.
i-lol. repaired cheap and on .hort notice.
I oppoaite the Old Albright Hotel, East
t Street. 10-ly
N. H. D. WILSON,
Greneral Insurance1 AKont,
<:Ri:t:>sBOK(i. B.C.
Represents FIRE Companies with aggregate
CAPITAL of
Twenty million, of Dollars.
ALSO THK
JKTNA Ufe INSI RV\( E COMPANY,
l"iiBurpu.-.ed l.v any in the ( IIV.AI'NKSS
and H. I In 111 lit» of its Policiea.
ASSETS $12,000,000.
Call ami iuaure your property agaium IOHS
by lire, and tlm*t wenre you a lioiue, and pre-vent
embarreN.'rUieiil' .n IHIHIIM-SS, in etM of
accident.
&• Pro-I.io a LIFE POLICY fi.r the anp-por'
3« your wife and children when you are
gone. OrMCK :-Haukiug Hnii.» of Wilson
& Shober, South Kim St. 7T:ly
Hough, C'lendcnlng it Co.,
tot ton Factors &€oMn'n Merchant'*
For the sale of all kind* of
0<BV>VB? »»€>BI»CB,
No. 1%* South Eaiaw IWreet,
BALTIMORE, Mi>.
RKKKIIK.NTK.S :—Hopkins. Harden .V Kemp,
Canhv. (iilpiu A Co.. Penninian A lii-o., Daniel
Miller A Co., Howard, Cole A Co.. llultiiuore :
M. Greenwood, New Orleans ; C.W.ltutton. Es»p
Lviichbiirg. Va.; Dans, Roper & Co..Petersburg
Va. An... Iftly
N. II 1). \VII.M>.\. tUAS. K. SlIOUKK.
and 1
Cal
Mark
DT. I'arrawuy,
COMMISSION MERCHANT, aud
il,-:ii.i In Groceries, Provisions, Hardware, Ola..
cV Crockery ware,Wall papar,Window shades,Ac
Prompt attention given to orders.aud to the sale
it Cotton, Grain, Naval Stoles, Tobacco, Dried
Fruit. tVr commission.
col KT HOUSE mil.DING,
Bl:ly Mewbern, N.C.
HOWARD, COLE & CO.,
Importon A- Wholesale Deal**r» in Foreign
aud DoOMStic Drv Goodn,
And White Goods & Notions,
:t->l llaltlmorr. a 64 German ata.,
tie,. W. Howard. 1
jno. n. Cole, Baltimore-
Henry K. Si-liunnaim, ).r'?:l
I 9- A. I' Sl'KKltv is with tin. old established
II.......
SKLBV .Nc DTJLAWY,
Booksellers and I'eulers in StationarT.
Ruled and Plain Paper..
Wrapping Papers,
Blank Books.
33a W Baltimore Street
lieui' IIowaicl-
..: In.
HII.M)\ & SIIOUEH,
BANK E It S ,
GREENSBORO, X.C.,
(South Elm Street, opposite Express Office.)
Buy sad sell Cold and Sih.i. Bank Notes,
State and Government Bond.. Rail Road Stocks
and Bonds, Ac. &c.
!*• Receive Monevon deposit sabjeel to SIGHT
CHECK, and allow ml. 1. si iii kind
uj.,11 time deposits of CUKBEMCY 01 BPECIE.
l>lMCOUllt llusincss I'liju-r!
(,'ollectious Made at all Accessible Points.
Sept. llith. ly
■\\' I.. FOWLER,
T» . MBBCHANT TAILOR,
(West Market Street, opposite Southern Hotel.)
(ireei.-boro, N. C,
KeipH conslanily on hand a line assortment of the
most fa.liioiialuV (/«'/.», Cmmmrra, and Mil-liners
Gaoin,
MRS. FOWLER will be pleased to wait en
the LADIES ai all times. Oct. 7lh—PT:lf
PRINCE A IIIMI:K,
GK.NI.IMI. I'IIMMI.-MON tlBBCBUXTS,
KOM. 'i:> di. n 4 oinuiei t «• street*.
NORFOLK, VA.,
Stdiiit coUhigtiuieiitH of all kind of Country Produce,
und Mmn qaiolt MIAB and pn>mpt returns.
Cash orden (ur produce in hand) for Provi-ni(
ins, itr:iin. K«'itili/«Ts, or General Meirhan-diae,
Selected with cara ami shippt'd with
dinpalrh.
Oyhtt'i Shrd Lime, *?.r>n nt-r ton.
Freah Ground Plaster, $utoo " u
feba5:ly
BOWLING ALLEY!
I \V.ndd inform ili^ poUiothal I hare two
TKN PIU AIJ.KYS
! In ihe rear of my hoteli (the Plaator'a) where
penaM fond nf iuuuceiit K|H»)1 and recreation can
u i»LT THE BALL IX MOTIOX."
RATEH LOW !
nov. Sl:ly JOHN T. REEA, Proprietor.
H C. WILLIS,
» \ ' 111. *. I'oniiiine St §oa,
M •.■ i::.<■' .ivi- of
QUERCITRON and SUMAC,
IValers in
Lumber, Brick-Makers,
Ainl Contractors for Building.
Is" Ottceneai X.C. Depot. anglftly
itunk of (irienohor*.
> tiREKNSHORO, N.C.
Charltmli) Ihr State*/ -Vorr* Carolina.
Authorized C'lipiiul »5oo,ooo.
JKS8K II. LlNUSAV, l'resident.
Late Cashier Hank Cape Eear, (ireeu.boro.
.It ills A. Qiu\ , Cashier,
Late Cashier Danville Baak. Va.
El I.I NK MOKI.III.AII. Teller.
Negotiate Loans, and diseount bosiaess paper.
Ituv an.I sell Exchange, Gold and Silver Can and
Bullion, aud Bank Notea, Uorenuaeat, State and
Rail Koad Houd. and Htaoks
ninivi- MONEY oa DEPOSIT.
Make i idlectioii*, and trausai t a iseneral
April. I-":'. Bank n Business. 61 lv
I HOI WAIT
(ik'WERIES.
BOOTS Ji SHOES,
I'IiV GOODS,
COKr-ECTIONER and
Healer in I HI US. TOYS, TOILET
and IMJCV ARTICLES,
KecpM coiir-iahlly on hand, a full and fresh
supply of Candien, Nuts. Fign, Date.-., Prunes,
KMI.-'M- Citron, ('iirraiitrt. C<H*oannti>, ' >raniiPi*,
I-cuii.: -. Spice* Flavoring Kxtrat t*. Pi-enervee,
Jellie». Hetties, Sauce*, and everything UMiinlly
fniititi in a fii>i elan Confectionery.
Prize Boxen ju>t n-ceivetl. North Elm Street,
i.|i]i..-.ii.- Court House. Sep. i':ly
Tuli's Wi K«tubio Liver Pilla
Cure* ile*ea9ert of the liver and Stomach.
TITT'S r:\PE("rUKii\T,
A pleasant cure for Cough*, Cold*, etc.
TUTT'S SARSAPARILLA & QUEEN'S DELIGHT.
The great Alterative and Blood Purifier.
Tnll»i Intpruiftl Hair Dye,
Warrantan the be*tdye in nae,
Tl.etH- valuable preparation are for aale by
l'OKTKK A ECKEL,
Dee.93—Cm Greenaloro, .Y. '.*.
SODA iiisrur.
A frenh Mippi\ of Soda Biscuit.
Ginger Jamblea Sn|terior Oroan Tea.
Superior Black Ten. just received at
Jan. It', l^Ttt. SLOANS.
JOHN N. STAPLES-ATTOHXEY
AT LAW
<-Kt:i YMIOIIO. \. C.
Practice- In ih-- Cmirt* of OolHbrel and the ad-joining
Counlie*. Bneeial attention given to
collection*, ami caapj In Bankniptcv.
Jan.37:Ir.
The Farmer.
In the mrtal of thy face shalt thou tat bread.
WHY FltUIT TBEES ABB BAR
BEN.
Trees that expend all their forces in
the production of wood growth, can
produce little or, no fruit. Indeed, it
is not possible for any tree to produce
a fruit germ, and not again in some
way disorganize it, unless the wood
growth shall cease in time for the
leaves to elaborate food enough to
grow both leaf and fruit the following
year, or nntil a part of the leaves shall
attain to nearly or quite their fall size.
That this is so will be apparent, when
we consider that the leaves which first
appear in the spring were formed in
the bmls the previous year, perfect in
all their parts, and in the embryo state
contained each individual cell found in
them when fully grown.
The question may arise, if there is
no addition to the number ofcells, how
do the leaves grow f The answer is,
that the only difference we can see be-tween
an embryo leaf and one fully
grown, is in the size of the leaf cells.
As growth begins iu the spring, these
small cells, which were formed in the
previous year, began to expand. Each
individual cell thus enlarges, until all
the numerous cells of which these leaves
are composed are of full size. To further
illustrate this, let us suppose, on a
brick wall, that each brick at the same
time was gradually toexpaud to several
hundred times its present diameter,
and you have just what takes place in
the growth of an embryo leaf. Here
we have a tree in possession of a full
grown leaf. This leaf did not form
itself, but was formed by the tree in
the preceding year.
To produce aud sustain this cellular
enlargement, there had been stored
the previous year a large share of nu-triment
in the buds, and in other parts
of the tree.
This nutriment must be not only
sufficient to feed the embryo leaves,
but must also be sufficient to prodec
the small warty excrecences—the root
lets and spougioles. These new leaves
and spongioles are a tree's laboratory.
And those leaves and spongioles first
grown were made, with the exception
of moisture, wholly out of the materials
that were stored by the tree during
the growth of thd previousyear. When
these vegetable stores are in sufficient
supply to this, aud nourish the fruit
germs also, then we shall hear little
about imperfect fertiiizatiqii. On the
other hand, had the food been consnm
ed the previous year, by ripening an
over-crop of fruit, or by making a very
succulent growth, then the tree would
not store a sufficent amount of plant
food to perform its three-fold office in
the produce of leaves, roots with their
spougioles, and fruit.
In this condition, a part of.thc leaf
and a larger part of the fruit buds,
yield up their nourishment, which goes
to the production of root and leaf
growth. The tree, therefore, is barren
of fruit for the summer, its Arhole
growth being required to recuperate
its own vigor. Such trees often bloom
freely, and then cast the blossoms.—
When this occurs, uninformed persons
attribute it to waut of fertilization, or
suppose that the rain must have wash-ed
away the pollen.— Kansas Farmer.
Gentlemen in Congreu.—Some of the
gentlemen from Massachusets, New
York, Pennsylvania and Ohio, in Con-gress,
have been iudulging in nngen
tlemanly observations and insinuations
towards each other. Bet ween Messrs.
Dawes, Slocum, Kelly, Garlield and
others, on Wednesday and Thursday
last, there were ideas exchanged which
would have been enough for two or
three duels in the good old slavery
times. Sow it appears to be all bark
and no bite, aud the Southern hotspurs
have disapiieared. Lastly, it is a re
markable fact, that a late regular fight-ing
man by profession, the Hon. John
Morrissey, should turn out one of the
most exemplary gentlemen in Congress.
Inasmuch as Morrissey is a prize-fighter
and regular gambler, the above
from the New York Herald is not very
complimentary to the members of
Congress.
HUBBELL
and waut then cheap,
U" I"
IWV.tf.
HATS A CATS,
s. STICKLE**,
East Mmket Si.
Ai'ool « limed.
Wool either trashed
«r in lie- fleece, clear »| burs and lajj.-, is
wanted f»r Hie Bock Island Mauufartiiriiig
Company.
April, l*a. J AS. SLOAN &S0N8.
& CAPRON'S
- niniw i-owri with
•r>» t\ :*»«•! II...;, ,,i,y ,\|., ,-i
in ill.- ntarkct.
•it IIM-II WBIEKaL
$200.
Send l'»r illuMrat...l
Msnnfactann, Live Rock,
H:.-. . -Jl Canrlssnd attest.
Ill IIHK1.1.A CAPKON.
A negro baby, with ten lingers on
each hand has been born at Louisville.
Bad news for chickens.
Benjamin Tully, of New Albany, has
a little boy who resembles George
Washington, at the age. lie has a
hatchet.whacks away at all the cherry
trees, and tells a lie about it. The
other day, in default of a cherry tree,
he whacked off some lingers of the old
man. If he holds out faithful, he
may be the Father of his Country one
of these days.—IndianafMli* Journal.
A bill passed by the Californa Leg-islature
awarding damages to the pub-lishers
of a secession paper in Yidalin
has been vetoed by the Governor.
PEOPLE WILL TALK.
We may go through the world, bat 'twill be
very slow
Ifwe listen to all that Is said at we go,
We'll be worried and fretted, and kept in a
stew,
For meddlesome tongoes most have some-thing-
to do,
For People will talk.
If quiet and modest'twill then be presumed
That >■ uur hnmble position is only assumed;
You're a wolf in sheep's clothing or else you're
a fool,
But don't get excited; keep perfectly cool,
For People will Ulk.
If generous and noble they'll vent ont their
sploen,
You'll hear some load hints that yon'raselfish
and mean,
If upright and honest, and fair aa the day,
They'll call you a rogne in a aly, sneaking way,
For People will talk.
If threadbare your coat or old-fashioned your
dress,
Some one, of course, will take notice of this,
And bint rather close that yo« can't pay yoar
way;
But don't get excited whatever they say,
For People will Ulk.
Good friend, take my advice and do aa yon
please,
For your mind—ifyon have one—will then be
at ease:
Through life yon will meet with all sorts of
abuse,
But dou't think to stop them 'twill be of no
use,
For People will talk.
time ago was professedly, wonderfally
opposed to the State repudiating her
debt or any part thereof. Let all con-scientious
and honest men of all par
ties stand aa far from this diabolical
act of repudiation as possible. It is
beyond all controversy one of the most
shameful and disgraceful acts of tin ■
eailed for repudiation ever proposed
in this or any other country, and at
once flies the brand of disgrace and
infamy deep and indelibly upon the
brow of all who have, or shall vote for
carrying it into effect.
We hope the Treasurer of the Koad
will be at once enjoined, and that this
most ruinous and disgraceful proceed-ing
be at once put a stop to. It is
meet and proper that it should be done
and that the reckless plunderers in
the Legislature be defeated and stern-ly
rebuked by the law and courts of
justice.
REPUDIATION.
We see that the Legislature has
past a resolution ordering the Treas-urer
of the North Carolina Kail Koad
to pay into the Public Treasury a cer-tain
amount of dividends on the State
stock in order that the Treasurer may
lrave the means to pay the members
of the Legislature their per diem. We
sincerely hope the Rail Koad authori-ties
will do no such foolish aud suici-dal
act as the Radicals in the Legisla-ture
insists upon. If the Koad has
any funds on hand let the money be
applied in paying off the mortgage
debt of the road—or ex pended in pro-curing
iron to re-lay the road. This
is also actually necessary to be done to
keep up the road in good running or-der.
The fact is not generally known that
there has not been the usual amount
of new iron purchased and laid ou the
road annually by Mr. Smith as by his
predecessors, and this is one reason
why he shows a larger amount of nets
profits—or so great an increase of nett
earnings. If there is not more iron
purchased and laid down annually
hereafter, it will soon bo found that
the road will be in a bad condition, we
fear. Indeed accidents are becoming
fearfully common of late on the road,
aud that too of a serious character.—
Besides if the North Carolina Kail
Koad has any surplus funds ou hand,
every cent of it is due and pledged, as
was also the scrip dividend, aud all
other dividends accruing on the State
stock on the North Carolina Rail Road
to the holders of the State bonds issu-ed
to build the road, as the charter of
the Koad and the bonds themselves
will show. And this perverting of tha
income of the road to any other pur-pose,
when there has been no taxes
levied or collected to meet the interest
due on the bonds sold to construct the
same, is nothing more nor less than di-rect
out-and-out repudiation—wilful,
premeditated repudiation by the Rad-ical
party in the present Legislature.
No one who has any regard for the
truth can deny this for a moment.—
And yet Gov. Molden who pretends to
be uncompromisingly opposed to re-pudiation
favored the sale of the scrip
dividends of the North Carolina Rail
Road at sixty-five ceuts in the dollar,
and thus accumulate the debt of the
road and taxe to the amonnt of
many thousauds of dollars, and now
the Legislature, with his approbation,
no doubt, is clamoring for the funds of
the road that have lieeu solemnly
pledged, over and over again, to the
bond-holders. Of all the mauy out
rageou8 and villainous acts that have
been perpetrated by the present Leg-islature
this is decidedly the most
shameful and blasting to the credit of
the State. This gross aud palpable
act of fraud and direct and uncalled
for repudiation has not been brought
about for tbe want of funds or by the
fraud of untrustworthy and incompe-tent
officials, but by the Radicals
themselves dcliberntly passing an
act or resolution to transfer to their
own pocketstheftuu'.s appropriated by
a former legislature, to pay the inter-est
on the State debt. The prime
mover in this most infamous transac-tion
is a carpet-bagger by the name of
Seymour,fromNe wbern,wlio but asnort
From the Wilmington Journal.
TO WHOM IT MAY CONCERN.
Rev. L. S. Burkhead, of Salisbury,
N. C, formerly a presiding Elder in
the M. E. Church, complains, not that
I have misreprexented him, but that 1
have published in fall one of my own
letters in my published copy of our
"private correspondence," in reference
to a "public oral discussion" between
us. The public will doubtless be great-ly
shocked at my moral depravity
when they learn that the omitted " im-portent
part of >N> oic« letter" was a
brief paragraph, iu which I accepted
one of his additional rules, which re-quired
that our " services should begin
each day with devotional exercises."—
This omission occurred because it was
not in my original letter of that date
to him j and when I came to copy that
letter I made the additiou in the copy
which I mailed to him, and did not
consider it of sufficient imjinrtanre to
require the trouble of attaching it to
the original, and so when I found it
necessary to print our correspondence,
in order to prevent the false impression
with which Mr. B. was endeavoring to
imbue the public mind, that I had
'• backed down" from a fair debate, 1
omitted it beeause I had not the
precise words that 1 had written to
him. But remember, Mr. B. dare not
accuse me ol misriprextutiiHj his part of
the correspondence in any partienlar.
One other point. Mr. 15. in his first
letter to me says: " If we can agree
npon the points to be discussed, and
also upon the formal xlatemcnt of the
points, then 1 will accept your chal-lenge
aud meet you at Kenansville or
Magnolia at a proper time." In his
•' card" he gives the propositions I sub-mitted,
and says he "accepted" them
" substantially." Then we agreed on
the" points," aud also on their '•Juimal
statement." Mr. B. did not meet me,
as he said he would in case of such
agreement. Why was this f Simply
because I would not " accept" an ar-traordinary
requirement that he made.
1 proposed nothing unusual in such
discussion that he could use as a pre
text for flying off from a discussion,
after agreeing to meet me iu a case we
could agree on a •' formal statement"
of the points.
I inxixt that Mr. B. furnish the " im-portant
part" of my letter that I failed
to publish, if nothing else that he may
.secure for " his head and heart" the
" compliment" of a desire for the •• pro-motion
of the laws of truth alone.
I). B. CLAYTON.
Red Hill, >\ C, Jan. 2!l, 1S70.
N. B.—Papers that published Mr.
B.'s "Card" will please copy this, and
oblige. D. B. C.
Colonel Motby.—A correspondent of
the Washington Chronicle who accom-panied
Fayette Mc Mnllin's party to
Richmond writes as follows concerning
Colonel Mosby:
"At Warrentou the famous < 'olonol
John S. Mosby. of guerilla fame, came
on the train, bound also for Richmond,
and was speedily introdnced to the
members of our party. The ladies es-pecially
claimed him as their own, and
were not a little surprised to find him
a young-looking and slender man, of
most harmless appearance—the very
last man one would have picked nut of
a crowd as the type of a raider. He
was very frank and out-Spoten in his
conversation upon themes of general
interest, and neither encouraged nor
avoided allusion to his own career of
which he spoke, however, in a very nn-pietentions
way. Altogether, he made
an impression by no means iinfavm
able upon the whole party, particularly
npon the gentler portion of it, in whose
behalf he gave proof of his well-known
frallantry."
Fisk's beautiful financial figure,
'•>j"iie where the woodbine twineth,"
when divested of its rhetoric, means
"gone up the spout.
From the Baleigh Sentinel.
BEPOBT OF
Senators Bobbins and Murphy.
ON THE OOHTENTION BILL.
lb the Stnle of Aorta <Wi»a
The undersigned members of the Special
Committee, to whom was refcrred,the Senate
bill entitled ' An Act to provide for calling a
Convention of the people of North Carolina,"
wonld respectfolly recommend a favorable
consideration of said bill by t lie General As-sembly.
A notice ofsome of the reasons there-for
will not be deemed inappropriate.
The cirenmstancea nnder which our present
State Constitution was formed and adopted,
were snch that serions errors and imperfec-tions
were almost unavoidable. It was In a
time of change and revolution, of social and
political chaos, of conflicting interests and
opinions, and of general depression and de-moralisation.
Troablssmuu questions respect-ing
our Federal relations and tbe rights of
the races.—iinestions now settled,—then eon-vulaed
the public mind. Tbe situation was
peculiarly unfavorable to (ha exercise of that
sober wisdom so needful in framing a perma-nent
organic law for a great State.
Our changed social condition, as wall as the
requirements of Congress, made it obligatory
00 ua to alter and remodel some of our old
forms, admit new ideas, infuse a new spirit,
and somewhat modify our ancient customa
aud uaagi-s. This fact we all reeognixed; and
all would have been satisfactory, if the train-ers
of our new system had simply made such
changes in our old polity as were necessitated
by our social revolution and by the enact-menia
of Congress. Then the sturdy old North
Carolina character and individuality would
have been preserved; and being reinvigora-tod,
refreshed, and made alive, wo^ld have lie-gun
a noble developmi-nt under new auspices.
But the spirit of innovation carried our Con-stitution
makerH far beyond the necessities of
the time and the wishes and requirements of
the Federal authoritiea. Instead of pruuiug
off dead branches, and grafting fresh scions
011, they uprooted the tree and planted anoth-er
in its place. Instead of modifying our sys-tem
they destroyed it Slid imported a wholly
novel one. Our present system is not native
and indigenous; it is exotic. It is not the
product of the staid, sober, sterling North
Carolina mind; it is the invention of experi-menters
uot well acquainted with the genius
ofour people. Under it we ahall never dovel-op,
as we ought to do, into a graud, vigorous,
new North Carolina, but into an awkward
oariciilure and feeble imitation of other State
models. Our growth, like t hut of it trans-planted
tree, will be unhealthy, ungraceful
and unfruitful.
A very large portion of our citizens who
voted to ratify our present Constitution, did
uot approve many of its prominent features.
Itut v. i.w.i'i' iu a disagreeable aud anomalous
IMMitiou. A restoration of the State to the
Union, aud relief from the yoke of military
government, were ardently longed for. These
happy results were expected to follow a rati-fication
of the Constitution; so, shultiug (hair
eyes to its faults, stopping their eats to ob-jections,
and profrrriiiK «»y form of civil gov-ernment
to military, the majority voted to
ratify it, with the general cxjiectation ami in-tention
of haviug it amended soon. The nec-essity
of its aim-ndmi-nt is uow apparent lo a
very great mujority of the people without res-pect
to party or race. They desire a Consti-tution
more iu conformity with their circum-stances
and their true spirit and character.
The people of North Carolina have always
been distinguished for the simplicity of their
taates, their frugality and economy, Uieir
honesty anil integrity. Iheir scorn of empty
pretension, aud their sturdy independence.
They ought to have a system of internal gov-ernuieut
in accord with these characteristics;
and this ihey will have, if they anmunuitted
to come together anil make a government for
llieuisclvt's, tlii- true lyiie and embodiment of
their own genius, instead of having a govern-ment
iiiadr fortliem.
It is dm- our |>cople to declare, and Impor-tant
fbr our fellow-citizens of the whole Un-ion
to understand, that the desire to a ml
our Coii.-iitiitiou proceeds from noparposeor
design to nniiiil or abolish these of its features
which guarantee the inviolability of the Un-ion,
the equal rights ofthe races, or any of
the other legitimate results of the reoenl war.
as emuodied in the CongreNsional plan of re-construction.
All tlies,' arc regarded here as
settled questions. The purpose is only to
mske such amendments as will secure to the
State a system of internal administration that
will lie simpler, cheaper, more suitable to our
situation, and more efficient in promoting the
public Jieace, dispensing public justice, ami
advancing the material interests of the State.
The grandest mistake in our existing Con-stitution,
and that which, of itself, woulil war-rant
the call of a Convention to remedy it, is
the change it has made iu our Judicial sys-tem.
An efficient method for dealing out
cheap and impartial justice, is the very soul
of a g€»vernment. This we once had in North
Carolina. But that splendid temple in which
such men as Gastun and Kuffiu miuistersil as
high pric»ts, is in ruins. The people, remem-ber
and long for it again, like the captive
Tews longed for their mined sanctuary. Shall
it not be rebuilt I From all the laud comes
up the response, it shall!
Our present Judicial system is a servile copy
of that of Xcw York, a State less like onrs
thau almost any other in the Union. New-
York is densely populated. North Carolina
siiarscly. New York is full of large towns ami
cities, and her people are extensively engaged
in commercial ami innritime pnrsnits. North
Carolina is an agricultural State, with a rural
people. The Now York system was devised
:i[H.n a model deemed suitable to a dense,
commercial community : and yet it is well
known that it was adopted there through an
innovating freak of the Legislature of 1-4'-.
without consulting the people, who, if they
had understood its true character before i t was
fixed upon them, would probably have frown-ad
upon it. Many alterations have been found
needful in it there; still there is great dissat-isfaction
with it, and tbe dosire for its total
abolishment and a return to the old ways, is
becoming very general. This costly, cumlier-some,
inipraciicable'system, which New York
is seeking to east off, has been imported into
North Carolina, where it is ten-fold more un-suitable,
and where it is already regarded, by
nearly everybody, as little short of a public
nuisance.
The "Code of Civil Procedure" and kindred
inventions, which 'we have borrowed from
New York, inaugurate a complete revolution
iu the system of practice ami proceeding i 11
Courts.superseding the old common law meth-ods.
Instead ol improving the old system, as
has bee 11 so successfully done in Kngland SUMS
IPJ4, the New York innovators in l"in des-troyed
it entirely and introduced this novel-ty.
Some other Slates, and finally North Car-olina,
follow•«! the rash example. I'poo the
workings of this "Code" iu New York, an able
treatise w..s published two years ago, by W.
II. Greene, 01 Buffalo, to which inquirers ore
referred feral ill 1! -eri| 'ion of the enormous
• 'onfu-oii wiii li has resulted from it. Itwoiild
have been abolished there lung since but for
the fact thai the greal increase of fees and
cbargi undri it has interested so many offi-cials
in us perpetuation. This is a strong res
son why wo should abolish it at once.before it
becoDJea a 11 xr u 1 ■ here through its very evils
in opening up avenues to |s-culation aud ex-lortioo.
Opou this Important -.object oftte f..llr of
casting aside tin' common law. forms and sub-stituting
novel "Codes" Hae this, the Supreme
Court of the United State-, has often spoken
111 strong terms. It i« Inconvenient to make
extensive quotations from its report* : but
the Sonata will pardon an extract from the
opinion of that Court in the oaas of MeFanl
nt. Ramsey (90 Howard, SB.) a case coming
up from Iowa, a Stats which has a "Code"
very maeh like our how one. The Supremo
Court soys:
"The common law, which wisely commits
the decision of questions of law to a Court
supposed to be learned In the law, and the de-cision
of questions of fact to a Jury, neoessar-ily
requires that the controversy, before being
■ubmlttedto the tribunal having Jurisdiction
of It, should be reduced to one or more inte-gral
propositions oflaw or fact; hence It Is
necessary that the parties should frame their
allegations to support respectively the de-mand
or tbe defence, into certain writings
called pleadings. * • • The end proposed
Is to bring the matter of litigation to one or
more points, simple and unambiguonj. At
one time the excessive accuracy required, the
subtlety of distinctions, ■ ■ • and the
introduction of curubrons forms, * • " had
brought the system of special pleadings Into
disrepute • • • But in modern times it
has been trimmed of its excrescences, and the
pleadings in every form of common law ac-tion
have been reduced to simple, clear, 1111
ambiguous form.- " '. * This system, ma-tured
by the wisdom of ages, founded on prin-ciples
of truth and sound reason, has been
ruthlessly abolished iu many of our States,
who have rashly substituted In its place the
tuggettions of sciolists, who tiimti Corlet and sy#-
ttma ofplradiny to order. But this attempt to
abolish all species, and establish a single
Suns, is found to be beyond the power of
rislative omnipotence. They cauuot com-pel
the human mind not to distinguish be-tween
things that differ. The distinction be-tween
two forms of action for two different
wrongs, requiring different remedies, lies In
the nature of things ; it is absolulelr inse-
Jtaxable from the correct administration of
list ice in common law Courts.
"The result of these experiment) • • • has
been to destroy- the certainty and simplicity
of all pleadings, ami introduce 011 the record
an endless wrangle in writing, perplexing to
the Court,delaying and impeding the admin-istration
of justice. In the case of Kandoti
rf. Toby, (11 Howard. 517.) • • • a sim-ple
action on s piomissory note, tin, plesdings
of which, sccordtug to common law fonne,
would not have occupied a page, they were
extemled to over twenty pages, requiring a
two years' wrangle * " " before an issue
eonld be formed. " • * In the cose of
Bennett , ... llnlterw ol th. (II Howard, H67.)
• * • the Court was unable to discover
from the pleading - the nature of the action or
€ the remedy sought. It might, with equal
Srobnbility, be called an action of debt, or
elinue, or replevin, or trover, or trespass, or
till in chancery. The jury and the Court
below seemed to have laliored under the same
perplexily. as the rrrtliet was for $l.tjO(>, and
the judgment was for four ne-jrott. • • •
This Conrt bus endeavored to impress the
uiiuds of the Judges of the llistrict and Cir-cuit
Courts ofthe United States, with the im-propriety
of permitting these expertmental
"Coitea" of pleadiiiL' and practice to be iniv'ted
upon them. In the last mentioned case the
Chief Justice, in delivering the opinion of
this Court, says : The Constitution of the Uni-ted
Boates-has recognized the distinction be-tween
law ami e.piitv. and it mssf be observed
iu the Federal Courts.
'In the States where the Courts of the Uni-ted
States administer the common law, they
cannot adopt these SoOSl invention*. * '
We have made these remarks, in order that
the Itar anil Courts of the I'uiled Stales may
imike Iheir mejbrds conform to those views,
and not call upon us to construe new Codes,
lid hear special demurrers and pleadings,
which are not required to conform to any sys-tem
founded on reason and experience.''
These weighl> words front the Supreme Ju-diciary
of the Coinn are com mended to those
who vcveicm e profound wisdom and exjHjri-enee.
speaking in hanimny with the sanctions
Of the Federal.Constitution itself. Shall we
ill North Carolina listen to those words and
root 'out this "Code :'' or shall we still bo led
by the nose by one or two freshly imported
innovators far more remarkable for /.< ptfaasoiUj
and .telt^i. »rtioit than for stmssl .-...." or U'jui
letiriitioj T
The cost of litigation nnder this ■•Code" is
hugely increased. Formerly a ease in a Jus-tice's
jurisdiction cost fuftif cents; now r^v to
jin JotUm, or more. In the Superior Courts
it is Inorosssd in like, manner, roes are doub-led
and quadrupled in all directions. It is
impossible to give details. They are found
on c\er\ page of the "Code.'" Some sale has
been made about tin-abolishment .if the little
old.;'"" dollar fee ofattorneys. I and behold a
tt/t-rn dollar tee for attorneys is snugly insert-ed,
under another name,! Tin.1 people are en-titled
to Know such things, and they must.
The purpose, it is argued, of (he greal admit-ted,
iiicrca-c in costs is tti keep down litiga-tion.
This really means, that instead olgiaut-illg
the people cheap justice, we must frighten
tin-m away from lbs Courts by the fear of rain
through cstsaiid charges wantonly imposed.
Noble idea ' Worth] of "the sciolists who in-vent
cotlcs to order!" lint all experience
shows that litigation is greatly multiplied by
such "Cedes." A distinguished lawyer, onev
011 our Supreme bench. ]ioints to the telling
fact that all the decisions, upon msmsesasjsj
strictly, tendered by the Supreme Court of
North Carolina in the past seventy-live years,
would not till two volumes: while the sains
ohms of decisions In Vow York, it, the last
twenty years, would till lit'ty volumes. That
needs no comment.
Another groat error in our Judicial system,
not yet ful I \ realized here, but profoundly felt
in New York and recently ehangisl there, is
the short tie— of the official terms of the judges
ami no prohibition against their being re-elected.
A Judge for life, or B very long term,
is inspired by the dignity of his vocation, (he
glory of the .'tin inc. a ml the ambition to leave
after him an honorable fame as a pure, able,
aud leai lied Jurist. Thoas an* noble motives
and inliiieiiccs, and they have made our Judi-ciary
resplendent in the past. Bui elect your
judges for short terms, make thelil tl|. |.!:i
things of the popular bieath, and you drag
ihein down from the pinnacle where Justice
sils robeil in sternal sunshine, into the fog of
passion and prejudice, if not of corruption.—
You, iu a manner, compel them to be poli-ticians
and therefore partisans, and expose
them to evil influences without number.—
Some will stand lino and lie pure ; some will
become corrupt ; but nil will be ■anpsessd.—
Those who deaeri c public coulideuce, will often
fail to command it : for multitudes will sus-pect
others of ) lelding to temptations which
themselves would not resist. Ami popular
distrust of the- Jmlieinry is an evil only less
than corrupt Judiciary itself. Instances are
nut wanting iu North Carolina at this mo-ment
to prove this truth. Men forsaking Iho
Courts and taking the law into their own
hands : pri\ate and neighhorhoiKl feuds, out-rages,
anil violence, agitating this Assembly
aud disturbing 'he peace of the State; all
proceeding from the want of coiiliibiiee 111
some of our Judicial olhceis, ami Ihis |>crhaps
undeserved. The fuult is not so miich iu the
officers; it is iu the system, and the evil can
only be eradicated by amending our Consti-tution
aud returning to our old plan of ap-
|Miiutiiig Judge- f„r life. Perhaps very long
terms might do. with ineligibilin altei wsrds.
The expense of the present Judicial system
is much greater than thai of the old one.—
Then w.- hail eighl Superior, and three Su-preme,
Judges, and their salal les amounted
to ia£i.\i'l. The whole Department of the
Judiciary cost less than j.(ii,i««. a year. Now
we have twelve Superior* and li\e Supreme,
Judges, whoso salaries amount to 5iz,.".uti, al-though
1 he individual salaries of the .Supreme
Jlldgr* -laud HI the old lignle. and an- rela-tively
-nuilier than those of am other officers.
Hie i'ubUe lieaslller (*M h>|MMl Ol I e|,. S
I-To) estimates the whole) osl of this Llevars-ineiit
for Iho current Usual year at *:A.if*>'—
Here 11 ....li.5 liep.i 11... Hi is aa mcrsasj
-I tstt.uuu, ur mole, over the former expense.
How many children would tins educate who
will die in igiiotaiiee lot tin want of it f
But it in said I in- additional Judges aro
needed because tin County Courts are no
more. But the Count. Courts cost little lor
salaries or lees of oinccrs. They dealt out
siibstautisl justice in a plain and simple way.
The) educated the people 111 the most com-mon
and piaetieal paltsof the adiiiimstrstiou
ol the law, and gave nv«n illiterate iiien much
useful knowledge of legal forms and proceed-ings.
They wore emphatically the people's
courts, .net the people waul 1 hem bask again.
\\ .th wane .slight iaapsoveineiits, no more ass-ful
tribunals evei existed it. an] countrv.
Among tlhnr nnanlhi none, they const it .III..-
cheapcot ami most honest system of couuly
1