Newspaper Page Text
1RKIAGE AND CELIBACY, an Es-
h v of Warning and Instruction for Young Men.
. iso, Diseases and Abuses which prostrate the
a lal' powers, with sure means of relief. Sent
1 -c of ciar"e in Bealed letter euvclopes.
Address Dr. J. SKILLIN IIOUGHTON,"
Howard Association, Fiiilade plria, Pa.
may V1SM. nL-
TheCnre is ThoiouSh'. Kenneth Haynes,
1 sq., Clerk of Columbus County Court, writes,
( Vpril2, 1863:) "During the latter part of the
? .sir 1S03, I was severely afflicted with diseased
1 ver, and many nights while in liL-d the pa n would
: ..-come so excruciating that I wa compelled to
ct out of the bed and sit up until the pain would
ubside. " I procured a few boxes of the Southern
.Iefatic Pills, and the first dose J look uve me
real relief. I continued to use the Pills lor two
weeks, and have not sujcredf.-orh liver disease since.
i have recommended them accordingly, and sev
eral persons are in want of them."
For sale by the Druggists. Directions
accompanying each box. Sent to any part of the
United States for $3 a dozen. Addres s
GEO. W. DEEMS,
Mayl-lm. Baltimore, Hd.
Brick Machiue.-The National Brick Ma
chine a Clay Temperiso Machine, and makes,
with only two horse power, 30,090 Splendid
Bricks per day, with well defined edges and uni
form lengths. If the Machine does not perform
what we eUum for it, we will take it back and
refund the money. Address
i ABRAM EEQUA, Gen. Agent,
april 5-S-lm. IgOBroadiyY
lTht Itch! Scratch!! Scratch !!
Wheaton's Ointment will cure the Itch in orty
eiht hours. Also cures Salt Rheum, Ulcer
Chilblains, and all eruptions of the Skin. Price
50cts. For sale by aU Drafts
By sending 00 cents to EA & TTL ,
Sole A-euts, 170 Washington street, Loato.i,
Mass.fit will be forwarded by mail, free of po3t
aste to any part of the United States.
a,c, 10 u jr v p PESCUD, Agent,
. jeptjl-ly nulclsb.
"atchclorHaTrlne I-TUo Original and
Best in the World! The only true and perfect
Hair Dye. Harmless, Reliable and Instantaneous.
Ounces immediately a splendid Black or natu
ral Brown, without Injuring the hair ox SKm.
Remedies the ill elfeets of bad dyes So hi b ..U
Druggists. The genuine is signed Villiain A.
Regenerating Extract of 31 illefleurs,
for Restoring and beautifying the Ham
CHARLES DA i CHtXOIt,
, Xew York,
ang la ly
"rnipTlIair Dye 50 Cent-.-Blac.-k or
Brown. Instantaneous, beautiful, daraUc,
V.ablc The best and cheapest m use. D -.t
No 00 JohnStreet,XewY1(rl, Sold byallDmg.
Patent Medicine, Perfumery and 1-aucy Goo,,
March 13, ISO). ly.
ladies' treasure and gentlemen s boon Tm,
"sweetest thing" and largest quantity. Manu
factured from the rich Southern Magnolia L vd
for bathing the face and person, to reader t.ie Aiu
soft and fresh, to prevent eruptions, to perfume
CTorcomes the unpleasant odor of perspi-
It removes redness, tan, blotches, ic.
It cools, softens and adds delicacy to the skm,
It yields a subdued and lasting penume,
It cures musquito bites and stings of insects.
It contains no material injurious to the skin.
Patronized by Actresses and Opera Singers. It
is what even- lady should have. Sold everywhere.
Try tli" Maguoha Water once and you will use no
other Cologne, Perfumery, or Toilet Water af
terwards. DEMAS BARNES & CO.,
nov 23 5m Props. Exclusive Agents, N. Y.
S T 1SG0 X. Brake's Plantation
Bitters.-They purify, strengthen and invig
orate, They create a healthy appetite,
They are an antitode to change of water and
dThey overcome effects of dissipation and late
They strengthen the system and enliven Uc
They prevent miasmatic and intermittent levers,
They purify the hreath -.md acidity of the
They cure Dyspepsia and Const ipation,
They cure Diarrhea, Cholera and Cholera
They cure Liver Complaint and ZServous Head
ache. They arc the best Bitters in the world. Tucy
make the weak strong, and are exhausted nature's
great restorer. They are made of pure St. Croix
Rum, th celebrated Calisaya Bark, roots and
herbs, aci are taken with the pleasure of a bever
age, without regard to age or time of day. Par
ticularly recommended to delicate persons rcquir
nc a gentle stimulant. Soid by all Grocers,
Druggists, Hotels and Saloons. Only genuine
when Cork is covered by our private U. S. Stamp.
Beware of counterfeits and refilled bottles.
1'. ii. jrVil-XVJii iv yj.j
21 Park Row, ew York.
nov 23 Cm
Dry Goods, Insurance, &c.
The Greatest Curiosity of the Age !
A I.IVE MAN AT HILLSPOUO'I
ON TnE FIRST APRIL WE WILL OPEN,
at Hillsboro', N. C, the 1 ecst and linest
Ladies' and Mens' Wear
ever offered to the country trade.
Having the best custom in the State, we can
afford to sell at prices below City retail trade.
Give us a call.
Write for samples, enclosing stamp.
To Students and School Girls at a distance we
will sell at the sa prices as to onr home cus
tomers. JROWN, PARKS & CO.
March 23, 1836 3 tt
L1FF AND FIRE INSURANCE AGENCY,
RALEIGH, N. C.
P. F. PESCUD, Agent,
IS PREPARED TO ISSUE
POLICIES OF INSURANCE
IN the following Companies, whose combined
Capital and Assets amounts to $2,000,000,
viz : .
Phoenix Fire Ins. Co., Hartford, Conn.
Atlantic Fire Ins. Co., Brooklyn, N. Y.
Valley of Virginia, Winchester, Virginia.
The above Companies are well known as first
class Companies, and pay their losses promptly.
He also represents the -'' ;'
BBOOKXYN LIFE INS. COMPANY,
of Brooklyn, New York, which is one of .the most
Sopnlar and reliable Companies in the United
tatea, and on their business for the past year
have declared a cash dividend of Forty per cent,
to be divided among all whose policies were issu
ed -ithin the past 12 months, ou the Pabticifa
Persons insuring in this Company can pay half
i AtinlF nntf navahlR nnfl rpnrvralj mrnni
vear semi-annually, or quarterly as preferred.
They insure on the non-forfeiture plan, so that
the insured loose nothing if they are unable to
renew their policies af ter three or more years.
For particulars apply to
P. F. PESCUD.
Rnle-urh, N. C, March 9, 1C6.
' Miscellaneous . Advertisements. ; ";
DTORAGE, STORAGE, STORAGE."
WE ARE NOW PREPARED TO STORE IN
our large brick Warehouse, Cotton, Tobacco,
Hay, Corn, Flour, and all kinds ol Merchandize
in Packages. r p WILLIAMSON & CO.
march 20 1 tC
Farriss & Lack's
CLOTHS, CASSIMERES, SILK, CASSIMERE,
ETery Description of Hats, if., &f.
Which the public are envited to examine, at
No. 48 Fayetteville Street,
QOLD ! GOLD ! IS DECLINING,
But all kinds of the best Writing Paper and
Envelopes, Illustrated papers, Fashion Books,
Fancy Articles, and Newspapers, thr'o from New
York in thirty-six hours, can always be found at
West's Stationery Store,
Next door to the National Bank. "Small profits
and quick sales," is our motto.
February 10, 180(1 tf
Grocer and Commission Merchant, for all kinds
of Produce and other Goods.
Special attention given to the sale of Flour,
Bacon and Lard.
Consignments solicited, at Old Stand 4th door
North side Hargett street, Raleigh, N. C.
aug 11 tf 8 '
LYClKSrS BEE K. LEY,
53 Miin Street, UmJer Johnson's Hall,
WHOLESALE AND RETAIL DEALER IN
Foreign and Domestic Dry Goods,
Wholeslie Rooms vp Stairs.
Also Agent for Grover fc Baker's Sewing Ma
oct 1:3 fimlO
rpo OUR FRIENDS.
We still continue to sell books and stationery
and all other goods in our line. Wc cannot sell
at cost. If we do so, we shall be unable to buy
ot cr iroods. We have been trading in our line
lor several years. Our friends have always pat
ronized us largelv, for which we are thankful. We
have always tried to make a fii7 profit ou our
goods, and at the same time to give general saiis
laction to our customers. We intend still to fol
low the same rule, which wc think fair and hon
orable. Such books as we do not have on hand,
we will order for our friends. Among our late
arrivals, we have Methodist Hymn Books, Epis
copal Prayer Books, Chidren's llllustiated Books
in great variety, Photographs of Southern Gen
erals, and Photograph Albums. We have also a
rreat variety of common and tine Bibh-s and Tes
taim'ufs; also a large variety of Sheet Music. We
try to keep all School Books wanted by teachers,
to whom we sell at a liberal discount. Call and
see our stock before buying elsewhere. We are
prepared to do the best Book-Binding in the neat
est style at short notice. We want to trade with
our friends.yb- yearx to eonie ; hence v. e will sell as
cheap as we can well under the circumstances.
No. -10, Favctteville St.
ian 5 tf. "Raleigh, N. C.
J" CAROLINA FAMILY FLOUR.
ISO Barrels North-Carolina Flour, in store and
for sale by
B. P. WILLIAMSON & CO.
Merch 9, 1S06. tf.
y ATHROP, LUDINGTON & Co.,
330 Broadway, New York,
Offer to Southern and Western Jobbers and Re
tailers, at the lowest market prices,
A VEIiY LAP.CE AND ATTRACTIVE STOCK OP
CLOTHS, NOTIONS, HOSIEUV, WHITE GOODS, 4C.
Metropolitan Insurance Company,
. 108 &' 110 Broadway, IT. Y.
A FIRST CLASS COMPANY.
Cash Capital $l,OOO,00O,
SURPLUS OVER 8400,000.
Office in Bank of Cape Fear, Raleigh.
R. II. BATTLE,
march 31 G s4w.
DcCartcret aud Armstrong's ". f. Book Biadtrj
OVEli THE X. C. BOOKSTORE, RAI.EICH, K. C.
HAVING ADDED AN ENTIRELY NEW
set of inachiuey, we are prepared to execute
all kinds of Bookbinding with neatness and de
spatch. Blank Book Department.
Having on hand a large stock of tine paper, wt
are prepared to fill orders for all kinds of Blank
Books, from the smallest memorandum to the
largest Bank Ledger, at short notice.
Wc are prepared to execute all kinds of Ruling
in n manner that cannot be surpassed.
Our facilities warrant us in saying that we can
execute work as cheaply as any establishment ol
the kind in the United States.
We also have for sale, at publisher's prices, the
National Series of School Books.
Orders from teachers and country merchants
will meet with prompt attention.
novo 172 tf.
-yymrs i whips ! whips i
50 Dozen Wagon Whips, for sale by
B. P. WILLIAMSON & CO.
March 0, 1800. tf.
E. A, WHITAKER, Agent.
MORGAN A5D MeDOWELL STREETS.
rpAKE NOTICE ! HAVING FITTED UP
JL the large and commodious shop, formerly
occupied by James Bashford, Esq., as a coach
shop, for a Grocery store, and having received a
large and well selected stock of Groceries, Wines,
Liquors, Confectioneries, &c., I can sell as rea
sonable as any parties in the city. Why ? Be
cause I do not pay the high rents some are pay
ing. Thankful for the liberal patronage bestowed on
me for the last eight years, I solicit a continu
ance. I will eudcavor to please all in price and
Having a clerk to attend market regularly, I
will attend to the purchase of Fresh Meats,
Poultry, &c, for any one wishing it.
Give me a call, if you please, us timey are dull
and money scarce.
E. A. WHITAKER, Agent.
Raleigb, Feh. 15, I860. tf.
OYS' AND MISSES
Hats and Shoes, a large assortment. Call and
examine our Stock. It will pay you, as wc have
bought goods very low and will sell them cheap.
W. U. & R. S. TUCKER.
march 295 tf.
We keep constantly on hand Iron Cauldrons
75, 120, and 200 gallons. '
MITCHELL & ALLEN,
noFl4 tf8 Newbern, N. C.
(FOHMEIUr OF ROWLAND BROS,)
CONSTANTLY on hand a good supply of Col
fee, Sugar, Molasses and other goods usually kept
in a Wkolcsale Grocery. .,
Agent for the sale of Perorjan Guano, warrant
ed p lire as imported.
Price, $100 per ton. Cash before delivery.
febS 3m "
ry Goods Groceries, Liqnorsi &c.
t. o . w s ON,
; HOUSE, SIGN AND ,' .-
Airo ' . : " ' ''
IITATOR OF EVERT VARIETY OF MAR
BLE AND WOOD.
ilding on Glass and Wood, and Japan
Tin office Signs,
EXECUTED TO ORDER, WITH JfEATNESS AND
THANKFUL TO MY FRIENDS FOR THE
L very liberal patronage I have received, hope
.- unremitting exertions to merit a continuance
the same. ,
Shop opposite S. E. corner of Capital
HOWELL & BROTHERS,
MANUPACTCKEE3 IMPORTERS OF
.'.ipe 1 XX IT-
WINDOW SHADES, HOLLANDS, &C.
No. 2GO Baltimore Street,
march 27 4 6ra.
"yT" ANTED I
A TEACHER WELL QUALIFIED to ASSIST
! primary instruction, in the Washington Public
' .Uool in Baptist Grove.
Apply IMMEDIATELY to
Rev. FISK P. BREWER,
Newbern st., opposite Episcopal Church,
april 10, 1300 10-tf.
pRIVATE BOARDING HOUSE.
SEVERAL MORE BOARDERS CAN OBTAIN
od accommodations at my private residence,
out one hundred yards east of the N. C. Depot.
. rice moderate.
Transient custom also solicited.
J. T. HIGH.
ines, Liquors, Cigars and Tobacco,
Old Monongahcla Whiskey, Bourbon Whiskey
Pure Hollaud Gin, Pure French Brandy.
Madeira Wine, Port Wine, Sherry Wine.
Perfect Love Cordial, and last but not least,
Dr. Scott's Bitters,
All for sale at
E .A WIIITAK'ERS.
NOTICE ! ! !
ADAM KEIM HOLDS MY NOTES FOR
ve hundred and twenty-eight dollars. The said
I oies nave ncen piuuu, i-..juil irtt-ui-iiin uwi-
.rs. Persons are warned not to trade for them.
' april :! 10-Otpd. HENRY KEIM.
& GASTON R. R. CO., )
Kai.eigh,-N. C., April l'J, lbub. )
TRAINS RUN AS FOLLOWS:
assenger Trains Leave Ruh-igii 4-30 A. M.
Arrive at Weldon ..11.00 "
" " Leave Weldon l. P. M.
" " Arrive at Raleigh .. 8.30 "
':-tig!it and Accommodation Trains Leave Raleigh
oii'Mondays, Wednesdays aud Fridays, at
7.30 A. M.
Arrive at Weldon, 5. (XI P. M.
.eave Weldon on Tuesdays, Thursdays and Satur
days at 5.00 A. M.
Arrive at Raleigh 4.00 P. M
10 tf. 6V7. Stipt.
T ARGE SAL J
a' Government Property !
WILL BE SOLD, AT NEWBERN. NORT1I
C'arolii'a, a large am 'unt of Ordnance and Ord
nance Stores. Sale to commence on the loth day
of May, lStHi, nt 10 o'clock, a. in., and continue
daily until ail the property, the principal classes
ol which are u'ivni below, is sold:
Iron and B.as Guns, Gun Carriaires, Harness,
Saddles, Mailers, lirinles, Blankets, Wheels, Old
lion. Lead, Smith', Armorer's mid Saddlers' Tools,
Old Leather, Sling Carters, Gins complete, Infan
try Equipments, Implements for Field aud Siege
Giius, aud other articles too numerous to men
tion. Correct li-:ls of articles to be sold will be furn
ihed upon application to this Ollice.
By ordc- of Brevt-Major General A. B. Dyer,
Chief of Ordnance, Washington, 1). C.
Brev't Capt. Old. Dept. U. S. A.
Ordnance Ollice, Newbeni, april lit 14-lmZ4.
Gaiters. S'noes. nosierv and Gloves. fcc. Ac.
W. J I. e'e R. S. TUCKER
march 29 5 tf.
Fine Soft French Hats and Dress Hats, fine
Shoes, Gaiters, fcc, &c.
.W. H. & R. S. TUCKER.
march 23 5 tf.
Basques, Saoues, Parasols, Fans, tc, &c.
Beautiful stock. W. II. & R. S. TUCKER,
march 21) 5 If.
rpwo OF THE GREATEST BLESS.
X INGS are HEALTH AND PEACE. To
preserve the first keep vour body comfortable.
and to enjoy the last keep your wives and daugh
ters well supplied with pocket change, and let
them spend it at
No. I, Fayettcville Street,
N. C. BOOK-STOUE BUILDING,
Where has just been opened a nice, well
selected and cheap stock of
Dry and Fancy Goods,
to an inspection of which the public is respect
M:ireh 'll. ISOC. 2 2n
Lbs. Blue Stone,
For sale at
E. A. WHITAKER'S.
Xt TJ r T TJ I 13
These instruments are entirely new, both in
Principle and Action, from all others Light
Clean and Easy no pressure on the back In
ward and Upward Motion Cures the most obsti
nate cases of Rupture. Pamphlets free. Sold at
wholesale and retail.
White's Patent Lever Truss Company,
No. 600 Broadway', New York.
April 17, 1806 (im.
EW GOODS X
BOUGHT SINCE THE DECLINE.
There is not a more desirable stock of
NEW SPRIXG AXD SF3IMER GOODS,
? comprising a general assortment, than those -we
nave just purchased in the .Northern Cities, and
now offer to our customers and the public. None
can undersell ns and live by selling goods.
It is gratifying to know that our taste and judg
ment, in selecting goods, are appreciated, as
shown not only by expression, that our goods are
not surpassed in style and beauty, but by the way
we sell them.
We would call attention to our
Sugars, Coffees, Tea, &c.
Try our TEA it is good.
L. E. HEART,
Raleigh, April 10, 1866 10-2w. Agent. -
For sale at
E. A. WITITAKER'S
Of AD Kinds, en . be Exeeated with . Keatness
-'AtA Dispatch at the'-'l-'j ':
Standard. Ollice, .
.-V ; (On Hargett Street.) -
TTAVING ALL THE FACILITIES, AND A
superior r oreman, wno is wen uenuumwru
with the best styles of Northern printing, and an
entire New Stock of material, Paper, Inks and
Presses, we are prepared to do the
Best and Cheapest Printing in the State.
ROOKS PRINTED AND ROUND.
We are also prepared to contract fo- this kind
of work, having laid in a new assortment of Book
Type, and made necessary arrangements to secure
One or more papers or periodicals can also be
printed in the Standard office. Publishers who
design issuing new papers or periodicals, either
of a literary, rural or scientific character, can have
such papers or periodicals printed in our ofllee,
vithont making a large outlay of capital in pur-
-hasing presses, type, inks and other material.
Being determined fo do p-inting of kinds in
the very best manner, we will guarantee satisfac
tion. E5? Terms Cash.
RALEIGH, 3V. O.
MAY 1, 1SGC.
The last Greensboro' Tatriot says:
" Mr. Dick signed the ordinanceofsecession,
and voted against submitting that ordinance
to a vote of the weople, while his colleagues
Ui liner and Uorrell voted iorii.
On the first (lav of the Convention,
May 20th, Air. Dick moved the follow
ing as an amendment to Mr. Badger's
" And this ordinance to be of full force
and effect when ratified by the legal voters of
this State, at an election hereafter to beheld,
the day and manner of holding said election
to lie fixed and provided for by this Conven
tion." Mr. Badger's ordinance having been
voted down, Mr. U'wli withdrew the
above, bnt gave notice that he wonid
insist on a test vote on the first oppor
t unity. Accordingly, on the same day,
he moved the above as an amendment
to Mr. Meares' ordinance ratifying the
Constitution of the Provisional govern
ment of the Confederate States of Amer
ica. The amendment was rejected,
yeas 34, nays 73 ; Mr. Dick voting in
Again, on the Cth of June, Mr. Diek
oMl red the same amendment to the per
manent Constitution of the Confeder
ate States, and it was rejected by the
following vote :
Yen. Messrs. Allison. AmifieldBattle of
Wake, Berry, Bond, Calloway, Cannon,
Christian, Council, Davidson, Dick, Douthit,
Eller, Ellison, Ferebee. Gilmer, Gorrell, Gra
ham, llenuen, lloklea, Jones of Caldwell,
Kiltivll. Long, Mann, Manning, Mrrritt,
Mitchell, Sanders, Smith of Johnston, Smith
of Macon, Speed. Sprouse, Spruill of Boitie.
Spruill of Tyrrell, Thomas of Carteret, "Wal
ton. Warren and Wilson 38.
Xitys. Mr. President. Messrs. Arrington.
Ashe, Badger, Barnes, Batchelor, Battle of
Edgecombe, Biggs, Brndnnx, Brown, Bunt
ing, Carson, Craigc, Cnnin-ham, Harden,
Dil'.ard, Durham, Foster of Ashe, Fuller,
! Green, Greenlee, Grimes, Hamlin, Hargrove,
Ilearne, Ilenkel, llieks. Holmes, Houston ot
Duplin, Houston of Union, Howard, Johnson
of Csston. Johnson of Mecklenburg, Jones of
Iiowan. Lander, Leake of Anson, Leake ol
Bichmond. McDowell of Bladen, McDowell
of Burke. McDowell of Madison. McNeill of
Cumberland. McNeill of Harnett, Meares,
Mebane, Miller, Moody, Moscly, Myers, Os
borne. Penland, Pettigrew, Phifer, Bayner,
Reid, Rhodes, TloysteK ltuftin. Satterthwaite,
Shaw, Shipp, Smith of Halifax, Southcrland,
Stewart. Strong. Thomas of Jackson, Thomp
son, Thornton, Tracy, Turner, Venable, War I,
"Washington, Yhittord, "Williams, YVoodfln
and AVooten To.
The Patriot will see that it has done
Mr. Dick injustice. "We take it for gran
ted that that journal will set Mr. Dick
ritrht from the record.
Mr. IT. 35. Kingsbury, of Oxford, has
been appointed at large by the President
a Cadet at "West Point. There are but
ten appointments yearly for the whole
country, and the selection of Mr. Kings
bury with so many hundreds of appli
cants, shows the President's regard for
our State, and affords flattering proof
of the merits of this young gentleman.
The committee on internal revenue in
Congress has decided to reduce the tax
on smoking tobacco from thirty-five to
twenty-five cents per pound, and on
smoking, made exclusively from stems,
to fifteen cents.
"Weh ael he pleasure of laying before
our readers to-day the very able opinion
of Judge Fowle in the matter of John
"We copy from the last Sentinel the
following important dispatch from the
President to Gov. "Worth, explanatory
of a part of the recent proclamation :
Washington, D. C, April 27, 18G6.
To Gov. Wobth : I am directed by the
President to inform you that by his procla
mation of April 2, 1866, it -was not intended
to interfere with military Cemtnissions at
that time, or previously, organized, or trials
then pending before such Commissions, un
less by special instructions the accused were
to be turned over to civil authority.
Gen. Ruger has been instructed to proceed
with the trial to which, you refer, but before
the execution oi any sentence rendered by
said Commission, to report all proceedings
to the "War Department for examination and
revision. - -'
There has been an order this day prepared,
and will soon be issued, which will relieve
and settle all embarrassment growing out of
a misconstruction of the proclamation, of
which I will send you a copy.
feting Private Secretary.
"We publish "on our outside to-day,
for general information, the law passed
by the late Legislature in relation to the
Banks. . '
i. -TJoeommitteeB , reconstruefioai9
expected vto "report soon. . Our, readers
wUl find, under, oar news head the out- ,
line of the policy - said ' to have been
agreed upon by :the New .York delega
tion. This policy, compared with what
may be" expected from a majority of the
committee, is thought by many to be
quite liberal and conservative."
SUPERIOR COURT OF LAW,
' WAKE COtTXTY.
Bis Honor Daniel G. Fowle, Presiding.
IN THE MATTEIt OF JOHN H. GEE.
Satuuday, April 28, 18G6.
Tbe prisoner was represented by hfs
counsel D. P. Holland, of Florida, and
John Wilder, of Boston, Mass.
Upon the opening of Court Judge Fowle
delivered the following' opinion :
On the tenth inst., John H. Gee, a citizen
of the State of Florida, tiled a petition before
me, alleging that he was imprisoned and.
held in close confinement in the city o
Raleigh, by Brevet Major General Thomas II.
Ruger, U. S. A., commanding the Depart
ment of North-Carolina, and that, by his or
der, a military Commission had been con
vened and organized in said city for the
trial of said petitioner, under the following
charges and specifications, to wit :
Charge 1st. Violation of the laws and cus
toms of war.
Specification. Cruelty and inhumanity to
prisoners of war, taken and held as such
from the armies of the United States, by the
rebel government, or the military authority
thereof, at Salisbury, in the State of North
Carolina, in a prison which was under tho
command and charge of Jchn II. Gee, who
was, or claimed to be, a Major in the rebel
Charge 2nd, Murder in violation of the
laws of war.
specifications. The felonious killing of
prisoners ot war committed to liis custody,
The offences are alleged to have been com
mitted during the late rebellion, to wit : in
the months of October, November and De
The petition further sets forth the procla
mation of His Excellency Andrew Johnson,
President of tbe United States, and claims
that by virtue of said proclamation of April
2d, 1SG6, he is entitled to be discharged
from the custody of the military authorities
of the United States Government, and prays
that the writ of Jmeas corpus be issued, &c,
so that the cause of his capture and deten
tion may be inquired into, &c.
On the 18th inst., the writ was issued, re
turnable on the 14th. at which time Brevet
Major General Ruger made return that the
said John II. Gee was detained by him " as
a prisoner under the authority of the Presi
dent of the United States."
The 1-odv of the petitioner not beinjr pro
duced, his counsel moved for an attachment
to issue against Brevet Major General Ruger,
on account of bis non compliance with the
mandate of the writ, ambthc insulliciency of
ins return t Hereto.
The Court adjourned the consideration of
the motion to the 2.Sth inst., to-day.
So far as the present inquiry is concerned.
the guilt or innocence of the petitioner is n t
at issue. The question is, in regard to the
sufficiency of the return made to the writ by
Gen. Ruger, and that depends upon whether:
1st. the military commission has -juris
diction of the alleged offences.
2d. Have the civil courts the right to is
sue the writ of haliens corpus.
Military Courts have been sanctioned, dur
ing time of war, upon the ground that the
order, discipline and safety of an army in
the field rendered such jurisdiction absolutely
necessary. Thus, during the war with Mex
ico, military commissions were convened
and organized under the command of Gen.
Scott. They were never regarded as Courts
established under the authority of the Con
stitution of the United States, but as mere
agents of the military authorities, and sub
ject at all times to the control of the com
The question which we have to consider,
is not whether, during time of war, the crea
tion of such commissions is a legitimate ex
ercise of military power, luit. whether, after
the restoration of peace, and the Proclama
tion of the President of the United States,
declaring that the insurrection, so far as
North-Carolina is concerned, is at an end
and is henceforth to be so regarded, a tribu
nal thus organized can continue in the exer
cise of a jurisdiction, assumed during time of
It will not do to say, that if the military
commission was organized durin-r the exist
ence of tbe rebellion, that the jurisdiction
having attached, the proclamation does not
operate to suspend a trial already commenc
ed; for, it is well settled by the decisions of
the Supreme Court of the United States, that
if a law be repealed upon which the juris
diction depends, before judgment, the Court
can go no further with the case, 5. Cranch,
281, 0. Ibid. 203-329 but it must be shown
that it is a jurisdiction, which can be exer
cised, not only during time of war, upon
which question the Court does not wish to
be considered as expressing an opinion, as it
is not necessary for the decision of this case,
but also in time of peace.
Whence is any such jurisdiction derived ?
Not from the common law, for, in 1st.
Blackstone's Com., page 413, it is said, that
" martial law, which is built upon no settled
principles, but is entirely arbitrary in its de
cisions, is, as Sir Mathew Hale observes, in
truth and reality no law, but something in
dulged, rather than allowed, as a law. The
necessity of order and discipline in an army
is the only thing which can give it counte
nance, and therefore it ought not to be per
mitted in time of peace, when the King's
Courts are open for all persons to reseivc
justice according to the laws of the land.
" n(i it is laid down, (by Lord
Coke in 3. Inst. 52) that if a lieutenant or
other that hath commission of martial au
thority, doth in time of peace hang or oth
erwise execute a man by color of martial
law, this is murder, for it is against Magna
The President has declared, in his procla
mation, that in North-Carolina " the laws
can be sustained and enforced by the proper
civil authorities. State and Federal." In
other words, "the Courts are open for all
persons to receive justice according to the
laws of the land," and this of itself consti
tutes in judgment of law a time of peace, as
will be hereafter shown in the Earl of Lan
A considerable portion of the history of
England consists of a record of the struggles
of our ancestors to prevent the King from
the exercise of such powers as are claimed
for the purpose of sustaining military com
missions. Magna Charta was the result of
the first great victory over military domina
tion, but the struggle terminated not until
it was entirely settled that military commis
sions for the trial of civilians for any offence
were entirely illegal.
Sir Mathew Hale, in his history of the
common law, says at page 34 : " Touching
the business of martial law these things are
to be observed, viz : " -
. First. That in truth and reality, &c. (As
quoted in Blackstone, supra.)
Secondly. This indulged law was only to
extend to members of the army, or to those
of the oDTH8ed army, and never was so much
indulged as intended to be executed or ex
ercised upon others who were not listed un
der the army, had no color or reason to be
bound bv military constitutions applicable
only to . the army, whereof they were not
part3 but they were to be ordered and gov
erned according to the laws to which they
were, subject, th'&ugh it.werea iime ofwar,
Thirdly. That the exercise of martial la wf
whereby any person shall lose nis lire or
member, -lire,rty, may not be permitted in
time of peace.'' . t-,;? r ' "5
? Lord Lougutjrough? in the ease of Grant
vs.- Sir Chas, Gould, 2.-'H,- Black. 69, says:
"Martial .law, such as is described by Hale,
and snch also as it is marked by Mr. Justice
Blackstone, docs not exist at all in England."
In the Earl of Lancaster's case, npon pe
tition of error iifthe first Paliament of Ed
ward 3rd., it was declared,
1st. That in time of peace, no man ought
to be adjudicated to death for .treason, or
any other offence, without being arraigned
and held to answer.
2nd. That regularly when the King's
Courts are open it is a time of peace in judg
ment of law.
3rd. That no man ought to be sentenced
to death by the record of the King, without
his legal trial per pares.
Neither is any such authority bestowed by
the constitution of the United States, but,
on the contrary, if it had been the intention
of the franiers of that, instrument to nega
tive any such construction, words more ap
posite could not have been used.
Art. 5th. of the amendments to the Con
stitution declares, that, "No person shall be
held to answer for a capital or otherwise in
famous crime, unless on a presentment or in
dictment of a grand jury, except in cases
arising in the land of naval forces, or in the
militia in actual service in time of war or
public danger, nor shall any person
be deprived of life, liberty, or property,
without due process of law."
It is not contended that the petitioner was
ever in either the land or naval service of the
United States. If he was in either service,
then a court-martial would have had juris
diction, but this court, recognized and limi
ted by the Constitution to the trial of those
in the military or naval service, is very dif
ferent, as we have shown, from a military
commission, which assumes to try civilians.
But it is said, that the jurisdiction was
conferred under the act of Congress, ratified
March 3d, 1863, and the proclamations of
the President, declaring that the privilege of
the writ of Jmbeas corpus was suspended. If
this were bo, still, as the suspension of the
privileges of the writ of habeas corpus was to
continue M throughout the duration of the
present rebellion," see proclamation 15th Sep
tember. 1863, as the rebellion "is at an end
and is henceforth to be so regarded," such
jurisdiction is now gone.
But did any such jurisdiction accrue if 1 nc
only right of which thc"suspension of the
privilege of the writ of habeas corpus de
prives a citizen, is that of being admitted to
bail, where the offence is bailable, and he is
still entitled under article 6 of the amend
ments to the Constitution " to a speedy and
public trial by an impartial jury of the
State and district wherein the crime shall
have been committed."
Durini the existence of the rebellion, the
presiding officer of this Court introduced
into the House of Commons of the General
Assembly of North-Carolina, of which body
he was a member, a series of resolutions re
lating to the suspension of the privilege of
the writ of habeas corpus, among which were
the following :
Resolved, That the privilege of the writ of
habeas corpus extends no further than secu
ring to the party under arrest the right to be
carried before a 'civil tribunal to have inqui
red into his claim to be discharged or ad
mitted to bail, and that the clause in tlrf
Confederate Constitution (which was identi
cal in'language with that contained in the
Constitution of the United States.) which
authorises the suspension of the privilege of
tbe writ, applies only to cases of persons
who may stand committed for criminal or
supposed criminal offences, &c, &c.
Resolcetl, That the provision in the Con
stitution that " no person shall be deprived
of life, liberty or property without due pro
cess of law" was meant to deny to the Con
federate government all power to make' any
arrests except upon warrant from a civil tri
bunal, and that any arrests otherwise made
or authorised by Congress or trials except
by due course of law, " except in case3 avis
ins in the land or naval forces, or in the
militia in time of war or public danger,"
arc unconstitutional and subversive of every
principle of civil liberty, and that North
Carolina could not see a violation of this fun
damental and reserved right, in regard toher
citizens, without the deepest concern.
Ue.Ir,-t7, That Congress has no constitu
tional power to impair the ri-rht to a speedy
and public trial, by an impartial jury of the
State and district, wherein the crime shall
have hesn committed, by authorising arrests
otherwise than under warrants returnable be
fore the regularly established constitutional
tribunals of the" country, " except in cases
arising in the land and" naval forces, or in
the militia when in actual service, in time of
war or public danger."
These resolutions were believed to state
correctly the principles of the Constitution,
and their whole tenor is adver.-e to the idea,
that the suspension confers any jurisdiction
upon military commissions. They were
adopted by a large majority, and ratified on
the Cth of February, 1865.
This subject received my undivided atten
tion at that time, and subsequent reflection
has but strengthened the views then ex
pressed. The fourth section of the act of March 3d,
declares, " That any order of the President
or under his authority made at any time du
ring the existence of the present rebellion
shall be a defence in all courts to any action
or prosecution, civil or criminal, pending or
to be commenced for any search, seizure, ar
rest or imprisonment, made, done, or com
mitted, or acts omitted to be done, under
and by virtue of such order," &c
This section does not pretend to confer
any jurisdiction upon military commissions,
but is only intended to make the President's
order a defence to any action or prosecution
for " sefirch, seizure, arrest or imprisonment."
Whether it is constitutional, even to this
extent, is not now the question, but it does
not confer upon the President the right to
try a civilian by military commission assum
ing to have power to pass upon life and death,
bnt the implication is strong, that the order
of the President shall not be a defence, if
more than imprisonment is attempted.
The proclamation of September 15th,
1863, reciting that act, suspends the privil
ege of the writ of habeas corpus throughout
the United States, in certain cases, but does
not attempt to confer any jurisdiction upon
military commissions, except such as are
conferred by the rules and articles of war, and
the rules and regulations prescribed for the
military or naval forces.
In this respect this proclamation differs
very materially and may be regarded as a
modification of the proclamation of Sept.
24th, 1862, which purported to suspend the
privilege of the writ of habeas corpus, and to
confer authority, in certain cases, upon courts
martial and military commissions, without
the sanction of any act of Congress.
As it il now conceded that the privilege of
the writ af habeas corpus can only be suspen
ded bv an act of Congress, . and as Congress
never "conferred the power to suspend upon
the President, until the 3d of March, 1863, it
follows thaffthe proclamation of Sept. 24th,
1862, was ur. authorized, and that this is the
view taken by the military tuthorities, we
are led to believe, from the return of Major
General Ruger, who asserts his right to bold
John H. Gee as a prisoner under the ai thor
ity "of the President of .the United States,
and makes return as in such cases requiied
by General Order No. 313, War Department,
Adjutant General's Office, Washington, Sept.
1863, the proclamation of the 15th day of
S pt. 18 53, and the act of Congress of Manh
3rd, 1863, but omits any " reference to ihe
proclamation of Sept. 24,th; 1862.
The general view of this tubject, which we
have taken, is fully sustained by His Honor, i
Jpdge; Trigg, of the . Circuit and District
Court of the United States, for Tennessee at
its recent term in Memphis, in the case' 0f
Herron.-.General -Runkle, Superintendent
of the Freedmen'g Bureau, in which it was
declared,.-that the; Bureau Courts can exor
cise no legitimate authority in time of peace
as they are entirely of a military character '
. ; In the opinion of .the Court, it is said, tliat
4t,Bie recent proclamation of the President
of the United States, declaring that an in
surrection no longer exists, is a declaration
of peace, which sweeps from among us every
thing which savors -of military constraint
upon the rights of citizens, and restores to
them the ordinary and peaceful channels for
the assertion and enforcement of these rights
Assuming, then, that the Courts in auc
tion were in their inception legitimately and
properly established, and that the jurisdic
tion exercised by them, during the existence
of the war," wa3 also legitimate and proner
it does not follow that they have a riVllr'
now the war is ended, to make and suniTna'
ri!y to enforcs orders as they did while a
state of war existed.
The Court therefore concludes, that there
is no jurisdiction conferred upon military
commissions to try civilians in time of peace
either by the common law, the Constitution
of the United States, act of Congress or any
proclamation of the President after the pow
er of suspending the privilege of the writ of
habeas corpus was conferred upon him, hut
that such jurisdiction is in direct contraven
tion of the proclamation of April 2d, lS(j
which declared, in accordance with the prin
ciples of Magna Charta, and the Constitution
of the United States, that, " standing armies
military occupation, martial law, military
tribunals and the suspension of the privileges
of the writ of luibeas. corpus, are in tiines'of
peace dangerous to public liberty, incompat
ible with the individual rights of the citizen
contrary to the genius of our free institutions
and exhaustive of the national resources, and
ought not, therefore, to be sanctioned or al
lowed, except in eases of actual necessity for
repelling invasion or suppressing insurrec
tion or rebellion."
The war being ended, that is an end to the
Court, and there being no longer any such
Court, the officer of the Bureau has no longer
authority to act in that capacity, and to en
force judgments or orders, whether made he
fore or since the declaration of peace. If he
does so, and under that pretext seizes the
property of a citizen, he will become a tress
passer, and may be held liable to damages to
the party injured. If in this case
the judgment wasrenelercd anelnot enforced
before the war ended, then it cannot be now
enforced, for the authority by which it was
rendered has ceaseel with the war, and no
The only question remaining for onr con
sideration is, as to the jurisdiction of tne
civil Courts, and their right to issue the writ
of htibeis corpus in order that the capture and
detention of the petitioner may be inquired
As the privileges of the writ were only sus
pended during the existance of the rebellion.
and the rebellion, so far as North Carolina 13
concerned, "is at an end and henceforth to he
so regarded, " it follows that the Court can
issue the writ, provided it has jurisdic
tion. The fact that the petitioner is held by a
Federal officer, and the writ has been sued
out from a State Court, is not important, in
asmuch as it has been decided in North
Carolina, in Bryan's case, 9 Jones 1, that the
Court has jurisdiction in such cases.
1 he petitioner is not arrested and held for
trial merely as a prisoner of war, and because
of his participation in the rebellion, but it is
charged that he has violated the laws and cus
toms of war.
The laws and customs of war are a part of
the laws of nations, and the latter have al
ways been regarded as a part of the common
law, 4, Black. Com. 07, and offences against
the same, which are not directly coiiiieeled
with the order, discipline and safety of an
army in the field, are punishable by the civil
tribunals. The charges against the petitioner
are not of the latter character.
Whenever a party is the recognised legal
custodian of another, and is guilty of cruelty
or inhumanity towards him, the law will bokl
him amenable, and he is subject to indict
ment in our civil courts. If he is not the
legal custoelian, then he is indictable for a
false imprisonment, and the cruelty and in
humanity is considered in determining the
punishment to be awarded. If eleath has
ensued from cruelty and inhumanity under
such circumstances, the party is indictable
for murder, and upon conviction will suil'er
The jurisdiction, therefore, of the Superior
Courts of Law, is clear.
It lias been suggested that the President
diel not intend by his proclamation to inter
fere with Military Commissions, at that time
or previously organized, or trials then pend
ing before such Commissions, and that if the
Court is satisfied that such was the intention
of the President, it would not interfere by
means of its writ The Constitution declares
that "the privilage of the writ of habeas cor
pus shall not be suspeneled unless when in
cases ot rebellion or invasion the public safe
ty may require it," and the act of March 3rd,
1863, authorizes the President only to sus
pend the privilege of the writ during the ex
istence ot the rebellion. It therefore follows
that as soon as the rebellion isdeclareel to be
at an end, that it is the duty of the Court to
declare that, in judgment of law, the priv
ilege of the writ was restored- The fact be
ing declared, the result inevitably follows,
and there is no power in the President to
declare that the insurrection is at an end, but
that these Courts of military Commission
may, in certain . cases, continue to exercise
jurisdiction as if the insurrection were still
waging. If he could continue the suspension
a day beyond the constitutional limitation,
he might continue it indefinitely:
It is consielered by the Court, that the re
turn to tbe writ is insufficient, and it is
Ordered., That ah attachment in this cause
issue against Brevet Major-General Thos. II.
Ruger, but that, the .same be accompanied
with a copy of this rule, which is to operate
as instructions to the Sheriff not to serve the
same, if Brevet Major-General Thos. H. Ru
ger shall forthwith, upon service of a copy of
this rule upon him, cause the said John II.
Gee to be brought before me, in obedience to
the writ of habeas corpus, heretofore issued in
DAN'L. G. FOWLE, J. S. C.
April 28th, 1866. '-'--The
following is a copy of the writ direc
ted to the Sheriff: T
STATE OF NORTH-CAROLINA, )
Wake Cocsty. J
To the Sheriff' of Wake Conniy, Greeting:
You are - hereby commanded to take the
body of Brevet Major General Thomas II.
Ruger, and him safely keep so that you have
him before me forthwith, without bail or
mainprise, at the Court House in Raleigh.
Herein fail not, and have you there and
then this writ. - '
Witness. Daniel G. Fowle, Judge Superior
Court f Law. at Court House in Raleigb,
this 28th April, 1866.
(Signed) DANL. G. FOWLE, J. S. C.
Which the Sheriff subsequently returnc.
with the following endorsement :
Executed the rule by serving copy upon
Major General Ruger.
The General declined producing the body
and refused to submit to an arrest, and I
was unable to make the same, because he
was in command of a military force too
strong to be overcome by the power of the
(Signed) E. H. RAY, Sheriff.
April 28th, 1866.
Whereupon the Counsel of Maj. Gee sub
mitted a request that the Clerk be directed
to certify and transmit all the proceedings in
the case to hia Excellency, the Governor, for