Newspaper Page Text
SPEECH OF HON. B. F. MpORE, -
of wake.,. . . ' ; "..
The stay law being nnder consideration
and the third section read, air. Moore, of
Wake, addressed the Convention :
Mb Pbksidext : The section just rend of
fers me Full opportunity to express my. views
noon the entire subject.
The ordinance is entitled " An ordinance
to change the jurisdiction of tlie Courts, and
the rides of pleading therein:'' The title an
nounces nothing but ordinary and legitimate
It looks as .fair as the title of the ac, to
which, in the midst of our revolutionary
struggle, our noble and honest ancestors gave
the name of " Ah act for establishing courts
of law and regulating the proceeding, therein,
' One would suppose, from their titles,
that the object of both was the same. No
two things, however, could be more dissimi
lar than the objects intended to be accom
niiahi ThH court law of the revolution
was an honest and efficient enactment to
provide and open courts lor me iuu ou
peditious administration of the law, and for
the enforcement and protection of rights and
remedies guaranteed for the security of per
son and property.
Such it was in title, and such in fact
it has proved to be. And from its
passage to an evil hour, in 18(51, it has
run the even and undisturbed tenor of its
way, with but one small interruption, (in
1812,) which was early removed. The citi
zens have had, at all times, speedy and im
partial justice, and have been required to
observe the faith of their engagements and
their honesty became proverbial. The object
of the ordinance is to shut the courts of jus
tice by crowding the cases, small and great,
into a Superior Court, held open but once a
year; and, by delays of pleading, to post
pone for years the trial of the plainest cases;
and, even after judgment is rendered, to de
fer for another scries of years the collection
of the debt. It is palpable, on the face of
the ordinance, that the change of jurisdic
tion, announced in the title and provided in
the enactment, is not intended to advance
or improve the administration of justice, but
is designed, of fixed purpose, to hinder and
delay it. It is equally manifest that a like
fixed purpose provides for changing "the
rules of pleading ;" and that these rules are
changed, not to supply any existing defects
in the rules, but for the mere purpose of de
laying the trial, and enabling the violator of
his contract to avoid its fulfilment.
While the title proclaims the purpose of
mere ordinary constitutional legislation, the j
aroiced object is, under this pretext, to grossly j
violate the Constitution of our country, which
prohibits any State from passing " a law j
impairing the obligation of contracts." In :
our State the time has been, whoa, if legis- ,
lation might be suspected of contravening :
the federal Constitution, the legislator did .
not feel at liberty to resort to a stratagem to '
effect his forbidden purpose. Thus, the act ;
of 1812, declared void by the Supreme t'otirt .
because it impaired the obligation of con- ;
tracts, was candidly entitled " An act to j
suspend executions torn limited time.
The title was an epitome of the purpose
of the act.
If the title of this ordinance had as can
didly reflected the motive of its provisions
as did the act of 1812. it would be entitled
" An ordinance to hinder and delay the col
lection of delils. '
Mr. President : There is not, I believe, a
delegate who would vote for it, if it were
thus entitled ; and yet we all know, that,
this title would but candidly proclaim its
true purpose ; and that, as entitled now, it
does not express it. It is true that the ordi
nance does change "the jurisdiction of the
courts and the rules of pleading,'' but the
change, in these particulars, is not the pur
pose for which it was introduced. The
change is but the instrument to effect the ob
ject, which is to hinder and delay the credit
or and impair the obligation of his contracts.
The accomplishment of this forbidden and
unconstitutional purpose is the end in view,
and the instrument is a mere pretence, a
device a stratagem a screen which the
legislator uses to hide from the courts the
unlawfulness f the act. He asserts, in the
outset, that it is competent for the law
maker to provide such courts as he may deem
proper, to assign them their jurisdiction, and
prescribe rules for pleadings therein.
Jib one doubts the existence of the power
to do these things. It must exist, wirerever
'the law is administered. But let us never
forget, that the power exists only to advance
and improve the administration of justice ;
to protect and enforce the legal rights of
every man, rich or poor; and that it does not
exist for the purpose of delaying justice and
enabling men to evade the obligation of their
contracts. Whatever might be the power
of this convention, if not restrained by the
constitution of the country, we cannot," now
use means, which are lawful for lawful pur
poses, to overthrow any part of that instru
ment: If we cannot attack it boldly with a
candid avowal of our purpose, we cannot
attack'it insidiously by stratagem and con
cealment of the purpose. Those, who resort
to the latter mode, arc more dangerous to
liberty than open and defiant enemies, and
are more to be dreaded by its true guardians.
Mr. President : For years it has been a
subject of boast and emulation, among cer
tain persons, who could draw the law which
could most effectually conceal from judicial
penetration the legislative purpose to impair
the obligation of contracts; and we have
been assured, by some, that this ordinance
stands behind an impenetrable shield. I
know not how others might feel in accom
plishing such a work. For myself I could
have only that satisfaction, which an honest
man may he allowed to enjoy after having
wilfully disobeyed the sacred obligation to
support the Constitution of his country.
Sir, our State government is divided into
three great departments the Legislative,
the Executive and the Judicial. The inde
pendence and integrity of each is essential to
the preservation of our liberties. Each of
them stands in close connection with the
others. In the making of laws the Legisla
ture is placed under restraints and injunc
tions, which they are sworn not to transcend
The-Executive, in his department, is equally
bound by his obligation : And the iudge is
called upon to expound the laws which may
be enacted by the Legislative. Both of these
departments act under the same fixed guides,
the constitutions of the country. If the leg
islator transcend hia powers, it is the duty
of the judge to declare void the unlawful
legislation. In this State the legislative
department has ever yielded with cheerful
ness, to the exercise of this salutary power.
Between them there ought always to prevail
the most candid relations. And, inasmuch
as, by the fundamental law "of the land, it is
the high duty of the legislature to submit
the constitutionality of all their acts to the
judgement of the courts, it is a foremost part
of that duty to enact their laws in such a
way as that their character may be known as
fully by the court, as they were by the law
maker, and that the motive and intent mav
38 .aible to the judge. So that if,
with one intent fh- ,.,i,i u '
f'fd:lt 1 QOtuer t. it would be
otherwise, th. M"u"? " wo
;.. . "y we auie to ascer-
thlT "ftCnt' and intain, in its
Y1ffi llr1 the land.
sz . in t
Nov Sir nritlt vK
serve more of public condemnation than that
Of a egulative body engaged iB clothing a for
bidden act an a dress of legal paaoply,Swhica
may defy judicial penetration. A leirisla
ture engaged in deceiving the judiciary
with false pretences is a spectacle which can
not be tolerated by the public mind, without
overthrowing our regard for constitutional
government. Sir. can a legislator sn
without violating his obligation to support
the constitution of the United Stfpa?
We are informed by cases adjudged in the
the United ' States, when
Its Marshall, its Story and its Taney adorned j
. the bencn mat every. .mw
or accelerates the period of . performance,
which a contract prescribes however minute,
impairs the obligation of a contract." And
bv the pure and eminent Madison, when ad
v.Vntinir in th Federalist the inhibitory
clause of the federal Constitution, (even ;
w hile the sufferings of the revolution were!
severely felt over the entire ianu,; nini ia s,
impairing the obligation of contracts are
contrary "to the first principles of the social
compac t, and to every principle of sound
In one respect the judge may occupy
a position different from that of a leg
islator, in regard lo this provision of the
constitution. The .courts, we all know, are
inclined to give to every net of legislation
the most favorable construction ; and, where
a lawful purpose can be assigned, they will
not declare the existence of one that is un
lawful. It is possible that an act passed for
one purpose may be constitutional, and an
act in the same words, passed for another
purpose may violate the constitution. Thus,
if it were constitutional for congress to raise
revenue, but otherwise to protect- manufactories
from competition, the same act for the former
purpose would be upheld, and for the latter,
declared void. And the title to the one or
the other would be a sufficient key to open
the legislative intent.
Xov if congress, with intent to protect
manufactures, fsom competition, should pass
a bill laying protective duties, and entitle
the law "nn act to raise revenue," they
would, in my opinion, grossly violate the
coustitution,and cheat the court, by false
pretences. The court, however, and the
legislator would incur very different respon
sibilitiesthe court would simply do its
dutv, and, would not violate the constitu
tion; but the legislator would fail in his
duty, and violate the constitution. If there
fore the true purpose of the ordinance is to
improve the administration of the law, leav
ing the delays of proceedings as mere sccon
rhirv incidents, and the legislator shall sup
port it upon this gr.mnd, he will be excused
from the consequences : but if his purpose. !
in supporting it, be to allow persons to post- j
pone the fulfilment of these contracts, then,
in my judgment, he cannot escape the charge I
of violating the constitution; and is the.
more inexcusable for his employing an uncan- ;
did artifice to clleet his purpose. j
.( iei-ir,ij th'iK r" the d'tty ."' a !,-y;xlitoi ;
h f no'oue tpjVe that I co'icrde iht ordimuice
piir' ijA.' Judicial iiftarl: j
I turn now from considering the constitu- )
tional question, to the :? of the law. !
Here the prospect of a gloomy future lies be-
fore u. Without a stay law. delegates say, .'
that the people will Income bankrupt, and .
i e driven from their homes by the arm of
the law. Thoy color the picture of uUjrcss.
with exaggerations, till they alarm them
c!ves and every luvly who hears them.
Thoy abandon themselves, lo the frigut of .
the "r.uvnoiit. and neither hoar re:;-ui. nor
eon-u'.t the h'soas t the past. They forget
the rights of the creditor : s"d saeririee him
without a feeling, even, of regret. T!io or
phan, whose whole estate may be in a rich ;
Tau"s bond : the mechanic and humble la- :
borer, whose sweat may have been poured out
on the dwellings, and field of the wealthy .
are all commanded to pet their debts away :
for years. i
Sir, under what clause of the constitution ;
shall we find a greater protection provided :
for one kind of property, than for another '
What law of morals decides, that I am not j
as much entitled to the price of the land I 1
have sold, as the purchaser is to hold the j
land unpaid tori If I shall have lost the:
possesssion of my horse by a wrong doer. !
who never made me a promise to pay for it, j
the ordinance allows me to pursue him with- j
out quarter; but. if I shall have let my horse
go upon tlie solemn and sealed promise of n
buyer, I am required to reward his broken j
promise by waiting until he is willing to ;
pay ; the open wrong is vindicated the Co-
vert one is defended and protected '. i
The alarm is unnecessary, and the remedy .
proposed for it is worse- far, than the disease.
The kindness of men towards each other, in
the hour of a common distress, will afford
more relief than any stay law. The very ex
istence of it creates alarm, produces a spirit
of defiance on the part of the debtor, i-.nd
creates distrust in the creditor. Be assured,
sir, that a flood of suits will follow the pas
sage of the law and a general panic will en
sue in the race of creditors after debtors.
Tiie ordinance, so far from beingthe debtor's
friend, will be his worst foe.
The power to prefer one creditor over
another by deed of trust is a better guard
against destruction than a stay law.
The law invites those who are able to pay
to disregard their obligations, r.nd loosens
all the foundations of faith between man and
In whatever degree law withdraws its rem
edies for the enforcement of contracts, to
that extent, soon, will the moral sense cease
to urge the debtor to fulfil thein. Such a
law will be regarded as tlie great expositor
of public sentiment, and even those who are
well able to pay, will shelter themselves un
der a proctectiou avowedly created, only for
the destitute and needy. Honesty will no
longer De a puunc virtue, and it will soon j
cease to be a private one. i
I feel amazed to see with what indifference i
we throw away the conclusive lessons of his- !
lory. The mere introduction itself of the ;
inhibitory clause into a document, so solemn 1
and sacred as the constitution of the coun- J
I ry, should assure us of its wisdom, ami com- j
maud our respect and obedience ; but when i
we open the pages of history extemporaneous
with the period which intervened between
the Close of the revolution and the formation
of the federal constitution, we are presented I
in lull with the reasons winch gave birth to j
the mandate that "no State shall pass a law j
impairing the obligation of contracts." i
The termination of the revolutionary
struggle found the people of the States with- j
out money and much indebted to each other, j
That short sighted policy which usually pre- j
vails in panics, adopted the quackery of tcm- J
porary expedients, known then as now, by j
the names of stay laws valuation laws and
laws allowing tenders of property in dis- !
cuarge or clems, in some ot the States all
tli3ve shifts to po3tpoa3 the day of payment
were resorted to, one after another ; but the
affliction sought to be remedied, grew worse
as the acts of financial quackery were multi
plied, and the pcopls, among whom the ex
pedients were adopted, were soon found to
be in a far worse condition than at the
Instructed by the results of these experi
ments, every step of which the framers of the
constitution had witnessed, they did not
hesitate to apply the true remedy forall cases
then existing, and for all cases which might
thereafter arise. The statesmen who set this
barrier against the power of the States to
pass such a law as this ordinance, were, by
universal concession, unsurpassed in purity
and intelligence. With Washington at their
head, and with Madison and Hamilton for
their counsellors, none can doubt their devo
tion to the best interests of the people or the
profound wisdom and sagacity of their
work. And historians inform us that the
vivifying influences of an immediate repeal
of all stay laws, were soon felt and seen
throughout the land.
The pages of an eminent historian of one
of the States, which adopted the system of
relieving by stay laws after the peace of 1783,
are but the faithful ' reflex of the experience
of all the other States. , ... . .
Dr. Ramsay, speaking of the six laws pass
ed in as many years by the Legislature of
South-Carolina,., some of which - contained
similar provisions with this lawsays " the
effects of these laws interferring between
debtors and creditors were extensive, they
destroyed public credit and confidence be
tween man and man, injured the .morals. of
w Tw?nni and In inanv instances, ensured i
and aggravated the final ruin of the nnfortu--nate
debtors for whose; temporary relief they ;
were brought forward. C XUe prpcrasunauon
of payment abated exertions to meet.it with,
promptitude In the mean time interest was -accumulating
and the expenses of suits mul- .
tiplied by the number of the instalments."
In the midst of these experiments for relief
by stay laws, the federal Constitution was
adopted, and the same historian portrays the
results of the prohibitory clause. " Public
credit was reanimated the owners of pro
perty and holders of money, freely parted
with both, well knowing that no future law
could impair the obligation of contracts."
North-Carolina, to her great praise, had not
only avoided this epecies of legislation, but
had thrown open all her Courts, and provi
ded for a speedy administration of justice.
She received ever afterwards the proud ap
pellation of " the honest old North State."
Let those beware, who would rob her of the
priceless honor which she has so worthily
won for nearly a century.
Mr. President, little did the distinguished
and candid historian of South-Carolina think,
wlien he was joyfully announcing that no fu
ture law could impair the obligation of con
tracts, that a State, which, like North-Carolina,
had passed through the trying times
that followed on the heels of the revolution
and had won a bright name for her integri
ty would, to-day, be engaged in impairing the
obligations of contracts under the specious
and" false pretext of changing the jurisdic
tion of the Courts and the rules of pleading
Cansr of the European War.
In old times Prussia took Silesia from
Austria by force. Austria conquered and
annexed Vcnetia and Lombardy. By mar
riages and regular inheritance the three king
doms of Scotland, England, and Hanover
came under one and the same king. By
similar means the Duke of Holstein, of
Schleswig. of Lauenburg, and the king of
Denmark, came to be one ami the same man.
By consent Scotland united with England
into one kingdom, both speaking the same
language. Without consent of cither duchy,
they speaking German, ami being members
of the German Confederation, the late king
ofDenmark annexed his duchies to the Dan
ish kingdom. He had no son, nor had Wil
liam of England. By the Salic law, that a
woman shall not inherit the crown, theDuke
of Auiiuslonburg became the heir to the three
duchies, and Victoria lost Hanover. But
England relinquished Hanover, which she
did not need, while Denmark, who needed
the duchies more than her own territories
even bought of the heir apparent his title to
the crown ; she did not buy the consent of
the inhabitants of the duchies. The princi
pal nations ot Europe guarantied the tr.ms
:.ct;on. Denmark still sat in the German
Diet as chltswig, Holstein. and Lauenburg,
s!:rvini their votes against the interests of
the smailcr German states, and against their
own iute rests.
Thus stood the case ten years ago. Next
Miiw the war in which Louis Napoleon took
L ::ibardy from Austria and gave it to Sar
dinia in exchange for Savoy and Nice, which
as naturally belong to France as to Italy.
To tliiLi respectable nucleus Sardinia aggre
gated at length all the rest of Italy except
part of the States of the Church, (Home in
cluded.) and -Vcnetia. Thus the Gentleman
Kin sr. Victor Emanuel, became King of Italy.
He has reigned in Turin, reigns in Florence,
and mcans-to reign in Home.
When the late king of Denmark died, the
Duchies refused to receive as successor the
king whom the nations had agreed should
reign over them. The German Diet sustain
ed them in their secession, and the guaran
tors of the transaction, England included,
broke their faith. Just as the Federal army
was preparing to interfere. Austria and Prus
sia, who bad no quarrel with Denmark, rush
ed in and by an unequal and bloody war
wrested the three Duchies from him to whom
the neighboring nations had warranted them.
But instead of giving them to the Duke of
Angustenburg, Austria sold Prussia her
claim to Lauenburg, four hundred square
miles only, and not forty thousand inhabi
tants, for less than two million dollars. As
for the other two Duchies, the Gastein Con
vention stipulated that Austria should tem
porarily occupy Holstein, which was of little
i.-e to her, separated by the whole breaelth
o; Germany, and Prussia should, in the same
way, hold Schleswig, separated from her own
territory by Holstein, which last she was de
termined to have also, first or last, by fair
means or foul. Shu could not do without
the scp.port of Kiel.
Thus matters rested till within a month or
two. Pm?sia bad hopj'd readily to buy off
Austria from Holstein, but the extreme pov
erty of the latter makes her pride the more
sensitive. But this is not the chief reason.
A.istria is willing to sell Holstein, is anxious
to do it; not for dollars, but for Silesia, of
which old Fritz robbed her. Holstein is
worth more to Prussia than Silesia is, and
Austria can never be happy without- it. But
Prussia is out of debt and wishes to pay
cash. When Austria refuses, Prussia, from
urgent, became insolent, till Austria handed
the matter over to the Diet. Several moti
ves influenced this body. Austria and Prus
sia have long struggled for the entire control
of it, hoping that at some time all the minor
st ites would become virtually tne domain of
the more successful. But the mass of Ger
mans wish a German nation. Both Austria
and Prussia rule over states of a different
language and of a different race. Prussia
argued that when Austria referred the ques
tion of the Duchies to the Diet, she had abro
gated the Gastien Convention, and that it
was right to return to the former state of
joint possession. So she moves her troops
into Holstein, and consents to Austria's shar
ing with her in the occupancy of Schleswig.
But a bear is not more undesirable as a bed
fellow than the company of Prussian troops
to Austrian garrisons, when all Prussia is
between them and help. So as the one slip3
in the other slips out.
Thus far there is no war. But Prussia
protests against the vote of the Diet to
mobilize the Federal army, and when this
step is voted nine to six. she pronounces
Germany a thing of the past, and the Con
federation at an end. She now marches into
Saxony and Hanover, with the avowed in
tention of conquering to herself as much ter
ritory as she can. And thus the war begins.
Availing himself of the opportunity, vie
tor Emanuel, aided by Garibaldi, the apostle
ot Italian nationality, invades Vcnetia, with
the determination to accomplish the unifica
tion of the Kingdom of It aly, expecting that
of course Rome and the Pontifical territories
must fall into the hands of the rising power
of the Sardinian liberator. For results we
must wait upon the verdict of the sword.
Though without justifying all that is done
by Prussia and Italy in these things, our
sympathies are with them rather than with
Austria, because theirs is the cause of pro
gress and of popular liberty.
The want of correct tidings from the field
of war in Germany and Italy is cleverly ex
plained by a correspondent of an English
journal, who has been hunting for General
Cialdini's army without finding it, and re
marks that it is difficult, indeed almost im
possible, for a " correspondent to- give any
really trustworty account of events in a coun
try where the press says nothing, the country
people know nothing, and you are not allow
ed to go about and see anything . for your
self.?' : , : ... .... . .
The Chincha Islands do not exceed in
extent two and a half sqnare miles, yet
for years past they have supplied guana,
to an average of 400 ships , per annum,
tbe value of such cargoes in Europe be
ing upward of 250,000, t .
TENNESSEE. . -.'
Extra Session -et the ;Urlslafiire-:--Messg M
. XtfoT.'' Brownhw. L".'"
Gentlemen of- the Senate and . . :." '" ; ,'
Having convened you in extraordinary "ses
sion, it is made my duty by the Constitution
to state to you the purposes for which you
have been convened. - The main purpose,
and that which constitutes the present an
extraordinary occasion, is briefly but directly
stated in my proclamation of the 19th of
June, calling you together. To that paper
I respectfully refer vou.
Under the fifth article of tlie Constitution
of the United States, Congress has proposed
as an amendment to that instrument a four
teenth article, which lias been duly certified
and commuuicated to this- Department by
the Secretary of State of the United States.
Copies of said proposed amendment, with
the authenticating certificate and letter of
inclosure of the Secretary of State, are here
with transmitted for your consideration, and
I invoke your action as promptly as is con
sistent with the gravity and importance ot
I beg you to bear in mind in your delibera
tions, that while the most of you have been
at all times personally and individually 103-al
to the United States, as a whole you repre
sent a State the most of whose people went
into a rebellion, raised one hundred and fifty
four regiments, and sent them into the field
to fight against the National Government ;
levied war against the United States for four
years, and were finally conquered and re
duced to the condition of inhabitants of a
subjugated province, wholly at the mercy of
the conqueror. By the law of nations and
the laws of war the General Government has
an undoubted right to prescribe the terms of
settlement to the State of Tennessee. These
terms have been prescribed, and are now
presented for your acceptance or rejection. I
have every assurance that, when they are ac
cepted, your Senators and Representatives
will be admitted to their scats in Congress,
and the State at once reclad with her long
lost rights. Are these terms reasonable ?
For my own part, they seem to me to be but
the decree of political justice and equity
made necessary by the result of the rebellion.
By the first section, equal protection in the
enjoyment of life. leity and property, is
guaranteed to all citizens.
Practically this affects mainly the negro,
who having been emancipated by the rebell
ion, and having lost that protection which
the interest of the master gave him, became,
by the very laws of nature, entitled to the
civil rights of the citizen, and to the means
of enforcing those rights. To deny this to
him would be to place his life, property and
labor in the power of every unfriendly local
authority or evil disposed person, and would
be an instance of barbarism unworthy of the
age. It will also prevent unjut and oppres
sive discrimination by one State against the
citizens of other States.
By the second section, classes who are dis
franchised without crime are not to be coun
ted in ascertaining the basis of Federal rep
resentation. This, too, may be regarded as one of the
results of the rebellion, a change made ueces
sary by our changed condition. We now
have among us a class of freemen to whom
we deny the ballot, and all other political
rights. Have we a right to count them
against the enfranchised citizens of other
States ? If so, then will three of our citizens
(rebels though they may be) equal in the po
litical balances four citizens of any Northern
State however patriotic. And one citizen of
South Carolina or Mississippi will balance
two citizens or L"nion soldiers who may re
side north of the Ohio. Certainly the South
is not in a condition to claim so great a po
litical advantage in the national adjustment
now proposed, unless, indeed, there be merit
The third section is intended to prevent
that class of rebel leaders from holding office
who, by violating their official oaths, added
one great offence to another. It is meant as
a safeguard against another rebellion, by
beeping out of power those who brought tin
iind are mainly responsible for that through
which we have just passed. These men. in
law and justice, forfeited their lives and their
properity, but a benign and merciful Gov
ernment inflicts no punishment or disability
upon them than such as is necessary to pre
vent them from repeating their crimes. No
loyal citizen will object to this section.
The fourth section declares the validity of
our national debt and that debts incurred or
losses sustained in aid of the rebellion are
This is a simple declaration of the honor
able intentions of the nation, and will be
understood by every American citizen who
is worthy of the tittle.
It also refuses compensation for slaves lost
or emancipated by tbe war. As our slaves
were lost by the rebellious conduct of our
own people, we should not expect to tax the
nation to pay for them.
This brief analysis of the proposed amend
ments exhibits a magnanimity on the part
of the American people, through their rep
resentatives in Congress, which challenges
our admiration. Viewed as terms of final
adjustment between the conqueror and the
conquered, their mildness and freedom from
all penalty is without a parallel in the history
I congratulate you on your good fortune
in having the opportunity of being the hon
ored agents of restoring the ship of State to
her ancient moorings, soon again to set sail
upon her voyage of prosperity and glory.
But little over a j-ear ago you assembled in
the capital and took charge of the State.
She was prostrate, bleeding and helpless.
The Courts were nowhere held with safety,
and justice was administered only in a few
fortified posts. County governments were
broken up, and peace officers made no efforts
to perform their duiies. And anarchy, with
all its horrors, reigned supreme. Without
a treasury or revenue laws, the credit of the
State was destroyed, and our grand system
of railroads was in ruins, while guerrillas
prowled without restraint over the State.
You have placed our giant estate upon 11s
feet. Under j-our judicious legislation the
Treasury has been able to meet the heaviest
demands ; the credit of the State is rapidly
rising to its former maximum height. Your
railroads are nearly all in running order and
navinsr their interest on their loans, while all
your Courts are open and justice i3 adminis
tered in every part of the State. It is now
your proud privilege to restore the noble old
Commonwealth to her ancient position in
the Union of our fathers. As you have per
formed your duties heretofore in defiance of
the abuse ana denunciation or traitors, so l
am confident you will do in the future,
heedless of threats or dictation from any
I reeret that duty requires me to bring to
your notice any other subject than the mighty
question 1 nave aireaay su omitted, uui a
am constrained to call your attention to the
necessity of amending an act passed at your
last session, entitled "An Act to establish a
Metropolitan Police District, and to provide
for the government thereof." Having ap
pointed Commissers for the Cities of Mem
phis and Chattanooga, the force in each case
was promptly organized, and the prospect
for relief to the peaceable citizens was
promising. But the law in its practical
working is found to be quite defective.
Chief among these defects may be mentioned
the want of adequate remedy in the refusal
of the County Courts to levy and collect the
necessary revenue to defray the expenses of
the police torce, ana the power ot evil dis
posed persons in combination to arrest the
operations of tbe commissioners by injunc?
tions and wanton litigation. Other defects
will present -themselves, And, it is believed,
will be easily corrected. , A thorough perfec
tion of the law is recommended.
W. G. BROWNLOW.
L. . BALEIGH, N". ' O.-.
TUESDAr,' - - JUIjY 17. I860.'
The people of this State will vote on
the 1st Thursday in August next to rati
fy or reject the Constitution, lately adop
ted by the Convention and ordered to be
submitted to them at the polls.
We, the Senior, returned from Washing
ton on Saturday evening last, after a pleasant
and agreeable visit of some eight or ten
" We had the pleasure of seeing the Presi
dent several times, and of conversing with
members of the Cabinet, members of Con
gress, and many other public men.
We did not find as much bitterness be
tween the President and the so-called radicals
as we expected. There is more of this bit
terness in the newspapers than elsewhere.
There is a marked difference, it is true, be
tween the President and the majority of Con
gress ; and no one regrets this difference more
than we do. We are satisfied that both sides
are honest and patriotic in their views and
purposes, and we are not without hope that
some common ground will be found on which
both can stand.
The Congress, which has been in session
since December last, is expected to adjourn
about the first of next month. The appro
priation bills have all been passed, which 13
an indication of an early adjournment. The
tariff bill, some of the provisions of which
have excited very decided opposition, has
been postponed until the next session. And
we take pleasure in stating that it was under
stood on all hands that the collection of the
land tax in the recently insurgent States
would be, or had been postponed until 18C8.
The President is firm in his determination
to maintain his policy. But he is equally
firm in the opinion that hia policy ought to
be carried out by loyal men ; and we know
that he feels embarrassed and grieved at the
change which has taken place in the so-called
Southern States since May last. He feel3
that those who control affairs in those States
should so act as to sustain and strengthen
him, and not to say and do things which are
calculated, whether so intended or not, to
aid those with whom he is contending for
the admission of the States on. a loyal basis,
without any further amendments of the Con
stitution. He still holds that if there be but
five thousand loyal men in a State, to them
should be specially confided the work of
restoration ; that these loyal men should con
stitute a nucleus around whom others should
rally ; that in this way, and in this way only,
can the whole lump be leavened, and the
States be placed in a condition, when pre
sented to Congress for admission, to make
their claims on that body irresistable. While
he would persecute no one, and while he
would be glad to see all who engaged de
liberately in the war acknowledge their mis
take, and pledge themselves for the future,
and show it by their acts, to be uncondi
tionally submissive to the national authority,
yet his sympathies arc chiefly and warmly
with the Union men, and he looks to them
as leading actors in the work of restoration.
If the writer of this is loyal, the President is
much more so. He has no sympathy with
those who revile the flag, or who give a hesi
tating or doubtful support to the govern
ment, or who declare that the States should
remain oi.t of the Union indefinitely before
they should elect members of Congress who
can take the oath, or who in any way, or for
any cause, proscribe or persecute Union
The general impression in Washington
seems to be that Tennessee will be admitted
before the close of the present session, and
that a concurrent resolution will be adopted,
declaring that other States following the ex
ample of Tennessee, will also be at once ad
mitted. There is no present purpose on the part of
the Congress, so far as we could learn, to re
duce the States to the condition of Terri
tories, or to foice negro suffrage upon them.
We heard nothing harsh or unkind said
by any one against or about the so-called
Southern States; but on the contrary, the
difficulties that prevented the restoration of
the States were regretted, and the wish
seemed to be that sooner or later good feel
ing and harmony would prevail.
We may dwell more at length in future
issues on what we saw and heard in Wash
ington. m m
The Philadelphia Convention.
At a meeting in Wadesboro', the following
delegates were appointed to represent An
son, in a district convention to be held at
Lumberton on the 25th inst: Col. W. L.
Smith, Col R. T. Bennett, T. W. Kendall,
Jos. W. Rodfearn, Archie Niven, and Jos.
The citizens of Richmond county are ex
pected to assemble on the 19th inst., to take
similar steps for their representation.
A meeting was held in Goldsboro' on Sat
urday last, Wm. K. Lane, Esq., in the chair
and Capt. J. B. Griswold, Secretary. A se
ries of resolutions were adopted, appointing
Goldsboro' as the place for a District Con
vention and the following delegation to re
present Wayne county ;
G. C. Moses, Lewis Whitfield, John Coley,
J. W Smith, John A. Laue, Thos. Yelverton,
Benj. Aycock, James Hooks, Gray C. Harris,
Riirdon Dees, M. K. Crawford, Lewis Sasser,
D. H. Bridiers, John B. Hood. Riehard
Manly, Dr. Dan'l E. Smith, Geo. W. Collier,
D. B. Everitt, J. F. Kornegay, Col Jno. P.
Cobb, W. B. Thompson, Shade Pate. Wm.
Robinson, W. A. Thompson, John R. Smith,
John Everett, T. T. Hollowell, L. W. Hum
phrey, S. D, Pool, E. B. Borden, J. B. Wliit
aker, J. C. Slocumb, J. A. Washington,
Senator Wilson has demanded the record
of the Inquiry on the murder of 23 United
States soldiers at Kinston, N. C. by the
Rebels Gens. Hoke and Pickett. Both these
generals were well satisfied with their work
at the time ; but we have never heard from
the Court of Inquiry. Neio York Tribune.
We believe this matter has been twice in
vestigated. We do not know, but presume
the finding was that Hoke and Pickett acted
in accordance with the rules of war.
. Richard W. .King,' Esq., of Lenoir, has
been confirmed by the Senate Collector of the
Customs at New-Berne. ' Mr. King is a true
and tried Union man, a gentleman of ability,
and will discharge the duties of his 'office in
a faithful and efficient manner. We record
this appointment with much satisfaction.
The, War in Europe and: the -War in
V Sonth-America.' ' y. - -'
..V Since our last summary giving .an account
of the progress in military affairs in Europe,
intelligence has reached nsof a great battle,
or series of engagements upon Austrian terri
tory, in Bohemia, between the Prussian - ar
mies under Crown Prince, Frederic Charles,
and the Austrian forces under Field Marshal,
Benedek. These engagements took place on
the 27th and 28th of June. Up to latest
advices both sides claimed the victory, so it
remains to be seen to whom the substantial
fruits of the battles do really belong. -
The last week in June, Prince Frederic,
after occupying and garrisoning the whole of
Saxony, concentrated the Prussian army on
the Saxon frontier of Austria, and having
notified General Benedek of his intentions
crossed into the hostile territory. The be
havior of the Prussian troops, as related by
army correspondents, while in Saxony, is
said to have been admirable. They were
confined to the road during the march, and
when halted it was upon plots and fields
whereon were no growing crops, so that the
farmer pursued his avocation unmolested.
Everything that was used was purchased ; and
the people of Saxony, it is said, seem to have
become really attached to their conquerors.
The same regulations are kept up in Bohe
mia. This is civilized warfare, in its most
The principal engagements were at Na
chod, Munchingratz and Trautenau. The
Prussians claim to have captured 8,000 pris
oners, besides the usual proportion of guns,
munitions of war, &c. They also claim to"
have driven the Austrians on each occasion.
On the contrary the Austrian3 state that
the Prussians were defeated on the evening
of the 28th after a six hours battle, and that
their army has begun to retire from Bohemia.
They claim to have captured 18 cannon and
many prisoners, and state that after the en
gagement a proposition for an armistice from
Prince Frederic was refused by Gen. Benedek.
The losses on both sides were very heavy.
In Italy, since the battle of Custozza, the
details of which have reached us, Victor
Emanuel remains with his armies on the
southside of the river Po, while the Austrians
still maintain the defensive on the other
side. It is reported that Victor Emanuel
had called on Napoleon for relief, and had
offered Sardinia to him as a bribe. It is cer
tainly true that France is rapidly arming.
In South America the Brazilians and their
allies repulsed an attack of the Paraguayans,
who lost, it is estimated, 5,000;troops in kill
ed, wounded and prisoners. The allied ar
my lost about 1,500 men.
No material advantage has accrued to the
allies by this success.
For later intelligence our readers are re
ferred to the telegraphic column.
P. S. Since writing the above the tele
graph wires inform us that a great battle
has been fought between the Prussians and
Austrians at Luddowa, in which the former
The Austrians lost 14,000 prisoners. This
virtually ended the War, for Austria sent in
a flag of truce asking for peace and appoint
ing Napoleon mediator. She also consented
to the cession of Venetia to Italy.
It is said that the reply of Prussia and
Italy to Austria's proposition has not been
made public. Prussia's reply is regarded as
unfavorable. In London, hovvever, the war
was considered to be at an end.
An European Congress is expected to be
assembled as at an early day.
A Virginia cotemporary remarks that the
Northern papers speak of" Holden and his
friends." We would like to know who are
his friends, He may have friends at Wash
ington. We believe the devil has many at
the capital. This man Hoi den is urging an
act for the admission of North-Carolina,
which shall allow " none but loyal men to
vote, without distinction of color!" We
know what that means. It means that none
of the decent people of the State are to vote,
and that only the niggers and low whites are
to exercise the franchise. Holden has always
been known, in North-Carolina, as an un
scrupulous man, though a talented one ; but
we venture to say that his worst enemy five
years ago would not have dared to charge
him with this infamy into which he so
eagerly enters. He amazes his most impla
cable foes by his recent extravagances in
political iniquity. Wil. Dispatch.
What have we done to the Editor of the
Dispatch, that he should write and publish
such things about us ?
We have urged no act for the admission of
North-Carolina which shall allow none but
loyal men to vote, without distinction of
While in Washington Ave conversed fre
quently with Messrs. Sumner, Stevens, Kelly,
Wilson, Colfax, and other gentlemen of that
particular school of politics, and the subject 1
of negro suffrage was not even mentioned.
Wo shall not reply to the allusion to " low
whites." A man is not " low" because he is
poor or not well informed. And a man is
not " low" because he is loyal to the Union.
We tell the Dispatch in all kindness that
he 'and others of his school are "sowing to
the wind to reap the whirlwind." It is not
necessary to say how or when the wbirlwind
will come, but unless a great change shall
take place it will come with most destructive
force. We tried to prevent the whirlwind
that followed the disunion movement of 1860,
but we failed ; and wo fear we shall fail again.
in 1807. But we will hope for the best,
though the worst should befall us.
We appeal to the Editor of the Dispatch to
correct the above statement. It is not well
founded. The Editor has been misinformed.
The sbane nf hnnnpta nnrv in tmcrtm in
mwt-r IV M 4-& TUiUV U
Paris is diamond form, about three inches
square, irom iwo corners or wnicn hang rib
bons of nn fnnrmntia wirltli aKsiiit ai-r
eight inches I judge.) The addition of a
lien or a nanvnsi ineir riim.ic rrriAri nn lha
diamond, gives it a very recherche appear
T... :p 1 - 1 i . i
t . . . - -
uuk i& tne ijuuuuis 1 tien tize, vuo Wft-
terrau restores tne equilibrium. These are
made of threo French rolls covered with
horse hair, and tied nn thi. afr nftUn l.ool.
the centre loaf of bread sbonld be of larger
size man tne upper ana lower. Altogether,
they would appear most ridiculous on anv
1 . - T7 Y J.
uuia xieucu woman.
The following is a statement of the funds
on band in the. vaults of . the - Treasury on
July 14th, 1860 : Lesral tender. 4.176.000:
National Bank curency, $4,187,086; fraction
al currency, $44S,wi7,t)U; gold, . $ 33l.37U,y;
silver, $2,760; cents, $488;' five - cent coin,
$750; surplus issue of U. S. notes, $61,932,
425. Total on hand, $71,003,606,59. - ,
-iytf' For'tht Standard. -
s-Messrs,- Editors 7-rOur ,- attention has
been called to a communication that appear
ed : . in the Standard,:of . the 10th jnst., pur
porting to be a call for a-Convontion of the
colored, -people of this State, to meet in Ra
leigh on the 2d' Monday in.. August next, to
which our names were' attached. Now
justice to ourselves as well as to our people
demands a full exposition of the whole mat
ter. We would here say that the said call
emanated from one Albert B. Williams, and
a few others only, and also, that, our names
were used without our knowledge or consent
as well as contrary to our better judgment!
Had we have been asked to sanction the
call, wo would have not only refused, hut
would have opposed the whole scheme for
the following reasons : .
1st. We already have a State organization
that was formed by the State Convention of
colored men. that met in Raleigh in Septem
ber, 1865, " namely : " The North-Carolina
State Equal Rights League." The object of
which is to perform the very work that is
put forth in that pretended call. And we
are happy to be enabled to say that it is be
ing accomplished in some parts of the State
by our subordinate Leagues. .
2d. Our last State Convention adjourned
to meet again in Raleigh, on the first Tues
day in October next, at which time should
anything more be needed in the way of per
fecting a society or societies for our educa
tion in this State, that will be the proper
time and the proper place for all such things
to be acted upon.
3d. We have an Educational Society in
thi3 City that was formed in April last, and
we do hope that our people throughout the
State will pay no attention whatever to the
appeal of such a faction. It can only lead to
harm and no earthly good. It might satisfy
the silly ambition of- a few, but result in in
jury to the many.
In conclusion we say to our people, that
this being the busy season to remain at their
work until the proper time which will be in
October next, and then send delegates to rep
resent them in the regular Convention of tbe
State. Official notice will be given in due time
by the proper officers of the State League. 1
By giving this a place in the Standard you
will much oblige your very humble servants,
W. H. .MATHEWS,
Raleigh, July 13th, 1830.
SUMMARY OF NEWS.
Gen. Sickles is proposed as a candidate
for Governor of the Empire State of New
Admiral Farragut has been nominated
for the Presidency.
The Conservative Republicans of Con
necticut, it is said, are making arrangements
to send delegates to the Philadelphia Na-"
tional Union Convention. A call has been
issued at Montgomery, Ala., for the same
Gov. Hawley, Senator Ferry, and others
oppose the Philadelphia Convention, and en
dorse the action of the Republican caucus,
condemning the said Convention.
The President is said to be engaged in
the preparation of another veto, No. 5, of the
Freednien's Bureau bill.
Jno. M. Botts, Jno. T. Lewis, and others
of Virginia, and Capt. W. F. Hillyer of Fla.,
have written letters enthusiastically endors
ing the Southern Loyalist Convention. .
For Georgia, A. H. Stephens, H. V.
Johnson and B. H. Hill are proposed as dele
gates for the State at large to the'same Con
vention. The question of adjournment is strongly
agitated in Congress.
Gen. Sherman was in Boston on the 13th
inst. He was enthuisastically received by
Owing to the disturbed condition of
affairs in Loudon County, Va., a company of
cavalry has been sent there by authority of
Gens. Steadman and Fnllerton have
The State constitutional amendment in
West Virginia, disfranchising persons en
gaged in the rebellion, has been adopted by
a majority of C,922.
Randall Hunt, Senator elect from Louisi
ana, Dick Taylor, of the late Confederate
army, D. S. Cage, speaker in the Legislature,
D. F. Kenner, a member of the Confederate
Congress, Judge Walker, editor of the Pica
yune, and Mr. King of the Times, together
with many others of similar stripe, have been
appointed delegates for the State of Louisi
ana to the Philadelphia National Union
Tbe Mayor of New Orleans has closed
all the gambling houses in that City.
The Legisla'ure ot Pennsylvania has
ordered the painting of the battle-scene of
the field of Gettysburg, by Rothermel, to be
30 feet long and 15 feet high.
It is proposed in Nashville. Tenn. to con
struct, a drive around the whole City, con
necting the earthworks by which it is en
vironed. Our naval Squadron in the Mediterra
nean includes 12 vessels, carrying 141, guns.
A colored ; man named . Jeff. Kirk has
been commissioned by the Mayor of ,Colum-
bus. Miss., "to exercise surveillance over the
conduct and manners of. the negro settle
ment in the Eastern part ot the City.
On the 11th of August next the citizens
of St. Louis, Mo., propose to celebrate the
first centennial anniversary of that City.
The vote of the Tennees3ee State of the
Senate, ratifying the . Constitutional amend
ment was 14 to 6. There is still no quorum
in the House.
Gen. Logan will take the stump for Gen.
Geary for Governor of Pennsylvania.
The tariff bill has been postponed until
Strenuous efforts have been made to se
cure Col. Paulding's pardon. Up to the pres
ent, they have all been 1 utile.
Upwards of $80,000 have been subscrib
ed for the relief of the Portland sufferers.
Gov. Hamilton, of Texas, was recently
robbed of clothes and money in .Washgton
Two swindlers named , Ellis and San -ford,
announced an entertainment in Wheel
ing by blind Tom, on the 11th inst., and col
lected several thousand dollars. A "arge
audience assembled, blind Tom did not ap
pear, and it was discovered that the rogues
had decamped to parts unknown.
The Smith family have had 49 members
in Congress, while the Johnsons number, 29,
the Browns 26, the Whites 22 : tbe Thomp
sons, 21, the Joneses 20, the Wilsons 30, tbe
Millers 18, the Moors 18, and the Taylors
15. Of tbe 233 members in both bouses, 70
were born in New England, 40 in New York,
while the remainder are about equally divi
ded between tbe Middle and Western States,
except two born in Ireland, one in Scotland,
one in Bavaria and one in Canada.'
-A countryman in Atlanta, on the 4th hear
ing tbe."national salute" fired,, mistook it
for a renewal-of the. war, and left in baste to
avoid the conscript officer. ' ' ,
Five steamers sailed for Europe on the 14th,
taking $1,292,000 in Bpecie.