Fayetteville Observer [Fayetteville, N.C.: July 21, 1864]

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SUPREME COURT OF NORTH CAROLINA I waMaaltail ts*aat, 'he only reetriai ion upon It being that,
.• n k... i umi -«<<. of i '» raising and eupport'ng e-mien, "HO app'opr'Miou of
0 B ■ ;" '" ,M Hlb0" ^?_,.„ "one, to that uJ.ih.ll be for a ieap-r term than .wo
BDWABD a. W iI/TOM "1. T. H. G-VTMN
the writ rf rawrafarvlw IM ease briar* hrforo the
c-.- . - - - j f 'o JI.no-, the Chief
j;i ]..v • a l » IT* • sling jn •
wt • •'uifnt co-pit riMfaoM upon wVea thejadg-
B •, 7. i are s-»t forth in the priti-nof the
»i> ini, • •• he return of t!»e ofilior. aad
t QUO* I »n srhatMf t^o act of .the Con-f
r>rrov?d the 6th. day of, Js-uary
is ;! and <•-' ilcil '-An aot to put an end to the exomo-ti-
u frm military eervieo of thoae who have heretofore
fnro!sh;-J aWBatUntM," is canatltutinnil Tho aot is
ia threo wordf:
•■Where*-!, in 'he p-.~i"ot eironmetsnoes of the coun-try,
it requires iho aid of all who are avl* (o bear armi:
The Conjrett of the Oonfelerati Statei of America do tn-aci,
thai ao perajn sh*U be o»,-2ipt«4 frora military ner-vine
by rowji of ria having furbished a sub»ti.u'o;
bai Ibis BO* chall net he so ooostrued as to affeoi persona
Who, (hju.ch not l;*ble to rea.r.'r military Herri:?. nevcr-thrl-
: ;• aMed rabslltntea "
The CMef-Joavliae, in tlis opinira whioh he h»i nled
•s I Ill'iaallWJ of the r. aaois upon which his juJgme»t
wii f.u■:.Jo d, has declared that the petitioner, having
und'-r t■!.■ p-ovis. as of the aot of April 16.h 1.802, fur-
Blifhad a substitute and obtained his di?c2ar«e from
aallilary eerviee, made abiudlng extract with the gov-erns
at, n'.'cU Cosgress had no oeaetitu'.ioual power
tj vio'.at;. Tho quoetioa thus presorted upon the con-stilation
li.y of tie not of January 1064 ia ia-estod |
wilt mom utouj importance, and bis been argued bo-lero
ui wi.J v;rr great i.-»l an.' ability by the Counsel
in both sidfj 1 have grtm to tha ar^umeute all the
ooDoVeration la my p.war. sad ill proosed to state
«h<* conclusion -l whfa I I have arrived aud tha reasons
whioh hats ooa4n'*od m to it
Ti»o govrn-'enis whio'a tho eislgraata from Orjat
Bri-am ostebUaked ou this ooniiarnt in the lCii« and
17ta coiarieo w;rj larg !y imbual wi'.b iSe principled
o( I aa onun:ry from Walsh they sprang. And eTen wh?n,
in mo 18'.'» crciury. they se»«red the bands whloh had
OM-i'dsl theia with -lbs mother oontitry and Scoase
fro.- and in iep"'3dent S:«.'s, the new governments whieh
they farmed, though diU':.ring widely from tha old, still
re'«iioJ. ptrlicalarly in their Lefislalive bodin«, tn..ny
of the attributes and nuch of the spirit of Iho attion
from waiah tl>ey emanated. The source from whieh
L°(is!at;*o power w Is supposed to he deriTsd in the
a*tionM>t:rs of tie wes'crn oj-tiaoat was Tery different
from WJitii was in tho £jstcrn, hut the extent of power,
except in tee oisei; of a restriction by a wntun oanil.-
lu'.ioa. varied «ery iiltle ia the Iiegislttttres of the fro a
St»fca of Antsrioa fro-a that of lbs parliament of Great
Britain. 1*. nay aid us then, in our investigations, to
iaqu.re wb»t were the powers of the British Parliament,
an < what those of the several Amer!o*n Htatei prior to
tae fcrniViion of the government of the United States,
aul suhi-qu.'nt'y of that of tha Confo«*.^rale States
Ihe power and jutisdictln of 1'an.arosnt (says Mr.
Josties B:*ok;t>ne, quoting from Sir £lw*ri Oake.)
are as faijceadoat and ahsolute, that !t oannot be eon-flne^,
oither for owaes or psrsoai, within any bounds.
It h»tb eoveriiga and uncontrollable authority ia mak-ing,
oonaraii"g, enlarging, restraining, abrogating,
r»per»!ing, reviv;ng and sxpcuniiag of laws, nnitaimlag
■aUera of &:l pos Me Heuomiaatinns, eacl*sI*si'o»l or
teuipjr*:, alvil, military, Duiuoi 'r erimintl. * *
• * * It MO, in short, do ovsrythiag that ia not
n»tar»l!y impoajibl >, and therefore some h»vo aot soru-pled
to c»!l i;a 7o?er, by a figure rather too bo?d. the
"omaipot; atw of Parliament " la the exeraiw of these
v*et ;-o»ers. wo knjw thv. u? P»rliament eUiaad and
aoed upn tb? pnvilevc of violating ooa.rsa", aid of
taking away renei rights} woea it was deem-d that the
good o. tbo coaatry required it An interesting in-
*? •**• J->»" «*■« is ««ea ia tha statute of <) a3d
tu v n oh M, waioh opened the Court of f'ommro
Fieaa to the craoiioa of tha Bar gonerafly. Prior to
the year 1834 the Sergeants at Law hal had from time
unmaraonal thaoxoiusivepriTtlere of praaisiog ple»d-logandaudienaaiaiawOoart,
bat ia that yew hij M.ies-ty,
ii.ng WtUi»3i 4th, issued a warrant uadar his sign
manu»l to tbe Judges of theCaurt, oammandiag them
to open it to all the other members of the BirT The
Jud2»8 did so, and the Sergeauts, after acquiescing- la
tho oh*nge for a fow years, brought the matter to tbe
attention of the court, aad qnestlonel tho authority of
the orowa to take from them a valuab'.s exolusive privi-lege,
wj-.ah. froai tia very or.jm of tho ooart, had MM
vested in tbem. After a solema arguraeat, tho court ds-oided
agvastthe p >wer of the orowi to dj wa*t the war-rant
had oimn.adad. bat admitted <hat it mght bo
donai by Paruataaat, (SJS 87 Bag. C. h. B»p. 333 and
8 '- ;) aad it beiag a reforta wiioh the Vast interests of
theoaaatry loaial!d,i^wnacjjaipU8>.edby the statute
to whioh m* have rr-'^-isi li ,a ini'Uni*. to ii«
legislator; or -Jrav B i-.l.a ID 3»w, "Tiiat th .-igh Taey
pr.s^ess uii transoeadeat power, sad have snmotimea
abused it, tL^y have in toe ia*>'j bssn very dolio.tous t>
seenre :.jt»jt prirate rijita, aal to pres?r/e iavia^t?
Vue pob'ie Mtk.
We oaina now to ib', L3gislatares of the Amarlcan
States, after IkM -ai giiaej their in'epeaJonce.
When estib'.ishcd b/ tha people of thoir respeotive
States, thea* MdlM wer: bavwsted at ones with supremo
Lsgislativa y>wer, except in ins pxrtica'atsin whish
the psip'.'' IhMMelrsa, asassailled ia Convention, had
reams'. •! ii:tn '■;• wrlWen constilutiaas Saa Hoke vt.
Ilf.ierton. 4 I>37 Report 1 Am-n^ »he paw«M wiieh
thjy alslaill aid exe^iilsed, wa3 tint of resumog
griatei laaia, aad at u •i?T*'in ia'e.'fjring wtth fie
obligatuas of azsaotsi aat exom-. ny saatraaU. *MI
It proved oath by ft- ^.'.i'- l vai yi <"i~' a* r«aord< of
tha oountry VkseM: i' On */t oi Spetl 5 vfhM
Bep. 52') (1 -Ji-t i 898 i ;• . o rittag aaaa dlrMtlt i^
paiat fas fie:; are : -jiil B7 taj R'p,r;er bat
from the epiedoa of toe SaprtaasOoaai, as dalirer-J by
Caief Jaitio^ tl-.rshall, the cm willbesctnai fs'laws:
Tao safi was b- j.ight l; 11 ••.' rinit Cadrtof the Doited
btttea for the Distria; of K a ueiy, ta reaover a lot cf
land lying ia Bartstawa. Tie p.iiatiff claimed unJer
a patent ianed by tha Oamaouwaaith of Virjiaia in
17»0 A put o' the em: laid was a'tirwa'ii. iu
178S, gMatsd -/ ti5 L; •. v 1?, a? firgtala D other
PMMaa, and the deTaodia; o'.» aal aider theai. V
J5* * ware readared far IM Utter, apow
tbe grj : ;!.<; »hsa the aat ia ^aeatlos was r>a ied
years."' (See paragraph 11 of the i.rliole and eeetion
ref*rred lo above) Tie first duty of a nation is that
of -elf r-"rv.iri..n, and to that end ' it has a ripht to
OTarw fh'nir nece.isary far Us preservation " Vattel s
Law ofNaJloaa, Book 1. ch. 2. Sco 1§ and 1Q- The
fraoMa of too Federal oan«ii!ution, being men no le?a
d twuiMd foraprofomd kn'wjrdgeof the prinot
plosof gor-fnoject f.an forratrlotiBio, knew this and
aoto'' acoardin'lj. Thoy were mailer-workmen, aua
i-> ihee^ifla^of govornmant which they ereotcd, tte»
t:ok eepsoia! oare that those far whose use it was in-tended
shooM >>avc ample means to proteot it Hence
we Snd in the 28d No of t»e rederaliet, *>r. Hamilton
declaring that "tho authontie« essential to the eare «
th» II liases 111 defeno- are these: to raise armies, to BMW
and equi|> fl°et«: to r.r-soribe mles for the government
of hctb; to diroot their operations; to provide for their
support. These powers ought to exist wilhout Uauta-lion;
beoa-ee It is impossible t« foresee or deflno the
extent and variety of national exigencies, and the cor-rospindeat
extent and variety of the meaas whioh m»y
ba neoetsary to satisfy them. The oiroumstanoas that
cndaagT the safety of nations are infinite; aad far thio
r-ason no oonstitutional shaokles can wise'y ba impoocd
on tha power to whioh the care of it is oommitted
• • • * Thi< is one of those truths whioh. to a
onrreot aad uapfjudioed mind, carries itsown evidenoo
along with it, aad may be obscured, but oannot be
mada plainer by argument or reasoning. It rests upon
axioms as simplo as they are universal—the means ought
to be proportioned to tho sue'; tho person" fron whose
airrno- the attainment of any end is expected, MgM '0
pesscso the means by whioh it is to be eltainod. ' To
the same effect speaks Mr. Madison in the 41st comber
of the esme work: "la the power of deolaring war
necsssarj* No man will answer this question in the
negative. It would be superfluous, thorefare, to enter
into a proof of the affi matiw ••»••* Is
the oowor of raising armies aad equipping fleets neces-sary!
Tale ie involved in tho foreiroing rower It ia
involved in the power of self-defenee Bat was vf
neoessary to give aa laoiTtaira powaa of raisitig
raoors, as well as p-oviding fl-e's. and of maintaining
both ia raaoa as well aa in waat Tbe answer to these
questions has heen too far anticipated in another place
to'admit an extensive discus-ion of them in this place.
The answer indeed seems to be so obvious and oon-olnsive.
as noaroely '0 justify enoh a discussion in any
place Wi'h what ootor of propriety oould the force
neoessarv for defence be limited by those who evicot
limit t'-e foro« of offense? If a Federal co'ittiiutiou
ooald oiiain the ambition, or set boends to the t x-rtl»Es
of all ether nations, ih-m indeed might it prudently
ensin the Uisaretion of itn uwn gorerainaait, and set
bounds <o the exertions far its own safety."
The views of thesa em<n at statesmen and patriots,
as to Ihe unlimited extent of the war powqr oonferred by
tht- federal 0 institution upon tha government of the
United Slates, have nerjr beeu called ia question An
inspeotiou of the oomtitation of the Confederate Stales
will show that the same.ua'iiaited war power has bean
oonferred, aad in almost tha same terms, upon the
Confederate Government Thus, in Article 1, See. 0,
it is deolarod that "The Cougress shall have power
(pi r- 11.) to doolare war, grant letters of marque and
rep oisal, and make ru!*= contenting eaptnres on land
anci wate': (par 12,) to raise and support armies, but
ao appropriation cf money-to that nse shall be for a
longer term than two years: (par. 1'',) to provide and
maiitMn a no •>: (par- 14.) to make rules for the gov-erora
;et and regulation *f the land and naval (tMes:
(par. 15.) to provide for oaUtag farth tha militia to exe-cute
the laws o' the Confederate States, st.r press io-euri'eotioas.
and repel invasions: (par 16 ) to provide
for organising, arming and disiplining the militia, aad
far governing MM part of them at may ba employed
in t ae servics of the Confederate States: reserving to
the Slates respectively the appointment of the officers-,
anJ the authority of iraioing the militia according lo
tbe discipline presoribed by Congress; (par. 18,) and
to 1 aake all law. whioh shall be necessary aad proper
for sarrying into extoutica the foregoing powers, aad
a" otaer powers vested by this Constitution in Ihe Gov-ernment
of the Confederate States, or in any depart-ment
or officer therecf "
A government, thus invested with the unlimited sove-reign
power of deolaring wa.-, and raising aad support-
'n :■; aroiies, and possassing also the s.'areely less re-strictaJ
sovereign powsrs of taxation, of borrowing
money, and of regulating oommeroe, (see Constitution
o' Ihe Confederate Stales, Art 1, Sao 8, par 1.2 and
3,); must have aitaahsd toil ^10right of saBhMSl domain;
for this right is an essential and inalienable attribhte
of soveroignty. It is so essential aad so inalienable (hat
.h 1 sever*! o.aws retainod it as coaneoicd with their
privilege, and as each i' may he a thing
it was liable to the control uf 1 >■ «over
of ite right of tmintnt domain, or iis po'
the services cf a 1 the up .n-heating p-^
oouolry. It canno' po.'Pio'y escape the opSJMPM ef
one or thv cthor of t.-ooa two great prerogatives of gov
ernment. Had i: fall, n under the first, then t just
compensation would have been due to the owner: bat
being under the eeoondj the oonslUution makw no snob
provision in bis favor li resemble", io the rospeot of
being perponal and ir ilioaable, tho ri*ht wh oh a per-son
may ':nv - iu an effice, and it ia elearly estabv^shed
that when the necessities or the good of the oountry re-quire
it, the offieh may be abolished, though the effeel
cf it will bo that the officer will be deprived of the
emoluments without any olaim to oompeosatioa on that
Recount. Bake vt. Ilenderton, 4 Dev. 1; BulUr as.
Venntylvania, 10 How Rep 41H Tse nsoessities of a
nation, as of an individual have laws of their own, and
that is the true meaning of Ihe celebrated maxim, that
' neoes'lQr hss no law " It has a law but it is the
law of esoeption "Thou shall not kill," ia an injunc-tion
of the law, divine and human. Thou tniyest kill
iu necessary defenon of tpeir own life, is a precept of
tho same law, of no loss foroe than the other
1 have consi-'cred this oa-e without adverting to the
faot that Walton does not rdlsgo in his petition that
he paid tny money or other valuable consideration to
b>s substitute to induce him to became such. If he
»■'» entitled to any compensation, 'hen, it would be
difficult lo asoertain the quantum. But the view which
I have taken of the oase, renders it uane«essCry for
me to say any more on the auljset I have alluded to
it only for the purpose of showing fiit I had not over-looked
the allegations of Ihe petition.
Having, M I hopa, vindicated successfully the pow-er
of Congress ta revoke whatever right or privilege
Walton had acquired by his supposed contract with the
government made under the sanction of the act of April
16th 1862. I will endeavor to show what was the true
nature of the oontrao., if oontract it were Parties who
enter into a contract, necvsjarily do so with referenaeJ
to tbe existing law. If they use terms aprareatry -ab-iain*
a^ve r.'caiatn* aavare2ignti'?a notwahotandiag tse
UMJMMI ■ • 1 [tat1 United Stateshftl not bet
was an e aeoiM oa'vi
granted t> aanier
"»' t^icn frees aim ~,ai
>l 11 ■
pit»T. aoi y.', it Wl tamed h7 t -., a<v,M. onTl ;n tue Uaiwl Sl%l(a ^
ingaja!gaa..l, net STOM of tbe d'-ate c-arta, bui of a
D.jtrioi MMt of ma Hatted Baatea. Tsat wis one
made in which ti. obugafloa of 4 „„.„.. WM Tlo, d
Another very oomav;.-. oao wae eaon ia the r,»3,*« of
laws b, wotoh "woKh'csi lanis and othar nVeperty of
no value to toe oradttor were made a tender inMM
ofdebts; and the tic, of p.ym,at stipulate i in the con-tract
wae extealed." 8es 8-vgit vt Crotcninthi-ld
faweoMlasivelytaa. >h, L .Vacr^ 0' tho d.ff.wni
States, ?r,.rtn tao tdoptkm of toe P.lor-.l Ojnrt:,a.
tioa o:..;.,l!;i inepowrw violateoMtrMta wtomrrh
the CoursW .Matfala i (a tMetioa their ,0„ by
adjadiontons ia favor n." tUsm. '
L?t M new see wiist powarj were ve-ta" ia f 0 Ccn
gr„, or.ao U.ited BtatM, The Pederil gwarnniMt
was eatan ished by the , aoata of ti8 «v.-ral Sta™r.in
order to form a more perfect Dai n, e.tabliah j t,-,tiCe
insure dome.tto.tranqut!ity. provide for th, MM,
defence, promo;, tno gjnril welfare| and M^
ble?a;n»s of liberty to themselves ant their OMt-Uv >■
To sccomp:no thaw all important arjeats each Vale
surreud re 1 a portion cf its saveroianiy, and vested it
in Ihe new governme-t. The attributes of sovereignty
thus given up were thess which conoeinad tbe for" -n
relatioct *f the gavernuieat Ti«, wc find r.mong the
enumerated puwars of the Federal oonstitation the
great ones to i*j and oo'leot taxes; to borrow money
to regulate oemmerce; to deolare and caaduot a war
and to rise and shpp-rt arauei and navies. Three.
powers acre osseatlally and absolutely neoassary to
eoab'e the Coiled States to take and maintain its stand
among tho nations of the world By looking at the
oonsututioa, it will be seen that the powers are given
with very few express restriotions. and with none im-plied
except what are neoessary to the oontinucd exis-tence
of tho Stale governmsnts. Wharo It is sail thai
the Fed-ru EO,0TOme-t u one of limied powers, i: is
Swe°r
peace,
litnitt
regulv..., ooamwe. Is^^My^l^T^!
able au- iu.:r,;..i,.^ ..XMsition of the nature and .x-cat
thereof OMtadaed n the op HUMS of the JstdMs iu S
g«a.oM.l.fO.0*(,«e.. 0j,den.» Wheat C,W
Curtis 1;) and as ta tae power of taxition, in th« nnil,
JfcOaaor.v, Statt vf Xurylani « TVue.t.-Ben SS tl
Curtis <I») Bat it is the-w»r power of the FeJor.1
goveramtut which my argument requires me more par-ticular
y to consider. It is contained ia the oanat'tn
lion of the United States, Art. 1, Sec. 10, par. 10 11
12, la, 14, 16 and 17. This power issi,'aij,ia u,.'meet.
gritat cawor? waien- idey sorreaitorva tv toe geaTerai
go reramonl »ad notwithstanding they had also tarren
dered the power of passing anr "law impairing the ob-lijTA'iou
of contracts." See Raleigh and Gotten R R.
Co. e« Daci: 2 l»ev. and Bat B:p. 451; State vt Old,
7 Jones's Kap 321 This right of eminent domain is the
r. --,: which belongs to the sacisty, or to the sovereign,
of dispasing. in i.ase of necessity, aid for ihe public
safety, of nil the wealth ooctainel in the State. I> Is
evident that this right is, in osrtaiu cases, naoeisary to
bim who governs, and oansequeally is a part of the em
pire or sovereign power, aad ought lo be placed in
taa Bnambar of yie preragaiives of m.<a.f Whoa
1 icrafa.e, to* peepic oaafer the empire on any ono, they
at tho sane lime invest hvn with the eminent domii.i,
MSB J it 'ia expre<stv reserved " '^e Va-tetl's Law 0'.
Hatioas, Baok 1, On. 20, SJO. 241 The Coafadera'.e
r^vernmsat mas', alia pisseae, as an inseparable itci
•laat of .'s sovereign power to declaro war and to r»i-e
trm es, 'the right to oommsnd the serviaei of all its citi-z^
ujeapa')!e i' blaring arau. "Eve-y oitiua (s*7*
Vattell. Biok.S,. Ch 2, Seo 8,) is boaai to seres and
d-feni ihe 8iate as far ai he it capable Sao'ety oanno>
stMrwise be maiatained; and this oonourraace fjr the
common dofenae is oa* of the principal objeots of every
politiaal assooiatiin. Every man oapaal.- of carrying
areas -houll tax* them up at.tha first order of him who
has tno power of mazing war " Othar wrttsra on gav-irsasatt,
of grant cminanao, havi laid Uown tbe same
dec riao. So-; tae au'horities r»*errei to in the oase
o." Ei■ p-irte i'a'.j, deji led Ky the 'iuprrme Court cf \la-
L.ici »■ |ts last Jaauirr To .-a
Aathe Oon.'ederaia jov^-^maatp 'Sts-ioed Ihennd mated
rlghl A eminent drtnitn ^oasi wao f.-anie 1 its joniiiiu-
HM deeaaad U proper siat 10 restne'. the eterciis of it,
fir thai would have hew highly impoii'lc bu'. lo r*ga>
late it 1; diolaring that prirare p.-oaart/ aba'.! not be
ta'tea far public \m without jait oimpeasatiaa. (See
OMMitBltosi, \rt 1, Saj. 9, par. 16 ) But thera is no
rer.r.c'.'.on nor reguiaUaa whatever In th) constitution
Qi tha pawar of taa gav;ramoit ta cam oaad th; sar-visei
of all. its arm.) bsariag popilitioa, unl v; J II be
do! uel sush that, for the raising aid supparting of
armies, there shall ba no appropriation of in >nay for
a loagar term than tw> yjirj (SJO Mr. Madison's
artioie oa this nbJMt in the 41st naaibsr of dhe Peda-ra'.
ist.)
If I aav? SUMTJIJ! io sh>wing, as I think I have
lua'. toe 1: -v' ■! r „ ■ Qnierameat poisesses the right
of eiBi'isat domain a-id h»] »lw» tho power of command-ing
tae servioes is 1:1 way of all its oius'ns oapable
of bearin- arm. I am oreawel u prava that Ca-i«re39
is oansiuittonai pawar, by me sot of tha 6th of
solute, but to whioh tbo law annex's a condition, snhh
condition will af cour e be im*H< d Tho distinction men.
tioue.l in the books between express and implied condi-tions,
and exprtas and implied oont-aots, is founded up-on
this principle. So if one of the parties ta the eoc-trtot
possesses the power (wuch under cortain cireum-stances
It will be its tftity ta exercise) to annul, (he qth-er
parly must necessarily be supposed lo eater i"to the
eoutraot with the underetan Jing 1 hat it mty, under such
oiroumsttnees, be anuulled The pjrty having the pow-er
to annul must be tnken to have ras«rvcd it, whether it
be.expreesed in the (eras of tho caotraot or not, and
the other party must ba 1 .Is to have ticitly aequi-esoed
iu tuob reservation. Gcv-'rnment is the only
party which oaa have ihe right t :• tmtil a oontraot ta
which it is a party; and when the exi-.o.ioy arises which
(_reqai-es] ahe avoidanoe—when it way be thai the
very salvation of the natu u depend' upon tuoh avoid-ance—
the government wauld be fnit bless to the great
trust confided ' 0 it if it did not proceed faarlerely to
the fulfilment of its duty He who contracts with tbe
government, then, cannot oimplain that the govern-ment
avails itself 0: its power to put an end to the oon-triot
in virtue of the ooaditioa iarr-liedty annexed
to it.
Tae«e oousiderations have !od ms to ihe conclusioa
that ("ongress had tho oon^'itiitianol power to p%-s the
ect of the 6th of January 18 >4, and thai in doing so,
it -'id no* violate its faith with tbo princ'rals of suhs;i-tutes
by calling them again iota toe military c-rvlce
of the couat.-y. Iu earning to this can-ioairn, I have
aot availed myself of Ibe authority of tv'juJications made
by the highest tribunals iu several of our s.ster States;
yell think I might r:ghtful!y have done aa The law of
Congress was intended to operate :n each and all of
the Confederate Sletoa It would be uoeqial an!
therefore anju't tha1 i> should lake effect in some of
tbe States and not in othera. The State courts have,
upon writs of Habeas Corpus, take a concurrent juris-dicioa
with those oflho Conf-derato 8tates, ta decide
upon the constitutionality of >he sots of Congross, oall-ed
the oooseription aoti. and with respeot ta them there
ought ta be aa much uniformity of decision as is uraoti-cab'.
o. Impressed with this consideration, and knowing
that the oonititntionality of the act of the fith January
1864 had r-eea heretofore sa^'ained by the Supreme
Court of Appeal) of Virgiaia, ia the oasa of Burroughs
vt. Peytot. by the 8upreme Court of Georgia ia the
oase of Fuigerali and ethers, and by the Supreme Court
of Alabama ia the o»se Ex parti Tale, 1 should.have
been reluctant to. have ooocu.-red iu making a different
deoisiaa. The judgment of his Hoaar. 'be Chi'f Jus-tice.
r«nierod in veati m, was given before either ef
ihe adj-jliwions, to watch I hare referred, was -nade
known, and of course he oauld aat have been inflajnoed
by that weigh* of authority, wh;oh wauld n>w. ware
uiy oenviottoas dtneront from what they are,
on ms.
As aay brother Mealy MMaVI in
whica I have arrived in this oasa, th; Julgmeu', given
by tne Ci'ef Jus IM in vsoi'.ion, mna: ba rce-sed win
ooeta, and the patitianer. ElwarJ 8 iV.L.a be sar-rendared
ia 'he oustody of the I 'cii., , p. ,1 Qatiin
CASUALTIES IN N. C. TROOPS.
FOB THI 0B8IRVBB.
Naan PBTBasBOBO, V», June 26.
Messrs Editors: Siaee my last list of casualties fur-aiahed
of tbe eotrageaient at Riddle's Shop, wa have
had the great misfortune of loeing tha following on
Wednesday, 22J last, ia an engagement abont 8 miles
sooth of this place, whioh you will pleaee publish for
ihe information of those who feel interested:
field A Staff—Wounded: Col Jno Ashford, foot plight.
Co A—Killed: B W Mareddy. Wounded: We H
Davis, KToiaa severe—prisoner.
B—Killed: 1st Sgt B 11 Joyoe. Wounded: Newton
Charles, severe.
JJ—Killed: Marehall Vai.u Wounded: B R Jaoksoo,
hip severe; Sgt J W Lindsay, arm slight, Ei Johasaa,
shoulder eevere
D—Wounded: Sgt N J Lewie, suoa'der and leg severe.
E -Killed: B P Brooks. Missing: B J Bolton, Alex
•anton
F—Wounded: Sgt N K Sigman, thigh severe; slfred
Silssr, shoulder; M Clon<ger, side Blight; John Fox,
arm amputated
G—Killed: Sgt L W Morrison. Wounded: O H
Looper, mortally; W H Leakey, area amputated
H—Woaoded: A 8 Gadd, arm amputated
I—Killed: M S Beam. Wounded: W P Pannoll, foot
severe; E N Harrell, faoe slight.
Beoapitu'a'.ioo.—KUled 6, wounded 16, wounded and
missing 1, missing 2—total 23
Very respeotfully, &a., D. M. MoINTIBE.
Adjt SRth N C T..
■
press np-ihe
sonclueiaa at
au'ury 1881, to c»il into the military serviaa 0f the
■oootry tha potHloaa*. W»r*.«T»o.wi»hs.»oi ng he h-d
pravtoujly furnishai a substituto. The oaly obstacle
between Walton and the mver'naalt an'/r'.T*""^"
the efftct or the ao, of lj|SaS 186*"* f^J* »"•*
ta graat an exemption a, a mat'er of" «, »„, e"*1'
yet I insist thai the government M**K^!SS5
ever the neeessities of tae oauntrv «hm,HT. '. ho°"
anuul and disregard it. Le'. us If, SSS r«^ulr«. K>
Of the right or iatereet whioh Walton "^^tUre
virtue of his suppoaed contr.at. Will «t2S? hj
something ia th, aatare of property „ . S2T* or
•1 privilege. If it „re MM \TS£, I SffiS
to imagine what it was. The oouusel SuZ * los9
lioner say that it was |S>S VTfcta! ?," p,oli-
Sttposs itWM. thea the tWVwrjsS^ had « "Lnh",
ri;,ht ta take it upon making jM. -**£*+>*
onner, as has already been clearlySSMS But
it pannot bs reg rded as property iB,he ssa-e in *fi*
that term is uted m lbs coaotilntioa V Mmaaah.
' ta-n" from tne owner. It oannot be liable, to, t"'
ti». neiit of his debs; andyetitisa well eHt*l,;i,j,dDrln
arfla oriaw that a m.^o oannot own pioporty.in tbaRZ
acuse of thai term, of any kind, ra.1 or paraonal in nL
aesstJd, in ex-
Which oaniiOt.
available by
maade
pos-
|<M. Qrivet vt. Dolphin, 1 Simoas Bep. 68- Piereu
Robert*, 1 M/lne and Keen Bep. 4: Snowdrn «,
Dole,, > Sim. Bep 624; Jf«4a« vt. Urbane, 4 Ired. Eq
Kep. 131; xtesyA v Creee, 4 Joaci Eq. Rap. 296. It
eerme to me to be oertain, Uen, that Walton's exemp-tion
from military eervies WM not "property" whioh
could be taken from him for public use, and, not ba 07
suet, mere was ao obligation on ihe government to
make compensation. Aa WaltM's exemption fro. ^jr
Ou'rayc in Uam/ine Omntg, Vu.—Tho fol-lowing
account of the villainous oonduot of the
yankec, says tba Richmand Sentinel, is from tbe
pea of one of the most estimable an i patriotio
ladies of Caroline:
I have thought frequently I would write and
giro you some aooouat of tho outrages committed
by Sheridau aud his gtng of thieves. Wc had
saved our horses from Grant's army, by reading
them ojT, though 0 :c horso and a ?aluaDlc negro
man were captured alter leaving home; but my
husband escaped with his mules and my pet mare.
Our county suffered terribly from the 'enemy.
Houses were sacked, all provisions takon, and
ladies' clothes, jewelry, plate, &a., stolen. Some
fow of our neighbors saved a small portion of corn
and msat by hiding it, bat reserved it only for
Sheridan and his gang, on the evening of the
15th Juao.
* * * Our moat house was soon rifled of
its contents; all of my nice meat, fish, lard, but-ter,
milk,.flour, meal, wioe, Su , were soon taken;
my basement was soon filled with tho vilo, dirty
oreaturcs, and they stole almost everything—
knives, spoons, plates, buckets, &o &a. Mary
found they had left in ono barrel about a peck of
flour and a little meal; she seated herself on the
barrel, and saved it notwithstanding their threats.
She told them nothing but a bullet oould move
her from that flour. They could not find the
harness, and wo thus saved our carriage. Thcv
even took tho bread that was rising for supper,
but one of the negroes begged it from them. The
servant's houses were all searched.
Our neighbors huve all suffered. Father lost
nearly everything. Somo of our neighbors have
lost all their negroes, all their horses, mules, cows,
sheep, hogs, and all their provisions. The coun-try
is, indeed, desolate, but if we can' whip fheta
well, we will count our losses as nothing. I told
the yankecs thoy oould take all wo had, but I did
not tear Ood would let me starve.
A siok yankoe who had bcoa lefc at our house
by Grant told them wo had nursed and fed bim,
but it had no effect. A lady henrd one of tbe
Generals give orders as sack the houses of oitixens,
and to take the men who would do it.
At Mrs.* they found the wiae used for tbe
church. She told them what it was, and begged
thorn to spue it; but they laughed, and oalled for
others to "come and drink the blood of Christ."
I felt no fear of them, and let them know I was
a stronger robel than ever. They said "even the
niggers here were seoesh." A negro soldier said
if he had his pistol "he would blow that old
aooesh woman's head off," referring to my aunt. I
never listened to suoh horrid oaths, and suoh vile,
low language. They had no human feeling, but
were worse than wild beasts. Tho offitwrs were
m better than the men. My doar littlj boy (only
t .0 years old) wras a heavy loser. They carried
* f his two ooita; his pet lamb they killed before
■ its eyes, and stolaJus oup, knife, and spoon. The
little fellow ran~fi»nong tho soldiers and horses,
and caught a pet chioken and held on to it until
they 16ft.
FOB Till OBSEBVEB.
Oaair or 5TH N. C. CAVALXY. June 4. 1884.
Casualties in 6th N. 0. Cavalry elnse May 7tb, 1864,
M»j. IM H McNeill. Commanding
Co A. Capt HoKellar, Comd'g—Killed: Henry Har-rington,
Oa> ton O Baldwin. Wounded: Sgt O L OhM-Mtt,
Corp Wm F CampbeU. Privates P N Smith, W M
HyMrt, F R Rose, W A Matthews, E J Htrrmg'on.
Wee* JioU-od, Kenneth Molver, Haywood Hargrove, S
B, U J J Moore, Comd'g—Killed: Corp W A >U>rlt-lon,
Privates Onilford Sai'b, Jno E Hill w nnde':
Pgi Jos B Taylor, Jno W Jones, N H Bcio.au Missing:
Washington Thomas.
C, Capt B F Shaw, Comd'g—Wounds.: LttiO Par
riok; O W Smith, h floodr'.ch. Missing: Oeo W High
mith.
D, Capt J M Galloway, Comd'g—Killed! Sgt Isaao W
Hughes; W H H Barnes, J D Winer, Jno T Prioe
W'un'ed: Corp F Sales; A F Delanoy, 'no C Moore,
•'no Taylor, 8teph*n Moore, Z Barber, Jas H Smith,
Wm Raj, H la P Watson. H E Paynes. B F Sparks, Al-bert
Wall, H I. Watson. W T Wiil-ams, W Watson
'■'•■•sing: C T Oregin, Janes Q'ogaa, A J Oils, Levi
Da-cos
E, fapt T W Harrise. Comd'g—Killed: H C Alrlred.
Wounded: Capt T W Harries, Lis A P Gilbert and Joa
Tyser Sgt J B Stedraeo, Corp W C Mean; Qeo W Har-ms,
Jas W Norwood. E D Mann. W J Mclntosh, C M
Poo, H C Farrell, B H Atwator, J as Penny, W H Burl,
Jao W Siler, 8 H Diok-ns.
F, Capt J B Bruin, Camd'g—Killed: W L Mid-r, Q
L Bighaui, W S Pralher. Wounded: Lt C L Gibson B
a Da-idson, R I) K-ir, R Tredewiok, Worth McDonald.
P B Means, C I Tarrence, Carp W N Alexander: Miss-int:
8 F Ludwiek
G, Capt J n MeCleaahan, t: i-ad'g—Wounded: Sgt B
F Harring*«B, Corp V R May, Caddy NeaL Missing:
D Hhart 1 F Cratohfield, 8 H Long
H, Lt Pearson, Comd'g—Wounded: Lt Jos HowelL
Co-p H Blarly. Sgt F Plem'ng, W H Powell, L E Brook,
J B Howard, J W Martin. B MoClamma. F WUlianu,
D H Dwigeina. Missing: Corp J W Shores; J B Hol-roan,
J R Kerfees, M4Miaer, W A Brandon, M H Baine-gar
I. Capt N P Raakia, Comd'g—K.lle I: Sgt 0 F Nanoe.
Wounded: Lt Sam Haaaer, C V HUes, J S MaNee<y, V
C MeAdoo. G B Troxler.
K, tat E B Lindsay, Comi'g—Killed: Aaron Brewer,
Wm W Johnson. Wounded: Capt J E Waerlon, Lt W
1' Wkartoa, 9e.i J C Alsorn, Corp B Cameron, J 8 NeaL
F H Alley, Wto Lie tie, A T Neal, C B Askew. J H Cor-noliui,
B C Brewer, J Cagle. Misting: W H Womaok.
Li Theophilus Holmss on duty with the Reg't was
killed GEO J. MOORE. Lt and Aot'g AJj't.
Joa THK OB8KBVKB.
Fifty-Firjt NOT. from June 21 to 281, inolnsive.
Field and Staff—Wounded: Col H MoKethan.
fo A—Weuadad: J R Brothers. Miasiag: L Aston,-
M E Diekson
B—Wounded: Mr Walters Missing: J Sanderson, R
lacker. A J Smith
0—Wounded: E len Prioe, J Prioe—sines died, T F
Da;i, B H Merrill, C M Wade. Missing: L R Mathis,
W 'ones.
S—Killed: H Dallas, R Graham. Wouaded: Sgt W
B Boon, W Malone, N D While. D A MoGougan. N M
Wnite. W J Humphrey, .1 A MoDonall. Missing: Corpl
D CarUle, A J Shaw, J A Saaw, R A Busier. W H
Boon.
E—Killed: Corpl O Thompson, W A Tha-npson, H W
Inman. Wounded: Lt J P Pitman, 8*t G W M >ore, W
Prevail, J L Bullock Missing: L*. F F Floyd, Sgt K H
MOTO. B Orimsley, W Gregory.
F—Wouaded: D Aiphtn ' Missing: Corpl B J Have.
H L Baxley- -»w—w
G—Killed: Corpl E P Hinttn Woundol: J Ellis, F
G visi 1 flight, J G Hall. 8 Knowles, Marl>y Mcrritt, J
N Register. Set M King Muaingl Lt B A Gawan, M
B'.aaton.
H—KiUt>>: D V Flinn WaandeJ: Lt J A Mearea.
A Vau.'o. Sgt N A Maultuby, R Long. Missing: Sgt Q
M Crowa, u liuruey. L 11 Butter.
I—Killed: Corpl H J Deughtoy. W.T Ledoetter.
Wonnled: W H Adams, J E PaUlips, H*J Bain, 8 MeD
Parefaot slight, W N Bail'ard eovero, Csrpl W J Blen.
Missing: D J Cnlbreth.
K—Wounied: Corpl J W Laytoo. A A McKethtn jr,
J Ran MisBing: W B Jordan, L Jaokaon.
Reoapitnlation—Killed 9, wounded 40, missing 2«.
FOB THI 0B8BBVKB.
Ccmpaay K, Forty-Fourth NCI'. Kirkland's Brigade.
Battle of Wilderness, May 6.—Wouaded: J W Helgc-potli.
head; Jao Baker, finger; Calvia Wood, finger
Blight. Missing: Sam'l Harries, supposed killed.
May 10 near Spotlsy'.vania 0 H.—Wouaded: Ga-rge
Merritt, right breast; Rutfia GriOo. hood; Rufue Wood-ltef,
back; Sgt R H 8t»-k, thumt'; Lt W P Oldhaic,
loft thigh slight—-utu.-n-d to duty.
Kear'Henover Juuotiao, May 23—Wounied: Be j L
L W»I<in 1. thigh—on skirmieh.
Near Atlee'a Station, May 29—Wounded: WJ Hight,
foot—lavJ-nul.
Bethesda Churoh, Jaas 2.—Killed: Jas M Gilliam—
on skirm sh Wounisd: J 0 Wood, shoulder; Paililp
Lanier, thigh; June 3, Lt W P Oldham, head.
atmK***!m,L5f, • •"** """m- g«vo another
the Ue and a ol.allcngo followed. The mathemat-loe!
tutor of the college heard of the dispute and
•Why? "quired the mathematician. "Ue £avo
me the «£ "Very well-let him prove it.8 If
he PTOTM it yon did he; and if he does not proveJ
it, he Im. Why should, JOB ahoot one MrJthatr
[laM OiB> pFoTa !»,»
aTOB THI OBSBBVIB.
p"aMBnao, VA., Jane 28, 1864.
Messrs Eiito-s:—Knowing the deep anxiety felt by
persons at homa, for their friends la the army, I adopt
your psp-r as a medium of oommunieating, briefly,
with the friends of the "Cumberland Plough Bays "
Without giving any detailed aosonnt of cur operations,
whioh is neither neoeasary norp-oper, itsnffioei to say,
thai, we reached this place last Thursday (16th) and
hffwa been und-r fire about half the time sines, but with
only slight loss D J Godwin was woundad slightly on
'he I6ta and Charlie W Qainay was killed the 18ih ins'..
Charlie was a goe<* boy and brave saldi r, and endear-ed
bimaolf to ail by his amiabio and gent's disposition.
Oar boye, notwithstanding tha hard sarvioe of the
<ast two months, are in ihs best of spirits, and aoxions
for 1 he enemy to advanoe; coofi lent, when they do eome,
that they MB pravo tbomseves worthy sons of their
good old mother. We are getting excellent rations now.
Bisiies plenty of ma>t and bread of good quality we
gat full rations of sugar and ooffee, whiea, yon may be
assured, is very aooaptable at any time an 1 particularly
so now. Let oar rienie at homo rest assured, that we
are all right, and ready to rive the enemy convincing
ev'denoe that "Tar Heels" do not intend to he anhju-gated.
A PLOUGH BO V.
FOB THI OB8IBVIB.
Charlie C Roberta WM killed on the 6th May, while
nobly fighting for his oenntry, in tbe 1 < 1 h year of bia age.
He was a member of Co H, 26th "eg't NOT
Farewell, dear Charlie, yon have left us, and have
gone te join your brave comrades who have fallen bo-
IOTO yon, to sing Hallelujah, the Lord Gad Omnipotent
rdgneth. Thea mourn not, dearest sister and friends,
yau are only parted for awhile; love and te've the God
h> loved, and b/ and by yon will meet hia on Jordan's
happy shore to part no more. a
••Victorious his fall, for he rose as he fell.
With Jeans, his Maker, ia glory to dwell;
Ue hath passed o'er the stream, and haa reached the
bright coast,
For he fell like a martyr, ha died at his post."
July 9, 18M. Corsis M«**».
roil THB OBSXBVBB.
In Heepital in Virginia, recently, Serg't N Foster,
0* <-o E, 26th Nil T. Ha WM a good and patriotic sol-dier,
beloved by all who knew hia He came o"t at
tbe commencement of tha war, participated ia many
hard ftmgkt battles, received a eevere wound in ibe
battle or Gettysb-srg, WM a prasMei' at David's Island.
Ba leaves a wife, father aad mother, to
Wa eeeply ■■sm/hlaa wttm thaaa.
FBOM THE NOBTH CAROLINA SOLDIBBA
ooaaasFoaDaaoa or THE iaTBnavTi.LB oaaamvaa.
OAMP NBAB PITEBBBUBQ, July 12,1864.
Messrs. Editors:—Again doth ye veritable
"Long Grabs" intrude hia royal ugliness among
yo "rebels." Aa opportunity may present I will
endeavor to give you whatever of interest may
transpire around me. I presume people do not
expect me to write continually, and consequently
I suppose no apology is necessary for my negli-gence
for somo months past. In faot, it ia just
exactly nobody's business where I have been or
what I have been doing; but if the folks must
know, I will tell them. I have been on "detach-ed
duty," mostly at "Fort Ransom." Details of
this kind are seldom allowed, because very tew of
the applicants are found to be sufficiently compe-tent
and qualified for the duties. Should any
arrogant "rebel" make a disparaging refleetion
about this special detail, ho may consider himself
challenged.' Suffice it to My, that "Long Grabs"
has turned up all right again, and in a heavy
game that has just been played he has taken the
"odd trick" with the aoe of trumps, and "honors
are ewy"—as it is written, "you had as well try
to dam up the waters of the Nile with bulrushes
M to stop "Long Grabs, in his course " i'bur at-tention
will be oalled to other points of the text
again.
There hat» been no fighting of consequence
around here for tbe past several days. The sharp-shooters
and skirmishers of both armies keep up
a pretty regular tire. There is constant danger
in exposing yourself above the breastworks. The
minies go whizzing by your head and hit up
"tpat against a tree, like a blind Juue bug, only
more ao." The yanks are about two miles from
the Eastern limits of the town, and ahe breast-works
of the two armiea are from a quarter to a
half mile apart. The enemy can shell all por-tions
of the oity with their long range cannon,
though the city hasriot been damaged much yet
by shell and shot and but few persons have been
hurt. It is all humbug about a few days shell-ing
being sufficient to knock a oity all to pieocs.
Nearly all the citizens in the Eastern part of the
town have moved further back, and most of the
population seem to have gone away to a safer
place- Very little kpeiness is going on. It is-hard
to get a loaf of bread and more difficult to
get a mint julep.
The yankecs use mortars in throwing shells at
our troops. The mortar, yon koow, is a very
short oanaon, swinging on pivots, and can shoot
straight up or nearly so. The sheila are thrown
nearly perpendicular, and fall over by a gentle
ourve in the vicinity of our breastworks and
camps. It is very seldom that these shell do
much damage, though they are pretty certain to
burst after falling.
It is understood in the 25th N. C. Keg't, that
aa soon as a shell falls in the entrenchments among
the Reg't, the nearest man is to seize it quiokly
and th'rov it over the breastwork This has been
done in several instances by members of this
Keg't and other Troops also. The danger of such
experiments can be imagined when it is known
that the shell explodes as it hits the ground or a
few seconds after.
The drought and heat hero have become al-most
intolerable—all vegetation is suffering and
dying for want of rain. It is very hard now to
get garden vegetables," berries, &c—usually FO
plentiful in this country at this season But
there is one luxury that is abundanC and cheap,
and that is iee. The rations are not so plentiful
just now M heretofore, though a soldier can live
comfortably with them. A man gets a day one
pound of corn meal, a third of a pound of bacon,
some coffee, peas and rice. I think there is a
good aupply of forage on hand, though grazing is
very interior on account of the dry weather. Two
or three good showers is all that is necessary for
the clover fields to "turn over a new leaf" and
enable our jaded teams and prancing chargers to
be led "through the green pastures and beside
the still waters."
Our losses in this summer's campaign are muoh
smaller than many have supposed. We have lost
more in prisoners than I had supposed. From
100 to 500 of convalescent and slightly wounded
soldiers return to their commands from the hos-pitals
at Kiohmond every day. There is but
very little serious sick ness in our army here now.
It is the universal opinion that Grant cannot
in his present condition drive us from any por-tion
of our breastworks. It is probable he will
await reinforcements from the new levies before
ho attempts much more.
We have had no mail nor papers from N. C.
in some time, as mail communication h ■• been sus-pended.
This ia very annoying to the soldiers as
it is their greatest pleasure among all their hard-ships
to communicate with t!i-ir friends and get
North Carolina news. Freight trains come through
with supplies, and it would be a great favor to
the soldiers here if some arrangement would be
made at Raleigh or Weldou with some Railroad
man.or suitable person to forward letters aud pa-pers
by any sufficient and reliable communication
that might exist. It would ba a great relief if
this oould be done once or twice a week when
yankee raids interrupt our regular communication.
Similar raids may be expeoted' in future, and it
is to be hoped that our fricndi at home will pro-vide
against our isolation again.
Truly, LONG GBABS.
GAMP NBAB PBTERSBUBG, July 14.
Messrs. Editors: The lines around Petersburg
are quiet and things appear to be much the same.
I have heard of a cavah-y fight or skirmish to-wards
our right in the neighborhood of the Wei-don
Rail Road, but am unable to give any par-ticulars.
It seems a well ascertained fact now
that Grant haa sent away some troops from here,
and probably to Washington.
I suppose politics rages in North Carolina.
There is not much feeling on the subject in the
army; some quarternusters and others ocoupying
the rear indulge in very earnest political disous-sions,
but the great maw of the soldiers at the
front express but little interest. They keep a
sharper lookout for Grant.
I send you an account of casualties in some of
the oompanies of Ransom's Brigade from your
section, and will again send you similar informa-tion
u to Kirkland's Brigade and other N. C.
Troops- The present account refers to Co, C,
Capt. Blue, from Moore, and Co. i>, Capt Petty,
from Chatham, both of the 35th Reg't, since
they came to Va. some two months ago.
Ransom's Brigade WM in Hoke's division in
Eastern Carolina and was eal'ed away from the
gates of Newborn to Petersburg early in May,
and from the 12th to the 20th of that month WM
engaged in several severe actions around Drewry's
Bluff and on the South Side. Abont the 5th of
June* it moved across the Jamea to tha vicinity
of Bottom's Bridge on the Chiokahominy, where
it remained a few days and returned to the vi-cinity
of Chafin's and Drewry's Bluff, and then
to the fortifications east of Petersburg roar the
City Point & Norfolk Rail Roads, where it WM
engaged in heavy fighting on the 17th of June,,
Since then it has occupied nearly the same posi-tion,
and has been exposed to, oooMioaal skir-mishing.
For sometime past the Brigade has
been in Gen. Buhrod Johnson's division, recently
the commander of a Tennessee Brigade. H- ■ -
som's Brigade has lost very heavi'y in killed,
wounded and prisoners.
Gesapeay C, Thirty-Fifth N 0 Rag't.
tated, died at Chimboraao n •■•• itel It ohroon I. June S
Lt Mola?io Bay. avo'imte 1 right- ler Atoe time and
plac"--er.7 dpelai. died FW„ r-oeplt*l abont laat of
May Bth hurled t'tr". Sergt John AT Patterson
killed irslanity, sam* battle iaicnieba'1 through breast.
Also killed, eitn , joho A G Johneon. rainnle in head.
Alsn killoif. Nathaniel ll;rri>, shot ir. bead. Dnnoan
C MoDinald wa* killed ibe day before (12lh M<y) on
way to Dre-?-y's Bluff; ball tbrengh right hip In th-:
action n ;-r E-.-rmuda Huadrrd, May 20ch, Aroby John-son
eh-' •' -<-n<;Vi brwt and arm. died a'. Wind-;- Hos-pital
lu ' of May Daniel Hal«° shot H-rcusb knee,
eev»re. now at Win ler Heepital. 8aMM W Sibbi't
wounded e»»ere iu left e'iculj .r, atill ia Winder lt;«pi-
NaT. John C Fergus in I ish wuiind in thigh; H ikfp 0
Qsinirt flesh wound in thigh; Daniel Cticer n misting.
Battle around Petersburg, Jon» 17: Oarretl Tbompeoa
killed by seacon ball in ta- morning. At n'cht, la
oharge lo retake the worbi> formerly oooapiel- by
Wise's and other troops. Richard Roaa was h'lleJ,
minoie ball; Solomon N Cole ahot la breast, now at
Fair Ground Hospital, Peterararg; Maleom A McNeill
badly wounded in knee. eiooS died at Confederate Id oa
nital, Petersburg Noah R Jaokson slight wound ia
breaat; W H H Fry bad wonad in henci; John W Mo-
Cashill wound dlight in head. AU three in hospital at
Kittrell's. Corpl Alex 'ameron wounded in should' r,
at hospital, Petersburg; B Strlaklin slight wcund in
foot on 17th June, now at KittteU'a; George A Wads
worth wound ia head abent 21 at June, died at Fair
Ground hospital. Petersburg, abont 6th July; Hugh
Moore wounded in hand abont last of June, at hospital
Riehmond; Wm Shields fl >eh wound in thigh, 7th July,
now at hospital, Petersburg
Captured and missing: In fight of night of 17th Jnae,
n»pt E McN Blue, Lt W T Jones, Ord'ly Sergt D A
Blue, Sergts Neill Haanon and John W Black, Corpla
Hurh M McDonald and Atohd Ray, privatea Angua
Frraateon, Danl P McDonald, John McDonald, JoLu
MoArthur, N A Patter- on, John Smith, James Stewart,
Gilbert Thompson and Rofus Wallaee. Jaoob Good-man
wounded in eide and miaaloa; Some think Lt
Jonee was unhurt, othera thinh diffT?atly. Capt Blue,
Lt Avent of Co D. and Capt Dizon of Go H. were hoard
frrm at City Point and aU well I must put off farther
details at present Truly, LONG GRABS
Later from the North.—PBTEB8BUBO, July
18.—Northern dates to the 15th and 16th have
bwn received.
Dispatches from Xashville My that since John-ston'*
retreat from Kennesaw Mountain Sherman
hu picked up 3,000 prisoners.
The Wuhington Chroniole of the 16th says,
editorially, that it is now sate to say there were
periods between Saturday night and Monday
morning when the rebels might have dashed into
Washington and effected its capture if not occu-pation.
The Chroniole also says the rebels Mem
flattered because they have put Washington and
Baltimore in terror, and that they will not hesitate
to repeat the experiment.
The Chronicle says, editorially, that Sherman
has crossed the Chattahoooha, and that Johnston
is inside the fortifications at Atlanta. It also Mya
that it is not probable tha' Johnston, who failed
to arrest Sherman in his fortified mountain strong-hold,
will be able to detain him long before the
town, in an open oountry, accessible to approaches
on all sidr-s Tho Chroniole says the danger ia
that Johnaton will give up the place in despair
and destroy such of hia munitions and supplies M
cannot be removed, and retreat farther to the
Southwest in the direction of Augusta or Savan-nah.
It Mya that probably Sherman will antici-pate
any movement of the kind and oat off every
facility of retreat by the destruction of railroads.
Gold ia quoted at 250.
Th* Confederate "Raidert" safe on thit tide
of the Potomac.—RICHMOND, July 18.—An offi-cial
dispatch reoeived at the War Department
this morniog states that the Confederate foroea
whioh appeared in front of Washington Tuesday,
reorossed tho Potomac on the 14th, bringing off
everything safely and in good order. - Our loss
was slight
A New Commntder for the Army of Tennettee.
—RICHMOND, July 18.—Gen. Johnston WM re-lieved
to day from the command of the army of
Tennessee, and Oeu. Hood appointed In hia
plaoe.
A New Secretary of the Treatury.—RICH-MOND,
July 18—G. A. Treuholm lias been ap-pointed
Secretary of the Treasury and the oath of
office WM administered to-day.
S-rU-H* Railroid Accident.—We are pained
to learn that a collision took place on Sunday last
between a pMsengcr and freight train on the North
Carolina railroad, about two miles this side of
High Point, ia consequence of whioh one person,
a lady, of Chatham county, WM killed, and seven
other persons injured, several quite severely. The
accident, wc understand, WM the result of gross
carelessness on tne part of the conductor of the
passenger train, who had stopped the train to get
hia hat that he had lost. The conductor we learn
t-H>k to the woods after the accident, in order to es-cape
the vengeance of the passongers.
Raleigh Confederate.
The Cropt.—We see gentlemen from almost all
parts of the oountry in the run of a week. As
to the crops, we hear but one opinion. Rye and
wheat, whioh promised nothing during the long,
oold, protracted spring, will now yield nearly, if
not quite an average crop. Corn is a week or ten
days behind, but it is said to be unusually and
unprecedented!)- fine and promising. And not-withstanding
the want of laborers, and the extreme
difficulty of procuring food for plow horses, the
crop ia now well nigh made, and promises to
"xceed in quantity anything of the kind for many
years. Aa to Mts, the crop is emphatically fine.
Add to all tbii the faot, that we are getting well
into the garden "$au" crap, and oar friends
abroad will see that we are fast escaping from
the absolute want that has surrounded as, into »
season of superabundance.—Benderton Times.
Death of Bon. A. B. Skepperd—Hon. A. H.
Shepperd was bora in Surry County, Feb. 24,
1792, and died at his residence, Good Spring,
near Salem, Foisyth County, N. C., July 11th,
loli4, iu the 73d year of his age. • * " 4
Scarcely ever is there an instance of more extend-ed
and acooptable service in a representative ca-pacity.
He oommenoed his pnblie career as a
member of the House of Commons of this State,
in the year 1822, and served four terms in that
body. Ho WM elected to Congress in 1827 and
wrvotl without intermission until 1839; WM again
elected in 1841 and served till 1848, and again
in 1847 and served until the 4th of March, 1861,
when he deolined a re-election He WM twiM
chosen as delegate to the National Convention at
Baltimore, and twice M elector for President and
Vice PrMident.
He relinquished public life in 1854, quietly
lingering in his pleasant old homestead, engaged
in agricultural pursuits, enjoying the beautiful
flowers and shrubbery whioh his own hand bad
planted and trained. Ripe with age, and covered
with high politioal honors and diatinotiona, during
a long lire time, he lua gone to hia real.
Salem Prem.
It was a cherished opinion of the late lamented
Lieut. Gen. Polk, that we would not only succeed
in achieving our in dependence, but that the North
would batMM involved in a war among them-selves.
- ni we would be oalled upon M the oon-wrva-
Tj element upon the American continent
to go (iTor and quail the disturbance.
^1 C/-,../ Si.—The New York Tribune boosts
that Kort^ern-oldiers will "fightlitc devils." Tbe
Cuaileauun Courier replies that it lias no doubt of
it, far "these fallen apirite," aooording to tha,
Bible, an ail cowards; fox Si. JuHaawi, Rettu