Western Carolinian

              v6v v saiilsmjwl x.c tv.v.simx jtjnti 35 x^li vu itn state oi xovuv-t'vwulli.a rowan county in equity lpril term ih suvte ol xoytvv-crai'ovmq ashk countv . ai i e n i'l-.ii.isiiki i.vk.ik r ;.-;.. iy ilu u1ngiiam & white nu rn it i ii m oisti ii lll-'.iia'l e on i iii had ceased to exi-.t except as rare and melancholy instances of partial lunacy . i.nil he ferventl prayed lhat the mala dy might not he more extensively in jtirious to the i ulii iduals afllictcd i'he mod i appointing milit'u'offi cers mentioned '>. the same gentleman as an objection t i the constjtuti m mr s considered a . of no com quence a the militia ought to be the whole ho ol freemen armed and disciplined th command would be in teresting bm as the are not uni form either in arms or dress and with out discipline , who are their officers ir how thc_v ar chosen was not worth consideration 1 ' ll v . : jesse v pearson joseph pear on an i • bers against william i thomas alexander li tho c10ur1 of pleasand quarter sessions may j sessions 1822 elizabeth humphris ad ministi-atrix vs john humphris original at tachinent ambrose park . n.imnioncd as gar nishee — whereas it appears to the satisfaction of the court that the defendant is in inhabitant of another state ii is therefore ordered that publication be made for threi months in the western carolinian that ti i del ndant appear a.t ih c urt ■ '.' pi ii , ii i i.'u irti i s ssions i . h held for i •• can of vshe at the court house in 1 if rson on the 2d monda after the 4th monday iii october next then and there to answer plead or demur olheri judgment will be ia i pro coufc so i thos calloway certify that the f • i a true copy of record is appi ars fr n tli minutes i'm con ention qi estion the subscription lo the wr.s-rr.ns v in im w ..-, three dollars per alum n payable half-yearly in advan e mini i.i-...;i..j com mons dec 1 8 j 1 i of mr stanley's spe ch the complaints against the • thc l onstitution were un : charges against the con f i lur laws are etiu 1 j e all alike live under them : > are unequal it is the i.asi larger part of the tax and lpluin of it public money i upon thi east ; with the laiius we have given monev ! west ancl h.ve taken no lves i'he honours and of ite the loaves and fishes so frugality of our jovern of a kind to excite those ac ot the human breast avi lii.n ; but such as they arc : more than an equal share oment as is generally the jreater proportion of those are filled from the west to mention one important which the east have given ivcr to lhc wc-t : i mean choosing the electors ol vice president — since bv rt election thc west hav s than the east can elect a sitior lo ihe unanimous vote i term 1822 marmadukc swaim vs job of the east this surrender of right and mills am levied in the hands of «. elliott power must bu remembered is one ol i l others.-lt appearing to tli court that the th sac iirices of public ond which in delendant in this case is not an inhabitant ot this ' . . ° state 11 is ordered that publication i made tlmes l ast ' l 1all y s p mt lllud(j lo p art y for six weeks in the western carolinian printed purposes in salisbury for the said defendant to appear at the next objection urged against the the court of ideas and quart rs sessions to be constitution is that advanced bv the gen held for uie county of randolph on tin first t :.. 1 . ) . in f rom richmond mr leake : mondav ol august next and i.l a answer or .... ,■ , , demur otherwise judgment will be enteivd ' u want , ot » more speedy means oi re against him moving the judges ol the superior and jesse harper c c c supreme courts than that of impeach 6wt'9 price adi s ment for crimes : in other words the want north c in * "'' ' l provision to make the tenure of the ' hue of j mice lo be not during his good ha.'.'uoll'il countv , , i . i • 1 1 c.u cn.rvi-i.-e .- ... ..,..• «, be bavioiir but during the pleasure ol the 11hri ol pleas and quarter sessions may , , nt »_ • 1 1 1 1 1 1 term 1822...michael swaim r.pomroyhig legislature mr b said he had hoped lev aita levied ii tlie hands of joseph hodg '<* doctrine so dangerous to the best inter en and others it appearing to the court that the ests of lhe country would never again defendant in this case is not an inhabitant of this | lave found an advocate in this housr — state it is ordered that publication be made v fhe f orms 0 f government happily a lor six weeks 111 the ft cslcrn carolinian printed , , • , £, u i .'• in salisbury for the said defendant tb appear at d t tc<1 ln thesc s5 ? l «; the executive the court of pleas an ! quarter sessions to be legislative and judicial departments are held for die count of randolph i the first made separate and distinct theconstitu monday of august next and plead answer or ii„>i limiting and superintending the ope demur othen ise judgiiient will ba entered ,| n ,.,- the , , eg islaturc thc i egisla :[^" t * ■ ilpric s - ! ' i,ie is bound to c * within cert . ain p re - — ~ ' "'■' — ■ --— — scribed limits ; its power is strictly de nor i 11-1 akojjn a f n ,. c |. can the agent transcend the mecklenburg county authority given by the principal ? — and ! vo t \^' o k ' : ' s r a(i t l ''' s '' s,,0 ' v ma i il he does shall not the will of the \ \ .' term 1822 1 homas greer v samuel ' . , . w lindsay attachmcnt....lfevied on a tract of master the people be preferred to hie land sundry articles of merchandize household will of the servant the legislature furniture and other property and mr j robin wi[h to make laws and with sani and others suminonctl as gnrnishi 1 in ' , , ■ , this case it appearing to the satisfaction of the power to execute them tne legisla court that the defendant is not an inhabitant id ture would have been despotic io ' this state or has absconded or 10 conceals hi u prevent this evil to check the legisla ; sell that the ordinary process oi law cannot bc ' ,- • i ■ 1 r served oi hi itii therefore ordered that ture to confine its acts within the lim piihlication he made for three months in the its marked out in the constitution the western carolinian that mil • 1 thc-sai i .!• fend t uc li c j irv as a separate ancl indepen ant appear at the nest court of pleas and quar . . . ' 1 r „...„. .,».„.,_. ..., i ter sllions ... be held for the county of m ck ll « nt branch " f government was crea lenburg at the court-house in charlotte on thc let important as this department is fourth monday ot august next and replevy ' 1l \ liis ul control over the strength or jmlgni it final by defai.ll will ibi taken against h wea l t h of lhe state it has no ca i11111 una til ■ case lieiu-d .\ pi.i-t . . . .... , j:.-t is vac alexander cm c pacity to injure ; it is the least danger imt'lfi price adv s-l _ ous and weakest of the departments : north-carolina v 1 as lt is it8 province to protect the ni m.k-.ia ,.,, countv citizen against the oppression oi the wvin i pi ai and quarter sessionp maj legislature it is justly regarded as the ' i via in l.n.l wilson 1 . samuel w i citadel of public justice and public lin(l«iy attachment levied in the han.l ">,,,.,,,. experience has shewn that alex porter richard robin rs and .- . .' . . • 1 1 thev siiinn last n :,.,., . hitl : it ap passion and injustice at periods have pe;u-iii:f to the satisfaction nf the < mrt that th influenced every community ; the fa 1 defendant is not mi inl 1 of tliij tate 01 vorite of one day has been the victim led < ■ ■ 1 i ■• i in ia tl it hi ... , , ■ > ,, .,,_,. ,,, i:l . ,... , 1 ,, of the next and systems ol poln y and itistl re for ' , that j.ubl j ambition ol lollv or d wisdom have rati n a ibe w hern j flourished and t illcn with theirauthors carolinian that mill . i1111i i . ... .... . , , > . i .:..,.. l lt . i , ; , . , ._.___{ lhis department th judiciary has to be i idler ' •_■ ■ . ! '•:■■■:- . t been created separate co-ordinate and tb court-hi • t larlott ith.m lav indenendent to check the career ol the '.' v "^"- ; y '• : ' ':',:" ' ; ■ ■ legi ilatui i , to bring us to p use and . will ,<■ 1 i a 1111 iiiiii and the case .,.' „ =>. ' . ..',... by compellin 5 reflection io protect us tt ' isaac alexander c if c against our worst enemies ourselves ! , ' ! '' _ .'•'"' l ' ■' ... . _ 1 whiij vou secure its indepcndc-ni mas william langhorne : also again pleas ant ii may and llenjamin hairs c tutors ' ' no paper ill be discontinued until all arrearages ar paid unless at the discrcti n ol lhe editors and any subscriber failing to give notice of ins wish to discontinue at the . nd of a vear will he considered as wishing to continue the paper which will be sent accordingly of the last will of \\ illiam thomas ,'. < eased i t appearing 1 to the court that william lanj i horiv resides in \ irginia and william ll thomas alexander ii i'homas and pleasant ii may reside in south-carolina : li is order ', that publication be made foi six weeks in the western carolinian that the said defendants william langhorne william 1 thomas alex ander ii thomas and pleasant ii m , do make their personal appearance at the next courl of equity to be held for the count of rowan ufon - said on the second monday after the fourth miui duv of september next and answer plead or demur to lhc complainants lull of complaint otherwise the same will be taken pro confess a.;:iinst them and heard ai parte ' 6tl08 test ge(1 locke cm e whoever will become responsible for thc payment of nine papei-s shall receive a tenth f.:.ti snvi iitisi i vis till e inserted on the cus \ tomary terms ,* , persons sending in advcr | tisements must specif the number of times they j wi ih th ia insi rted or the will be continue i a ! l ordi r 1 out a . i ch irgp 1 ice inlingly rims ai.i o y c c c north-carolina l'iif gentleman from hillsborough dr smith is pleased to say thi re - hould be no ol jection to a convention for a convention could not injure us surelj i misconceive thc gentleman's meaning passing over the heavy ex penditure which must attend the meas ure 1 ask will not a convention be un restrained i will it nut have absolute power who can control it does not f the formation ofa constitution require the g rentes effort of human genius di rected by the purest virtue ? what se curity have we that a conveniion to be now assembled would be thus en lightened and guided may they not authorise encroachments still further than we have already made on the right of trial by jury may they not ren der thc legislature despotic and lit and property insecure by destroying the independence of the judiciary may they not adopt the notion to day advocated of regulating representation j solely by population may they not in short while they preserve lhc form of republican government mar the enjoyment of every right an ! abridge ui rv blessing of prosperity wc know that a convention may do these mighty mischiefs . this is sufficient to warrant us in withholding thc power until i il which lo not yet exist under the pres ent constitution require so hazardous ., remedy it is true thc other state ; have had conventions but mr s s lid he believed it was also true th i with very lew exceptions ti cy had not im proved the condition of the suites in which they had been called hut had left them worse than they had found them k,in doli'h lui ml in equity sp y te n ii 22 no advertisement inserted until it has b . ■> tfaid i'i ■ "-; i ,'. ill :,' a ill 11 ,' '■;. ill i ! peraoil lexandeh l v am ' 1 ■ „■ harper a 1 mi.ii'.triton with th ■ will tnnc.ved of sol omon parke deceased against lohn morgan and others it appearing to the court ihat augus tus ii longstrect and frances elizabeth his wife lueob flovvei-s and poll j his wife rcsidi uiih out this slate : 1 is oed n.i that j !:■ i . n.i ah for i \ u eel - in th u . tun i '. roli ini , for them to appear al the nexl li r.n of this court and plead answer or demur olherwi the bill vi ill betaken pro confesso against lb in and heard state o1l vovlvt-vnviiyvim rowan county , rs to the e i'm s must be pot t-puid or they ' not be a'.ti nded to in equity '." •''' te in 1822 the executors of ih last will of richmond pearson deceased rs benjamin chair and ytuuvhw ift\\'t\s fov svvvt r f ihe subscriber wishing to remove to the i western country will offer for sale at pub li .. due on tuesday thc 16th of july next tl ■ valuable tract of land in hurke county \. i '■ oi he now lives containing 1 i >') acre , sit uated 12 miles li'.iii morgan n on tin m in road leading from tin latter place across the lynville and yi how mountains to 1 sb ir m . i ii 1 i'ennessee there i a good dwelling house with an enclosed yard and garden a barn stables cribs negro cabins and other out-ho.tses all in gootl repair ilus tract lying on lynville river lord a large proportion of hat land a sufficicnci ot which is clean 1 an 1 under pood fen . in soil being fertile u ii easily afford thc ne ans of still further improvement , it is well adapted to the culture of wheat rye turn bar ie , oats sec thi . farm also aflbrds a good 1 tillcrv is well watered and abounds with ev ! lent timber as a sto farm besides tlie abun dant products of i'oo 1 and forage it has the ad rantage of lying convcni i i i an ... i ii ml sum mer range in short ii ■ local advantages are great these together with the uncommon sa lubrity .;! its situation iiuka ii a most desirable si ..; for a country residence i'h terms ol sale will he mad ■ as eas as possible bj giving ever :.•..-, mable indulgence 3 the pun hasi .-. i'he ■ ibsriber a agent will also offer for sale ai thi same time at a credit of twelve 1 tli ill the lands lying in the county of burke , the ( state of col lohn m'gimsey , , . ,..-!. \ ..- . a trai i of land im hiding sev . 1 sun '. , ly ng on thi wati :•• of pad ly's 1080 s n or - or i ssi hereon there is ag od llrist mill well suppli : a.i li custom it consists > ■:' uplands of n ■ . • . ;.•„. ! quality i '■ . ii lim'tx t i ■•"■ i will udm of several settli nu nts ll w 11 be - ildal ■. or :■ ...'•■'-. tin 1 ir h'.3 r l .'• ■■ ! ■ ' lated in difl'en u1 part ol the 1 1 ' '■ • a 1 '' 0:1 1 the rai . i i ' ■ approi i - - irity i ill be requii i in ill ' i'he terms dl be more full madi ku ■ n on the 1 ,.■ 1 . 1 •, v h 11 di attendaii ■■ \ i.l bc 11 1 m remise , b m wm m'i;imsr.v ./,• it m ■ ■ ttec^^m .. .... 1 1 - - -'■ __ m _^^ k __\\\\\\\\\\\\\\\\\\\\ pleasant ii may executors of the last \\ ill of william thomas deceased it appearing to the court t!,..t pleasant ii mae , one ot the defendants re ski >. in south carolina it is ordere '. that publication in-made 1 for six wt eks in the western carolinian for him ! io appi ar at the next term of the court of equi ty to be held for rowan county on tin second mon lay afti r thc fourth monday of september • in t tin n and there to answer plead or demur ' to the complainants bill otheru ise the same « ill hc taken pro confesso against him and heard ex parte 6t'8 test geo locke cm i es parte 11 elliott <'..!/. i iu t'9 — price adv s3 state erf wiy\l\-l\\vu\\n rowan coun 1'v superior court of law april ivrrn 1822 ruth harris i . john harris it appearing tothe court by return of two subpociias thai ' said john harris is not it be found in the coun , ty and the rc(|uisition ofthe acl in other i-i spei - having b . n c mipli . with it is orderi d by the court that publication b i made three months iu ; the western carolinian and hal igh star for the | said john harris to appear al the next superior | courl to be helal for the county of rowan to answi •■ this petition otherwise ii will be heard ex parte leave is given to th petition r to . \ amine testimony without giving notice to tbe d fendanl ; it appearing to the com thai he has absconded and gone without the limits of the state to parts unknown witness alex prohock < ierk of the rowan supi i or court at offi a . tll alex frohock c s c state v uv\\\-l'a.vt)\."vnv . burke county 101 ut of pleasand quarter sessions march ' term 1822 lohn thompson vs david i'.i n a ii appearing to the satisfaction of the court tha lefendant david evans : i'nl . ', nd tin limits of this state it was therefore ordered thai publication he made in the we lern carolinian for three months that unless he the said david leans makes his ap pearane ..'. our next courl ol pleasand quarter . to be held for said cou al morgan ton on the fourth monday in july next tluaii and thev to n ph vj or plead to issue judgment will betaken for thc plaintiff's demand against him attest 1 erw in i lerk 3mt1 9 price adv s3 so the authority of vattel read by the gentleman from hillsborough mr s said he considered entitled to more respect than was paid by those who sneered at his worm-eaten pages vattel gives as his opinion " that a na tion may change its constitution by a majority of votes ; and whenever i.iero is nothing in this change that can be considered as contrary to the act of the civil association or to the intention of those united under it all are bound to conform to the resolution of the ma jority 1 hat the power of lha nation is unlimited cannot be denied — al power rests in thc people they made the constitution and physically a ma jority can destroy it yet the consti tution spoken oi by vattel was that unwritten form of government result ing from usage which alone had exis ted at thc period in which he w rote and one view of this subject vattel could not take because it results from a state of things not existing in his day 1 mean ihc formation ot written con stitutions by a free people when the people ol these si les declared that all connexion between them and great ilritaiu was dissolved and tl.at they were free sovereign and independent llie y reduced their " act of civil associ ation io writing they farmed written constitutions hy tl.e terms of this association by this written constitu tion the people surrendered their nat ural right into tht hands of the legis i at nre except s i..r as by .'. m res in they n taincd tin m with great caution the people l t.ai state prefixed t their cnnstituti n 1 bill of /,':■;'•.,. which i understand 10 ik i enumeration 3,1 ri rved and ci powers ii 1 granted is this power 1 » form a convention and d itroy the constitution reservi 1 is the power 1 si rvi 1 to a p irtion of tin j without the consent of ti repi ■ ■ ni . of the whole express 1 in an ai c nf the legislature to form 1 conven antl il the pow < 1 would not ■ ... h a com • 1 lhe woi ji oi vattt _ be " contrar n p any person wishing to purchase pri ately can do so by applying an tunc before ih ■ day of sah clock ii./7y repairing tj^i 1 1 subscriber respectfully inforn ith ■ pub $ i , that he has again taken hi • shop in sa !' niry on mam street opposite ti ■ state rank v hen 1 • pi p red <, execute all ,.•■-'.- rs in the line of his business clocks watches jew . if ■•'■ i'a jalallaal ... ill llll " llotice ii ' lici hepati '. ige of hi friei : -, hi ol ! cus tomers u .! lhe h in general and u nui • them that he will do their work and . ii tin ni a ■'■, in ii,s ini a lower t rms man i her shop in this ;'•"''- of tl ill i ii i10ra1l >',:,"..'• .", may 8 1 l 103 state ui noyttv-cakottna sc rr t 01 i v si perior court of law march term 18 ! !. .. william burch r . nunc liurch petition for ii ■. , :•,'.-. it appearing to the satisfaction of the court that the deti ndant in this case resides without llie limits of the state it is therefore or dered that publication be made ill thc \\ ■ irn cai ilitrian for three month , that the ' indant appi nr ..', th next superior court of law to be held for the county of suit , at the court-i louse in rockford on tl-'j lirsl monda in septi m i r next and plead answer or demur to said peti tion . th pi ' iii in nill be hear '. ex ; arti . aud judgnn nt ■ >■ ird id ai i'esl 1 williams jr v s c mtlo pi v s s ' state ca xovt\v-liayo\*ma m ;» v gant * > \\ »\ c at\e \\\> « 11 t'rke counlv i . i ." open for lie recep ? il lion of scholars ler the patronage of a rl ibl hoard ol i rustccs the mode ol istruction pur in al is the result of mil i atten • m and . xpcri in •', ■■ ili inin a ' d i hi i i lil ... | nth nu a .,:. i ladies for tb ■ iclive i life and to | • ; "-• student . s i ill-sue h ir . i gi .',- studies i , , .: i ii in easy familiar sty le " three oi i n eek on i ing i ge his irv rh ia m i 1 luti ii tu il n it . i , , iii j philn ph great attention is | id to n ding sp ikii . • e igli ill i ,, i i ..- ... clin - am ! ' leganee and to 1 ic n in mil nun ,' . a il , puj is md i vi ry n ...,; i me i . pron ate li ir hap i - id npi ive tuition s _ i per annum and i "■' i • . isonabl i mi i i'he village pl i a and healthy i-'ivii j a --.,.! :, ■ 1 iii i.im..iia i oun i .. nil \ i court of pl as and quarter s .-'. ins r ; : i nn v 1 1822 pi '■ r l-'ornej i christian reinhardi , original attachment lev : d on six negroes an i suudi-i articles of p rson ..! pi-opi rt .— li appearing to the satisfa thi court that chris in reinhardt th ant is not an inhabitant of this state a — it is tin r . i red by coun that li : a ara1 the nexl . mint i ourt of pleas and quart r s mh ■ , tu i • held for lincoln county at th < , ur i hon it i a luti n on die third monda in jul . .... ,.„,. pi .,,! to issue or judgnn nl • . : li'md will be . uten d up ■ fa'tnsl him or , i.v court thai pu iii ation hi reol ie m . .. i.i " western i '' ■, ti \ • j)||l '.' : ; ; , r r notice rill ie co-partnership of fran is sc john irwin j b hithi no . s i tin f iu i lharlotto n ' and , ounty i ■. ,■!•; i ,, hu . tliis day . li iml ,■ ll ith i ' •,) ii ti • .'■'..'. !' ! ' i ■ ' i '. tncis irwin ... :.'. irwin ijtth^-crvi its integrity and firmius ai i it remains what the constitution i led it should be the ark ol oi ali ty : but if you render thc lu i ; • on th legislature i r thi ci it uam •■ 1 their offici ; , and lhc : theii bread you latter incte . e and \ irtue for bi ri ility and rrupti ■■■ ■ j on i anvei c the sentinel into an .-•. em , and render that depart hv designed for . mr : . s lid these • were bo obvioui , md the observations , them ■ n trite that he had be tdoctri ■ > dangerous as that pp 3 i a d i r'u which claimed omnipotence for tin li ...:..!■: ndencefor the judiciary north-carolina ■ • ' ■■ ■ - ., , , n otic it 41)1 ol ' lo the court that the ■ — m 1 j om ic i '• v t '^^ i si j 1 3 . . . i ■: ■ ■ a rttw in henry 1 il ■:',,.. , . ...' 1 ' ou llll . inly court • , ■ . ' i " ■ ..' i i1uv ll'i'.'l i ' '. . . . li 1 i , ! in ,,, nt ., i.i * m , an i ., tin \ fail 1 ' • id ,, . ... ' 1 -': d i it n lion ef 1 i . with 1 1 mich vi i 1x11.1 itu '''.".- i i swm