Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1857-10-23
The Affair of wesinessar

Wednesday last was nothing better than mockery-
riotous and bloody-of the elective franchise The
scenes of that day. though not fightfuy distorted
with and wounds were those of the elect
ton days of last year. exhibit the political condition of
our city at the very lowest ebb of decentralization o
report however vanished relieve the fact that vast
of the people overawed and that the city it
self is politically SubJugated by irresponsible and
mtgated intolerance of the principle Of universal suf
fage Civil rights, guaranteed by the sacred instru-
ments OF our political organization, utterly void
The best and most moral men in the community are
stripped OF them in common with the most vile because
they can no longer exercise them in ordinary personal
security The polls VIGOROUSLY places of danger to
lie and Emb and there the rOwdy and the bully exult
IN the possession and exercise of supreme power We
say these things perfectly willing that they should be
hOoted at or denied We choose to put them on record
as truths OF the times and venture the impartial fidelity
OF :" The Sun upon what we assert, satisfied that all
men, however unWilngly, must yield assent to them.
The history Of our city during the week is rife with
nfamy Our reports Of events during the night preced
ing the day of election exhibited rowdyism rampant in
several sections of the city. Accusations are eveed by
one party against another and Americans and Dem
ocrats spoken of ndiscrlmnatey parties to out
RACES assaults riots shooting and bloody strife. It is
not purpose examine the nature of these reports
1t suthces that by one party aggression invariably
attributed to another while the facts in all probability
would defy the severest judicial scrutiny. The moral
degradation of parties to these acts of violence forbds
any reliance upon testimony which is not positive in itself
On the day of election find report distinguishing the
Fifth and Eighth wards peculiarly riotous locations
but hear from other of the eectua
exclusion from the polls of all but class of voters
either by violence Yet such wards are re-
ported quiet and the election progressing without dis
turbance The returns show the fact that but hand
full Of votes cast by the adverse party during the
day The ballot boxes give no response but to the DOM
mant party. These are facts. Turn them about we
may let those in authority dispose of them they WILL
they facts that cannot be gainsaid. We cannot
specify acts and purposes but realize influences
eXerted and read insults And they us, beyond
controversy that the political franchise of the people Isl
for season, at an cnd.--BaH. Sun Of FRIDAY.
Decision York Supreme Court in Reference
to the Bank Suspension.
The following important document, giving the cOnclll-
sons at which the Justices Of the Supreme Court for the
first and second judicial districts have arrived on the
policy to be pursued by the Courts with regard the
banks in the present financial crisis has been called forth
by the applications already made aud the ntmatons of
others to be made for the appointment of Receivers to
the banks which have suspended specie payment. Yes
terday orders granted to show why Receivers
should not be appointed to the Marine and Citizens
Banks but this morning, the motion of Mr. Slough
ton who had applied for the ORDERS they vacated
1t is understood that in the of their consulta
ton the Judges were of opinion that admitted of great
doubt whether the clause in section OF article of the
Constitution prohibiting the passage of any law,
tonng in any manner directly Indirectly the suspen-
sion OF specie payments by any person. association or
corporation issuing bank notes OF any descrptionap
plies to any liability of such association corpora
ton other than bank bills notes. which by statute
to circulate money and for the payment of which the
faith of the State is pledged.
At meeting of Justices of the Supreme Court held
for the purpose OF determining uniform Of action
among thenlselves-present, Justices Strong Emott,
Birdseye, MITCHELL Roosevelt, Davies, Clarke and Pea
body-the following opinions unanimously concur
red in:
:.
is deemed to supersede the provisions of the Revised
Statutes. 4. S. 463, Al, 49, Accordingly no
creditor of the bank who may have relied under that
can have it under the Revised Statutes That act gives
the creditor right to apply to justice of the Supreme
Court only after the expiration of ten days from the
fusal of bank to pay its debts or liabilities
" Even then temporary and immediate injunction
be granted only if in the opinion of the Judges be
expedient in order to prevent fraud or injustice
After both parties shall be heard before the Judge
he to determine whether the bank clearly solvent
bank is clearly solvent which is clearly able tc
pay its debts although it may have suspended specie
payments for time. In the of the North American
Trust and Banking Company this principle held by
the Supreme Court and the Court of Appeals.
When bank is clearly solvent and its officers are
acting in good faith no receiver should be appointed.
Where the act of 1849 does not apply if the part
the Revised Statutes above referred to does apply 1t
discretionary in the Supreme Court to grant njunC
ton or not That discretion controlled by legal rules
and the injunction should be granted if the banl
is clearly solvent.
AN er-pa,te order for an injunction should not bc
granted after suspension of specie payments un
less satisfactorily appears to the Judge that is ne
cessary to prevent fraud and injustice.
The fact of suspension of specie payments (whel
it is genera is not of itself sufficient proof of fraud
injustice to authorize such injunction.
AS general rule it is not expeden to grant an in
junction against bank without previous notice.
1t was also resolved that Justice Mitchell be reques
ted to furnish copy of those opinions to each OF tn
Justices of the Supreme Court in other districts with
request that they respectively communicate to him thei
views the same points
The action of the judges will tend to prevent tn
further application for nunctons before the Justices
the Supreme Court, and will involve the dissolution
the nunctions heretofore issued and the appointment
receivers hereunder in all cases where the receivers ha
t, not actually begun to Notwithstanding Post.