The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1867-09-03


STOCKHOLDERS MEEr1NG.-The Stockholders
of the Western N. G. Railroad held their annual
meeting 10 this city yesterday. The meeting was
well attended.
The following gentlemen are the directors ap-
pointed on the part Of the State:
A. N. Erwin, A. NJ. Powell, George T. David
son, A. S. Merrimon, R. L. Patterson. A. c
Cowles, F. E. Shober, and Col. S. Med. Tate.
Elected by the Stockholders: Gov. Vance, J
9. Mcdowell, Hugh Reynolds, and Col. S. Med
Tate.
Col. Tate was appointed on the part ofthe
State, director, but was elected by the Stock
holders by a unan imous vote.
At subsequent meeting of the Directors, MI
Patton, of Buncombe, was elected Director to fill
the place of Col. Tate on the part of the State
Col. Tate was reelected President and Superin-
tendent; Major W ilson, Chief Engineer, and R. +,
Simonton, Treasurer.
The meeting Of Directors then adjourned 10
meet in Asheville on the goth of September
IN order to hold consultation with the friends
of the Road 10 that section, with view Of put
ting the whole route under contract between that
place and Morganton. Salisbury Banner, 30th.
IMPORTANT DECISION OF JUDGE FowLE.
We are indebted to friend (says the Raj
eigh Register) for the following highly interest
Ing and important ruling of Judge Daniel 6.
fowle, at the present term of Martin Superior
Court. 1t will be seen that he declares men of
color eligible to sit on juries under the existing
fd,cs OF The State, since the abolition of slavery
This ruling is independent of the Civil Rights
Act Of Congress, and the order of Gen. Sickes.
1t is simply the construction of the State laws,
regarding the new position of the colored peo-
pie, since the abolition of slavery. 1t must,
therefore, give great satisfaction to the friends
of freedom and peace between the races and
sections; while it reflects honor upon the Bench
and Bar of Martin. We regard this opinion as
one of the happiest omens Of the times, since it
evinces readiness on the part of the white
race in North Carolina to do justice to the black:
"At Martin Superior Court, before his Honor
Judge Fowle, as the grand Jury were about to
be drawn, Henry A. Gillian, Esq, acting for
the Attorney General, challenged the array, up
on the ground that the jury had not been drawn
by the County Court, at its regular term, as re-
quired by law.
The challenge was allowed by the Court, the
venre discharged, and the Sheriff directed to
proceed forthwith under section 9th, chapter
3lst, Revised Code, to obtain jury. Where
upon, the Sheriff, the Clerk of the County
had been selected to assist 10 drawing the jury,
requested the Court to instruct them as to their
duty in regard to placing persons of color on the
Uen're, whose names had been placed in the jury
box by the County Court.
His Honor charged them, that in order to
constitute proper jury, according to our laws,
it is necessary: first, that the jurors should be
men of ordinary intelligence; second, of good
character; third, freeholders
That from colonial times until 1865, our peo-
pie hac been divided into three classes. LIST,
white men; End, free persons of color; 3rd,
slaves.
That the third class we're excluded from the
jury box because they were slaves.
That the second class were excluded, be.
cause, under the theory of slavery, every person
of color was prin,a sfacie a slave, and that as
every freeman was entitled to be tried by his
peers, the free person of color, against whom
the law raised the presumption of slavery, was
not regarded as the legal peer of the Vhite man.
That the constitution and laws of the State,
never, by express enactment, excluded col
ofed man from serving on the jury, when he
possessed the qualifications required, and that
his exclusion was owing to this construction as
to the legal pares, and this construction was the
necessary result Of the institution of slavery.
This is so, else Henderson, CASTOR and the
other fathers of the law in North Carolina, ex-
cuded for long series of years, free persons
of color from the jury box, through mere mat
tention or omission, which is not for moment
to be considered. -
In 1865, the Convention of North Carolina
abolished the institution of slavery, and all men
were declared freemen. 1t followed as a ne
cessary sequence, that, as soon as the institution
(rv furhi oh The ,bo al
ished, when there we're words of exclusion
in the constitution laws, free persons of color
became entitled to all the rights which were
incident to freemen. One of these rights was
to serve upon juries, when properly qualified.
The colored man, therefore, is entitled to have
his name placed upon the jury list, whenever
he possesses the qualifications required by law,
aud you will be sustained by law in summoning
jurors who freeholders, regardless of color"
In accordance with these Instructions, jury
of freeholders (part white and part colorec) was
summoned and the court proceeded to business.
MON