Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1869-10-15

Court-Amos NEUTRALITY-SUSPICIOUS. emit
pterce-The Cuban Question: The
uornet"--JudicfaI Appointments, sc.
WASHINGTON, D. c., Oct. 9, 1869.
Dear lou, nal The very interesting
case, bloomington against Smith 4 Hart
lev, involving transactions in Confederate
notes at the South during the war, was
argued yesterday in the Supreme Court.
The action was upon note for $4,000.
made at Montgomery, Ala, in November,
1864, by the appelIees, and payable one
day after date. The defence was that at
the date of the note there was no lawful
currency in circulation in Alabama; that
the medium of exchange was Confederate
money, it being agreed that the payment
should be made i'll such money, and not
N money lawful in the United States.-
The case was tried in the United States
District Court in Alabama, from which an
,npeal was taken to this Court. Case still
held open. The case Of harrington Us.
3anders, from West Tennessee, will not
he argued as soon as expected. The con-
Etitntionality of the cotton tax is involved
in it. To-day the Supreme Court are hear
,nc the argument on that section of the
Reconstruction laws Of 1856, which pro-
,ldrs for the trial by military commissions
Il citizens Of the unreconatructed Statea
.harEed with capital offences. This is in
. Ease Of some Texans and is precisely like
mat of Yerger, Of Mississippi, aud the de-
rl"i"n ia one case, of course, covers the
uther
Hon. Amos Kendall ia still very sick.
There is no hope entertained OF his re-
rnYerV.
We regret to announce the death of ex
President franklin Pierce. He died yes
terday morning at his home in Concord,
n. H. He was just 60 years of age. He
had served in the Legislature of his native
State, also in the Congress of the nation
and in the United States Senate, where he
resgned his seat to retire to private life.
IN 1916 he declined the position of Attor-
ney General offered him by President
Folk, in consideration of the interests of
his clients and the health of his wife. On
volunteered as q private soldier, but Pre-
-ilont Polk sent him Colonel's commits
aion, and in 1917 he was promoted to the
rank of Brigadier General. He was in
most of the battles fought between Vera
Cruz and Mexico. In 1852 he was elected
President. He served out his term and
retired once again 10 the quiet of private
life, carrying with him the best wishes of
those who had the good fortune to meet
one of the most fascinating and agreeable
gentlemen that ever dispensed the hOspi-
talities of the Presidential mansion. The
people of Washington will ever hold in
grateful remembrance the high toned, dig
nltied and genial gentleman, Franklin
Pierce, than whom no man of spotlcss chat
acter ever adorned that high office. In
this respect he affords shining example
Tor imitation of other prominent officials.
1t is reported that the administration
will take no steps In dispOsing of the Gu
ban question until Congress meets, and
that it will be controlled by the sentiment
which may be developed in that body. Is
{ not shameful that an administration hav-
ing all the information at hand, cannot
out of the wisdom of its assembled Cabinet
devise and adopt policy with regard to one
of the most important questions now aglta-
ting the public mind? Such vacilating ''shil-
y shallying" is unworthy and contemplate,
but it is in keeping with its character on
every subject save one, and that is the I'M
reIenting bitterness with which Mr.. Bout
well and those of his kind in the Cabinet,
who think as he does, pursue those who diff
Ter even On the most trifing matters inside
the Republican party. The opinion pre-
walls here, no doubt founded on official
information among officials, including sew
eral members of the Cabinet, that the Cap
tain of the Hornet ran her into Whining
ton, N. c., to escape capture by the Span
ISL navy. Better be punished for breach
OF the neutrality laws of a Government
that has all along winked at such proceed
ings than be treated as pirates, certain
death being the result of capture by the
Spaniards.
The President has stated to prominent
politician that he had not given the sub
iect of the appointment of the nine cir
cult Judges, provided for by the act of
Congress, his attention, but that he would
consult the Attorney General about it. and
appoint only those who were fit for the
positions irrespective of parties. Is the
day of Jnbilo coming? In the Cabinet
session yesterday only routine business
was transacted. The Cuba question was
not touched upon ut al. Important mat
ters rarely are in the deliberations of that
wise body.