ASHEBORO, May 17th, 1861.
I have made special inquiry into the cost question against you and the other securities of Daniel Worth—having first taken the pains to examine the authorities.
It is decided by the Supreme Court in the case State vs. Saunders and others, 1 Hawkes, p. 355, that the securities to an appeal bond in a criminal case, where the judgment from which appeal was taken is confirmed, are liable to all the State costs in the Superior Court and the Supreme Court, excepting the prison fee. I have seen S. G. Worth this morning and learn from him that the State Solicitor has at length given up all claims beyond this. At the Spring Term he was authorized to demand all the costs in both cases, and not to receive forfeitures, but to issue execution for them, unless the whole of the costs was paid. I instructed him to disregard this instruction and throw the responsibility on me, and he accordingly received the amount of the forfeiture and the cost of the proceedings and to enforce them and with the assent of the attorneys, prosecuting for the State, he claims only what he is bound to demand according to law, to wit, the State's costs in the Supr. and Supreme Court in the case tried, excluding prison fees. No costs are now claimed on the case not tried, and none of defendant's costs are cither called for and the County has made an order directing the prison fees to be paid out of the forfeitures. The order given by your nephew is not, I understand, for a sum sufficient to pay the costs for which you are liable as security for the appeal to the Supreme Court.
I am still a Union man, but for military resistance to Lincoln, believing that Lincoln and his cabinet have acted on their mistaken impression that their policy was the best for the preservation of the Union, and that they do not intend to proclaim servile insurrection. If the latter is the design the South can be conquered only by extermination. If his purpose be, as le says, to respect property and discountenance rebellion or insurrection among our servile population, and our people become satisfied of this, many of our people will not willingly take arms.
I see no hope of any good and stable government except in the United government we are pulling down. It can not be united by war. If peace be immediately made, it will soon re-unite, with an anti-secession clause.
Write me again soon. The Quakers here will not believe your statements as to your Quakers volunteering and the floating of the Stars and Stripes over a Quaker Church.