The North-Carolina standard., 1849-08-22

returns from the Division, except the 7th Brigade
4 that Gen. Leach was then in Raleigh, and he had
notified him that he waiting his report, and thai
as soon as it was made he (the Adjutant General)
would have the election certified 10 the Governor,
and my commission would issue" -l,e3.G. ..z ~
waited until the Legislature adjourned, and then
learned that Gen. Leach had made no report of the
election in his Brigade, and had declared that he
would make no report ,s4.z,e,ffss, ,~srasese-
AS by law the Colonels Of the Regiments were
bound to report within ten days after the election to
the Brgadier General, General Leach had full and
early returns of his Brigade. To make his report
would not require five minutes duty Such conduct
called forth my first letter 9th February to your
/ Excellency, as Conmander-in-chief, demanding a
court martial on him, and requesting my commisslon.
| Your reply of 18th February did not notice my
demand for court martial, nor did you forward my
commission. You inform me only that the Adjutant
General is absent similar demand met similar
reply the 7th April. As the Adjutant General is
salaed officer paid for his valuable services the
State, it is but just suppose that after waiting
three months for General Leach, he would have re-
ported the it stood the reports of Gems.
| Logan and Neal. -: :. 80 ..
| II cannot for moment suppose your refusing a
court martial on Gen. Leach, charges of neglect
and delinquency duty, arose from any deliberate
intention not to ''execute the duties of your imPor
tant Office without favor affections agreeaby to the
Constitution but beg that you consider this de-
mand, as IT may involve much more Important cases
than the present, and your refusal -
Be recorded as precedent, x.... =
And many an error, by the same example, 49,. 4,
Will rush into the State" -.-. = 4
IF Gen. Leach's conduct receive the eountenanee
and sanction of the Executive, it is in the power Of
any returning officer Of election by neglect design
or fraud Ito defeat the popular will. Suppose in your
own election last summer the Sheriff of Burke, or.
Davidson, Iredell, or any other county that gave
your Excellency 674 majority, had neglected or re-
fused to make return of the vote, as Gen. Leach
has done in this election, you would have been un-
lawfully dealt by and defeated. All honest men of
all parties would have condemned such conduct. You
in such would feel now feel, that deep in
Justice had been done; you would seek, as now do,
justice and right Let, then in this case. that golden
rule prevail that both have often listened 10 at
the same ALTAR therefore all things what
soever ye would that men should do to you, do ye
even to them, for this is the law and the prophets
If in the case adduced there is specified time
fixed by law, in which the returning officers must
make their return, and no time is named in which
the Brlgader must report, it is equally true that law
expressly says that the Colonels shall report within
ten days the Bigadier General the result of the
election, and the inference is clear that the Brgadier
General, having all the reports of his Regiments
within ten days, shall report forthwith. have now
waited patiently more than seven long months, and
II would ask how long is the Division to be kept
without its commanding officer fear that the flow
ing plume of this officer will be whtened by the
frosts of age before it issues it come on that
important day when England's great statesman.
Charles James Fox promised to pay his just debts,
''the great day of judgement" We shall then be
too busy TO attend to II. OF thing
doubt, that there was election that some one is
elected and only Mr. Gather and myself were
voted for, it must be that of is elected AS
no commission has issued to either, MI Gathers
patience too, may have been threadbare, and he may
file mandamus against the Executive. What the
direful effects of this may be can foFesee. 1t
might put your Excellency in the truly undesirable
position of an equally distinguished Captain General,
OF having fire opened in front and at the same
time" ST. .- IS - .s ~ ~ .-4- :.-s =.
Your letter informs that &c you have juris-i
Il 1InfIrn
be correct, shallsay of our low-country law
yers did at some unexpected decision from the conrt
Z" l leave the court house wiser man than when
entered it.' did think that by the Constitution,
18th Sec the Governor shall be Captain General
and Commander-n-Chi hief of the Mtia.'' did think
the Adutant General was by law appointed by the
Governor, subject to his orders and commands that
he formed part Of his military staff, and held his
Office during the pleasure of the Governor. l did
Think and still think that In this particular case, that
when your Excellency was apprsed of the delay in,
either the Adjutant General, BTigadier General,
any other, that yor had the power to expedite and
conclude the matter and that your power was super
visory as Commander-in-Chef.s But as you think
differently, may be in This is to be ascertain
ed by the law and public opiuion -t''a s2s sa p
I As regards the election in the 8Sth Regiment be-
ing illegally held, and not in accordance with the
act of 1885, this is not germaine to the issue.
offered in my letter of 25ths February last, that if
you thought that the election illegal, effected by
any contrvance fraud, to resign and let the e!ec
tuOn Oe neiQ over dSdtH Throughout tue ItVtSioH'
This repeated in my letter of the 30th March,. But
you did not agree to this. The it stands
is placed in this positon-that there an election
held-that comparison of the final vote received
legal tajority-that have applied to. the proper
authority fora commission-tat this commission has
been denied me. This right is created by the free
and unbiassed sufrages of majority of the brave
/ officers of the 4th Division, embracing nearly one
fifth of the State. This right, uncontaminated by
any fraud, unbiased by party prejudice, is guar
anted by the law and this is the true position of
the case, and it is asimpregnabea the rock of Glib
raltar. sr-5ssc 5 es -eeHlsa Ea,gi l.4 s-
srated against the delay; and the case will be SUBJ
mitted, if not acquiesced in by your Excelency, to
1 that supreme tribunal in land, where delays
should occur, wherejuslce is beeVedto be rendered.
where prejudice and partality can have place. .and
from whose deeisionthere is no appeal. q. -s.a
sour whole militia system is little better than a
4 JEST is the opinion of your Exceency. Doubtless
as administered in this case, by the present ON
-ander in Grief, il is but too tr1e The militia Of
our country is In the opinion of the founder of
government its chief defence, and under propedis-
Ecipline and system, its ornament and glory. In a
Isiser State, under different Executive, the militia
has attained high reputatonor discipline and effect
1t has encircled its name in letters Of glory the
broken armour of the eneny and the Palmetto, borne
by militia, has waved in triumph the eagles of
Mexico, amid scenes of carnage. has 'tei1A = a3z
+ This opinion of your Exeelleneys~of our militia
being but little better than Jest may be attributed
the fact that you have rarely either in service
or review the brave mountaineefs of this Division,
and that when you do, either Commanderin Chief
or asa candidate seeking their votes for areeleeon
lit is to be- hoped that your opinion may be modified
tor changed. s=.g qtl ssB 81 .sr5z 4r4 = F54sg