The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1861-05-07
GOVERNORS MESSAGE.
TO the Honorable, the General assembly Of

;udpment, demanded that you should be convened
at this unusual period
At the time of your adjournment, six of the
States had, in the most solemn manner known to
our institutions, Withdrawn themselves from the
Federal Union and established a Confederate
government, able and determined to maintain its
Independence.
Whatever difference Of opinion may have ex-
sted as to The wisdom of the successive steps
taken by those States, 1t generally conceded in
North-C Carolina that they could not rightfully be
constrained by force to remain in the Union.
You were greatly divided in opinion to the
right of a State to secede from the Union and
also as to the expediency of exercising the right
at that time, admitting it to exist; but all admitted
that if concatory measures should fail to restore
the seeding States to the Union, they should be
permitted to withdraw in peace. Probably not
one of your number believed that the Federal
Government would ever be guilty of the wicked
ness of drawing the sword without first having
rendered the olive branch.
The right now asserted by the constituted au-
thorities of that government, to military
force for the purpose of coeTclng State to remain
in the Union against its will, fluids no warrant in
the Constitution, and still less IN the principles on
which all our Republican institutions are based
Ours is Government OF the popular will, and
not of force la its construction the consent of the
governed substituted for the rule of the sword
the former being regarded as the 'vital prin-
ciple Of republics, and the latter as the iDue
date parent of despotism" AS our fathers loved
liberty and hated tyranny, they selected that
form of government which couserves the one,
and rejected that which, sooner or later, never
fails to produce the other.
Upon this principle our State Governments
were formed-each complete and sovereign
public within itself; and in associating themselves
in Federal Union they did not surrender it, for
such would have been a surrender OF their right
Of sef.government This theory of our Govern
ment precludes the idea of authority vested in
the federal head to coerce, by force of arms, a
State acting in its sovereign capacity.
More explicit evidence of the intent Of the
trainers of the Constitution is furnished by the
journals aud proceedings of the Convention. This
evidence cannot be kept too prominently in view,
as it illustrates the character Of our Confederacy,
and furnishes safe guide for the performance of
public duty.
Two distinct propositions were made ia the Con-
vention to confer upon the Federal Government
power to coercc a State
The first was proposition to confer uuon the
National Legislature the power
To call forth the force of the Union against any
member of the Union failing perform its duty under
the articles thereof"
The second was in these words:
I" If any State any body of men in any State shall
oppose prevent the carrying into execution such
treaties, the Federal Executive shall be authorized
to call forth the power of the Confederate States
much thereof may be necessary to enforce and COM
pei obedience to such acts observance of such
treaties"
All the members who spoke upon these propo-
siious spoke against them, and ALL including their
movers, voteu against them.
The sentiments then expressed by the two
leading minds of the Cow ention representing the
tUOO of hicll
divided it, leave nothing to doubt as to the true
Interpretation of its action.
Mr. Madison observed:
That the more he reflected on the use of force the
he doubted the practicabily, the justice, the
efficacy of it, when applied to people collectively and
individually. An Union of the States, containing
such ingredients seemed to provide for its dcStruc
ton The of force against State would look
more like a declaration OF war than an inlictiOn of
punishment, and would probably be considered by the
party attacked dissolution of all previous compactS
BY which it mi ght be bound
Gen. Hamilton, speaking the same subject, said:
"But how this force be exerted upon the States
collectively? 1t is impossible 1t amounts to
between the parties Foreign powers will not be idle
spectators They will intcrpoSe The confusion will
increase and dissolution of the Onion will ensue."
Again: illustrating, by historical example,
the consequence of an exercise of such power by
Contederated Government he said: " Its de-
ereeS were signals Of war;
The Declaration of Independence had distinctly
declared:
THAT whenever any form of Government becomes
destructive these ends, 1.-THE security of their rights
TITS the right of the people to alter abolish it, and
10 institute new Government, laying its foundation
on such principles and organizing its powers in such
form as to them shall most likely to effect their
safety and happiness"
And to have given to the Federal Government
power to compel the organized communities of
States to remain under the Government against
their will, would have oeen to give to it a power
which the Declaration of independence bad de-
clared could not be possessed by any Government
whatever. Hence we not surprised to find
mat the proposal to confer such power had no
advocate in the Convention
After Government had been organized. one Of
the earliest, it undoubtedly one of the most
important and delicate duties devolving on Con-
ers necessary to enable him to stake care that the
laws be faithfully executed, and to pass such laws
aS might be necessary to provide for calling forth
Tue militia to execute the laws of the Union sup
press Instruction, and repel INVASION"
Accordingly We find that as early as 1893 law
was passed for the purpose. 1t having been found
detective, 1t was superseded by the act of 18th of
February, 1895, which, without addition or amend
ment, has remained the law on the subject down
othe present time; enacted by Congress which, |
70 large extent, was composed of the individuals
who had assisted in framing the Constitution it is
the best interpreter of the general language used
10 the instrument, and from the day of its pass
age down to the 4th of March, of the present year,