The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1861-05-08

sent time: enacted a by Congress, which, to
a large extent, was composed Of the indi-
viduals who had assisted in framing the Con-
stitution. it is the best interpreter of the
general language used in that instrument;
and from the day of its passage down to the
4th of March, of the present year, no Pre-
sident has ever construed it as giving him
power to use military force except as posse
eomitdtus, or otherwise in aid of civil pro-
cess. Ours being government Of law and
not military despotism, no other construc-
tion could be placed upon that act. When
in 1888, the State of South Carolina forbade
the execution of the Tariff law within her
limits, the act of 1875 was in force precise
" as it is to-day; but President Jackson
knowing that the act only authorized the
use Of the military force in aid Of civil pro-
cess, and that there would be no courts in
South Carolina to issue process, called up
on Congress for additional powers, and that
body enacted what has been Familiarity known
as the " Force Bill" That act was in my
opinion yiolatiye of the Constitution, but no
attempt was ever made to exercise the pow
ers conferred BY it, and it expired BY its
own limitation, in 1885. The political
friends Of the present Administration, well
/ knowing that there was no law on the statute
book under which the President could use
military force in the States from which the
Federal Judges, Marshals, aud other civil
officers had been expelled, urged Congress
at is last session to enact laws comforting
on him such authority The Journals of
that body will show that bills for the pur-
pose were pressed with the utmost pertinac-
ity, and also that they were not enacted
into laws.
file usurped the coveted powers which
Congress had refused TO confer on him, and
whilst Commissioners from the Confederate
States States we're at the seat of govern
ment urging a peaceful settlement OF all
questions in dispute and striving to avert
from the country the calamties of civil war
whilst the people were being delnded by
daily protestations from the President of his
firm purpose TO preserve the peace, and we
were in momentary expectation Of hearing
that Fort sumter, in Charleston harber, had
been evacuated, secret expedition Was fit
ted out and stealthilY dispatched 10 com
mence the war, BY an attempt to throw re-
Inducements into that ratification. To high
criminality in involving the country in civ
il war, was added base perEdy in exciting
hopes and expeditions to be dashed at the
moment Of fruitlOn.
Having thus commenced the war, the Pre-
sident, on pretenee that the act OF ls95,con-
fers ON him power to DO so, issued a Procla-
nation calling on the States TO furnish sew
enty.fye thousand men Tor carrying il on,
and the Secretary of War officially inform
ed me that North Carolina was expected 10
furnish two Regiments to aid the North in
subiagating her sister States-we might with
propriety say OF some Of them her daughters
--of the South. promptly replied 10 that
functiOnary that q regard levy of troops
for the purpose Of sabjugating the States oI
I the South as in violation Of the Constitutions
, and an usurpation Of power. | can be NJ
party 10 this wicked violation Of the Law:
. Of the country, and 10 this war upon The
liberties Of free people. You can get nj
troops from North Carolina"
The outburst OF indignation with which
. the Proclamation Of the President has beer
received by all the citizens OF the state
conyinces me that did not mistake the PEG
pie whose Chief Magistrate lam. The alacri
II with which they have sprung 70 arms, out
stripping the sloW forms Of law and enablln.
me 10 assemble an army from the plough AN,
the workshop in less lime that II has reqair
, ed to convene the Genesal Assembly, i
proof that long years OF peace and ofde
have only made more dear 70 them their right
, and liberties, and have not III the least lm
paired their readiness anu taelr abilitf.tO Dr.
iend them.
Under the advice Of the Council u Stat,
have established al the seat Oi GOserBmen
Camp Of Instruction, to which ! aaye or
. dered such troop. As are ready ipr serYic
] and are not needed for the protection of I'll
, .eaboard.
!. A usurper WIN had already seized u
< sword without authority IL Law and was u
: ing il against bis own cOuntrymen. cOult
! not with safety TO the State be allowed I
: establish himself in the sirongholds and for
{ tilted places within our limits. /, therefore
IN discharge Of plain obligation detoiyinj
E on me as Governor Of the State, and ii tir
: tue Of the powers vested ii me- al Ioyefnl
: and Captain General and Commander i
D Chief Of tie militia, lost no time ~ takinI
/ possession, 10 the name Of the state, 81 d.
J. Forts. Ar.enals and other property OF III
: Federal Government within the State, an
: they are now held under my orders by ade
/ Equate garrlsnns.
\ ] viii in dae time lay before ysn state
! ment d property thu. taken into p0.sss'io
30 soon as reports can be prepared by 10
d proper departments.
Experience having brought 70 light radi
i cal defects in the law. for the Organization
: Of the military force. d the State, | insit
g your early attention TO the subject. II
Z believed that the legislation Of YOUR late ~
. sion has not materially improved our militia
Z ~ system; and have no hesitation il ex
i pressing the opinion that the existing Law
/" are wholly inadequate TO the emergency cha
i is upon Us. i0rbear making suggestions j
! deiailupo this subject. and will cuntent ms
! self merely with femarking that the miiliar
{ regulations Df the countries, especially lilo.
renowned for achievements III arms. shOul
d NJ, be lost sightof il The trying necessity b
!. which we are surrounded. The ellieiebc