Spirit of the age. [volume] (Raleigh, N.C.) 1849-1865, 1861-05-08

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enable him to take care that the laws be
faithfully executed" and to pass such laws
as might be necessary to provide for calling
birth the militia to execute the laws of the
Union, suppress instruction and repcl in
~vasion.n
Accordingly we find that as early as 1898
a law was passed for the purpose. 1t having
been found defective, it was superseded by
The act Of 28th of February, 1905. which,
vi bout addition or amendments Is remain
ed the law on the subject dowrNDPbe pres
cnt time enacted by a Congress. which to
large extont, was composed of the indiyidu-
ais who had assisted in framing the Consti-
tuition, 1t is the best interpreter Of the gen
eral language nsed in that instrument: and
from the day of its passage down to the 4th
OF March, Of the present year, no President
has ever construed it as giving him power TO
use mi itary force except as a posse comifa-
tbs, or otherwise in aid Of civil process
Ours being n government Of law and not A
military despotisln, no other construction
could be placed upon that act. Wheni In 1888.
the State OF South Carolina forbade the execu.
ton OF the Tariff law within her limits, the
ACT oil lf9o was IN force precisely as it is to-
uay but President jackson knowing that
the at only authorized the use of the mill
- III ~ III " N1NH DIOCCSS. am 1hQf
there would be no courts in South Carolina
to issue process, called upon Congress for
additional powers, and that BODY enacted
what has been Familiarity known as the Force
Bill That act was in my opinion v~iolativc
Of the Constitution, but no attempt was ever
made to exercise the powers conferred by it.
and 1T expired by its own limitation, in 1885.
The political friends of the present admins
%tratlon, well knowing that there was NJ law
ION the statute book under which the Presi-
dent could use military force in the States
from which the federal Judges, Marshals,
and other civil officers had been expelled.
urged Congress at its last session to enact
laws comforting on him such authority. The
Journals of that body will show that bills
Tor The purpose were pressed with the ut
most pertinacity, and also That they were
not enacted into laws.
He usurped the coveted powers which Con-
gress had refused to confer on him, and
whilst Commissioners from the Confederate
States were at the seat of government urg-
ing a peaceful settlement of all questions in
dispute and striving to avert from the coun-
try the calamities Of civil war-whilst the
people were being deluded by daily protes-
tatlons from the President of his firm pur-
pose to preserve the peace, AMI we were in
momentary expectation of hearing that Fort
Sumter, in Charleston harbor, had been evac-
uated, a secret expedition was fitted out and
stealthily dispatched to the war,
by an attempt to throw endorsements into
that fertilization. To high criminalty in in
volving the country in civil war, was added
base peridy in exciting hopes and expecta-
tons to be dashed at the moment of %fruition.
Having thus commenced the war, the Presi-
dent, on pretence that the act of 1875 con-
fers on him power to do so, issued a Procla-
nation calling on the States to furnish sew.
enty five thousand men for carrying it on,
and the Secretary Of War officially informed
me that North Carolina was expected to fur
nish two Regiments to aid the North il sub
~jugating her sister States-we might with
propriety say of some of them her daugh-
tiers of the South. | promptly replied to that
functionary that i regard the levy Of troop:
for the purpose of subjugating the States O
the South as in violation Of the Constitution
, and an usurpation of power. | can be nc
party to this wicked violation of the Laws
Of the country, and to this war upon the lib
. critics of a free people. You can get M
; troops from North Carolina"
The cutburst of indignation with which
, the Proclamation of the President has beer
recefVoa ny "a saro oAAAA~r- &c tho State con-
y vinces me that | did not mistake the peopa
r whose Chief Magistrate | am. The a~lacrity
/ which they have sprung to arms, o~Utstrip-
r ping the slow forms of law and enabling m
to assemble an army from the plough an,
: and workshop in less time that it has requir
n eG to convene the General Assembly, is proc
o that long years Of peace and order have on
+ ly made more dear to them their rights an
liberties and have not in the least impaire
10 their readiness and their ability to defen
"a them.
Il Under the advice of the Council Of Stat
/. / have established at the seat of govern
ment a Camp Of Instruction, to which
have ordered such troops as are ready ft
v service and not needed for the protection
the seaboard.
A usurper who had already seized tn
sword without authority of law and wa
a using it against his own countrymep, coul
not with safety to the State be allowed
establish himself in the strongholdS and 70
titled places within our limits. ] therefor,
in discharge Of a plain obligation devolvin
on me as Governor of the State, and in vi
tue of the powers vested in me as GovernC
" and Captain General and Commander il
~ Chief of the militia, lost nc time in takin
- possession, in the name of the State, of tt
EbiIos 1lONil1tS dlb OAiIC OCbN ptOpClN
~ of the Federal Government within the Stat
II and they are now held under my orders b
IN adequate garrisons.
will in due time lay before you a state
Of ment Of the property thus taken into pn
of session so soon as reports can be prepare
by the proper departments.
Experience having brought to light rad
cal defects in the laws for the organization
the military forces of the State, | invite yo,
II early attention to the subject. 1t is bellevt
that the legislation of your late session HI
70 not materially improved our military sy
II. tenn and have no hesitation in e~xpressir
n. the opinion that the existing laws are whC
to ly inadequate to the emergency that is upC
us. / forbear making suggestions in deta
he upon this subject, and will content mysC
he merely with remarking that the military re
nd ~ulationS of other countries, especially tho
lie renowned for &C Movements in arms, shou
not be lost sight Of in the trying necessi
IS. by which we are surrounded The e1icie
cy of this branch Of the public service r
ok quires, in my opinion, a thorough revisi,
and modification Of existing legislation
Nv the subject.
is would respectfully recommend the RAJ
ch Ing and organization of ten regiments
serve during the war, and that appropria
me bounties be offered to all persons thus enlii
be ing.
is of the sum Of three hundred thousand d
ZEN lars appropriated at your late session I
be arming the State, | have expended $35, go
he 55-which amount will be increased by OF
of standing contracts to the further sum ofS25
600 or Whereabouts.
on. The State being at present provided wi
de- arms, | would recommed that the remand
of this appropriation be directed to the pre-