Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1861-05-09
GOVERNORS. MESSAGE.
To The Honorable, the General Assembly


drawn themselves from the Federal Union, established
government able and determined to maintain
its independence.
Whatever differences of opinion may have existed he
wisdom OF the successive steps taken by those States
generally conceded in North Carolina they could not
rghtfuy be constrained by force remain the Union.
State to secede from the Union expeden
of exercising the right at that time admitting exist
the seeding Union they should be per
mltted to withdraw ID peace Probably not one of your
number ever believed that the Federal Government would
be guilty of the wiekedness of drawing the with
! cut having first rendered the olive branch.
The right asserted by the constituted authorities of
that government to military force for the purpose of
coercng State to remain in the Union against its will finds
warrant in the Constitution and still the principles
In which all our republican institutions based.
Ours government of the popular WILL and not of force.
In its the consent of the governed subst
tnd Tor the rule OF ho WORD the former being regarded
the vital principle of republics, and the latter 'the
erty and hated tyranny they selected that power govern
ment which conserves the and rejected that which,
sooner or later, fails to produce the other.
Upon this principle State governments were formed
each complete and sovere republic within itself and in
assocating themselves in Federal Union they did
render it. for such would have been surrender of their
right to sefgovernmen This theory of government
pecudes the idea of authority vested in the federal head
to coerce by force of arms State acting its sovereign
capacly.
More explicit evidence of the intent Of the trainers of the
Is furnished by the journals and proceedings of
the Convention This evidence can1ot be kept toe promi
neny in vew as illustrates the character of confed
eracy and furnishes safe guide for the performance of
public duty.
Two distinct propositions made in the Convention
confer upon the Federal Government power to
State.
The first proposition to confer upon the National
Legislature the power TO call forth the force Of the Union
against any member Of the U'on failing TO perform its du
The second was in these words IF any State 0ry
6OdyQ men IN any SGte shall oppose prtUent the
rytng into execution such acts eeS the federal
tIUe shall be authorized to call forth the pO10er of the
tederdte States much thereof may be necessary
enforce and compel obedience to such acts oder
U0nce OF such treaties"
All the members upon these propositions spoke
against them and ALL including their movers voted against
The sentiments then expressed by the leading
OF the Convention the two opposing classes
as to the true Interpretation of its action.
MIR. Madison obser8d that the he reflected or the
force the he doubted the practicabiity the
justice and the efficacy of it, when applied people coec
lively and not individually An Union of the States,
destruction The of force against State would look
more like declaration of than inicon of punish
tackled as luton OF all previous compacs by which
might be bound.'
General Hamilton speaking on the same subject said
But how this be exerted upon colec
lively? It is impossible. 1t amounts to between the
parties Foreign powers also will idle spectators
They will inerpose. The confusion will increase and dis
solution of the Union will ensue. Again, illustrating, by
an historical example, the consequences exercise Of
such power by Confederated Government he said 'Its
DEGREES were signals of war"
THAT whenever any form government becomes de-
strucve Of these ends he security of their rghs it is
the right of the people to alter or abolish it, and TO institute
ne government, laying foundation on such principles
and organizing its powers in such form the shall
most likely effect their safety and happiness" And
given the Federal Government power compel
the organized communities of States to remain under the
vernment against their will would have been to give
power which the Declaration independence had de-
cared could be possessed Government whatever
Hence we are not surprised to n that the to
fer such power had advocate in the Convention.
After Government had been organized, the
Hest as it was undoubtedly one of The most important and
delicate duties devolvng Congress-, to furnish the
President with the powers necessary enable him to take
that the laws be faithfully executed and pass such
he
militia execute the laws of the Unon suppress nsurrec
tion and repel INVASION
Accordingly find that early 1898 law pass
ed tor the purpose 1t having been found defective
suspended by the act of 18th February 1895 which with
out addition amendment, has remained the law the
subject down to the time enacted by Congress,
which, large extent, composed of the individuals
who had assisted in framing the constitution is the best
interpreter OF the general language used IN that Instrument
ana ne dy Of It's s 10 ne M O afcn
giving him power to military force except posse
cOndt or otherwise in aid of civil process Ours being
of law and not military despotsm, other
construction could be placed upon that act When in 1885,
the of forbade the execution of the
if law within her limits the act of 1895 force pre-
cely to-day but President Jackson knowing that
civil process that there would be South
Carolina to process called upon Congress for addition
al powers and that body enacted what has been tamary
known the Force BlU." That act was in my opinion,
volave of the Constitution but attempt made
exercise the powers conferred by it, and expired by
it's limitation 1885. The political friends of the pre-
administration, well knowing that there law
the book under which, the President could mill
Marshas and other civil officers had been expelled urged
Congress- its last session. to enact laws cOnerrng him
such authority The journals of that body will show that
bills the purpose pressed with the utmost perna
city, and also that they not enacted into laws
He usurped the coveted powers which Congress had re-
fused to confer on him. and whilst Commissioners from
Confederate States at the seat OF Government urging
peaceful settlement of all questions in dispute, and striv
ing to avert country the caamites of civil
whilst the people being deuded by daily protestaons
from the President of his firm purpose to preserve the peace
and we were in momentary expectation of hearing that F
SUMTER in Charleston harbor had been evacuated secret
expedition fitted out and steahy dispatched to com
mence the war; by attempt renforcements
that fOrtfcation. To high crlmlnaty IN involving the
country in civil added base perfdy in exciting
hopes and expectations to be dashed at the moment OF ru
ition. .
tence that Of 1895 confers him power to
issued proclamation calling the States to furnish
Of War officially informed me that N Carolina was expected
to furnish regiments to aid the North in subjugatng
them her daughters of the South I promptly replied to
that functonary, that " regard levy of troops for the
purpose of suhugang the States of the South in violation
of the Constitution and an usurpaton OF power can be
party this wicked violation of the laws of the country
and this upon the liberties Of free people. You
can get no troops from North Carolina"
The outburst OF Indignation with which the proclamation
State convnces me that did mistake the people whose
Chief Magistrate am The aacrlty with which they have
sprung arms-outstrppng the slow forms of law and
enabling assemble army from the plough and the
time than has required the
have only made more dear to them their fights and
liberties and have not in the least impaired their readiness
and their ability to defend them.
Under the advice of the Council State have establish
ed at the Seat Government camp instruction. to which
have ordered such ready tor service and
not needed for the protection OF the seaboard
usurper who had already seized the sword without
borty OF and using against his countrymen,
could with safety to the State be allowed to establish
himself in strongholds and fortified places within
limits therefore, discharge of plain obligation de-
vovng on Governor OF the State and in virtue of
the powers vested in Governor and
and Commander Chief of the Militia lost time in TAX
ing possession in the name of the State of the forts
senas ether property the Federal within
the State and they held under my orders by ade
quate garris ons. ... -
erty thus into soon as reports can be
prepared by the proper departments. ,
in he