The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-05-07

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IN that Instrument and from the day OF It's passage
do~n 70 the Ah OF March Of the present year, No
President has ever CONSTRUED 1t az giving n1 power 70
use mntary force, except as posSs micis or o.nel
wise IN aid Of civil process Ours being government OF
Law and not military despotsm, other construction
Gould be placed upon that act When in 1893 the state
OF South Carolina the execution OF the Tariff lay
within her limits the act OF 1875 In force precisely
rs II is tocay but President Jackson xing thai the
act only authorized the Of the military force IN aid OF
civl ocess and that thore would be Ia south
Carolina 70 issue process called upon Congress for add
mDaiiy known as the "Force BILL The act was in my
opinion vioative OF the constitution no attempt
ever made to exercise the powers conferred by and 1t
expired BY lts own limitation, in 1885 The political
fends OF the present administration well knowing that
there was no Law the statute book under which the
President could military force in the States from
which the federal Judges marshals ana other civil OH.
GERS had been expelled urged Congress at s last session
70 enact laws comforting on him such authority. The
Journals o. that BODY viii SHOW shat bills tor the purpose
were pressed with the utmost pertnacity aud also that
they we're not enacted into Ia vs.
He usurped the coveted powers which Congress- had
refused 70 confer on him. and while Commissioners from
the Confederate States Ut the scat of
urging peaceful settlement ef al questions in dispute,
and striving 70 avert from the country the caamtes OF
civil While the people being deiuded by daily
proteeatons from the President OF his firm purpose to
preserve the peace and in mouentary expecta
ton Of hearing that Fort Sumter Charleston harbor
had been evacuated, secret expedition fitted out
and steathiy despatched to commence the war by an
attempt to throw renfocemens into that fertilization
To high criminalty, involving the country in civil war
added base perhdy in exciting hopes and expeca
tOus 70 De udt 0eu at Tue moment Oh IruillOn
Having thus commenced the war, the President, on
that the 1895 conferred him power
80, Issued proclamation calling on the States to furnish
seventy five thousand men for carrying and tho
Secretary OF War officially informed me that North Caro-
Ira expected TO furnish two regiments 10 aid the
Norrh IN subjugating her sister Staes-we might with
propreiy say Of some OF them her daughters-of the
south promptly replied TO that functonary that II
regard levy OF troops for the purpose OF subugang
States OF the South violation Of the constitution and
CsuJpaca of power can DO party to ths wicked
violation Of the laws Of the ~ and to this upon
the liberties OF free people You can get no troops
from North Carolina "
The outburst Of Indignation with which the procams-
matcn OF the President has beer received by ali the c
o. the State conviaces me that cid not mistake The
people whose Chief Magistrate The alacrity. with
which they have sprung 70 arms ontstrDpDg tne SLOW
forms Of law and enabling me 20 assemble army from
tho plough and The Workshop in time than il has
required to the General Assembly proof that
long ears of peace ana order have only aie mo dear
them their rghts aco liberties and have not In the
least impaired their readsess AMI their ability to defend
them.
blshed at the sea Of government camp OF instruction,
10 which | have ordered such troops ready for
and needed for the protection Of the seaboard
Tie usurper who Lan already seized the s8ord with
out authority OF Ia ~, and was using II against MS own
country men could not with safety to the State be al
low ed establish himself stronghoos and fort
fed places within limits, l, therefore, Ia discharge
Of plain obligation devoyng on me as Governor OF the
state anc 10 vItue OF The powers vested In me as Go
and Captain General and commander IN Chief OF
the militia lost tae taking possession lie the name
OF the State Of the forts arsansls and other property Of
FDt IeOerA government WitDln tDe anu lney
now hello under M orcers by adequate gsrrisons
Twill N due time lay before you statement OF the
property thus taken into possession as coon as reports
can be prepared by the proper departments.
Experience having brought to light radical defects in
the laws for the organic alton OF the military forces of the
State invite your early at enon 20 the subject 1t
believed that the legislation o. your lats session has
not materially improved our military synte, and have
hesitation in expressing the opinion that The existing
laws are wholly inadequate W the emergency that u
upon fGrbear making suggestions in detail upon
this subject aud Will content my self merely with
marking that the military regulations Of other countries
especially these renowned for achievements N arms
should not be est sight OF in the trying necessity By
which we are surrounded The efficiency OF this branch
OF The public service rfouirf in my opinon thorough
revision an0 MOI dcation u existing legislation the
subject
woud respectfully recommend the raising and organ
zton Of ten gmt NIT 70 during the war ami that
appropriate bountes be offered 10 al persons thus enlist,
ing
OF the sum OF three hundred Thousand dollars appropr
ateo az orr late session for arming the State, have
pended $3.50 IS, which amount rl be increased by
outstanding contracts to the further OF s2s 600,
thereanouis
The State being at present pro yided with arms would
recommend ihs tho remainder &C this appropriation be
directed 70 the preparation Of munitions OF aud the
manufacture ~ arms that may be hereafter needed The
arsenal at Fayetteville is in all respects suitable oca
ton fer the prosecution of such works.
Our eeaboard cecnces Of the utmost importance,
apc have engaged large share OF the attention Of this
department Specific pans Tor the construction Of new
works, ard making good defence n that quarter,
Will with more pr'pety, be laid before the proper con-
miitees Of your BODY.
connected with the defence Of the State the details and
amount OF which will be communicated 20 you by the
private individuals and portion remains paid AIDE
quste means should be provided 10 meet this expenditure
and also to enable the state to carry the de-
fence OF its rights and liberties.
IL gives me pleasure to acknowledge the timely and
important aid rendered by the Governors Of Virginia
and south Carolina towards placing our Notifications on
the sea coast in defensibe condition. cheerfuly re-
cprocated this favor To the extent Of my ability by send
ing 70 the Governor Of Virginia portion q ths arms in
our possession and which could conveniently be spared
1he northern Cover nnent s now concentrating large
force IN the District Of Cormbs osensby protect the
seat OF government but such force caUnot To allowed
remain within the limits OF Maryland and the borders
OF Virginia, without seriously endangerng the liberties
OF the people OF those States they be conquered and
overrun North Carolina win become the next prey to the
nvaoers Policy, then. well sympathy and feeling
OF brotherhood, eDgcndercd by common interest re-
qures us TO exert our energies in tue defence OF Maryland
and Virginia Every battle fought there, will be battle
fought IN behalf or North Carolina and there troops
should be speedily sent.
There be doubt that the people OF our state are
now fully united TO the policy TO be pursued With
ference to the future Northern government IL a
tied conviction OF the public mind, that the time has
arrived when we must separate from the people of that
section OF the country. They have drawn the sword
against us, and seeking our blood They nave
promised to partition our property and The earnings Of
cur people among their mercenary soldiers after sub
iugaton shall have been enacted. Even those among
them who protested TO be our friends most
ous IN this wicked crusade against All fraternity of
feeling Is loet between and them. There must be
separation at once and forever.
WIN view, therefore, OF the secession OF North
Carolina from the Northern government and her union
with the Confederate States at early period prac
tcab'e, would respectfully recommend that
ton of the people be called with full and final powers
The powers Of the Convention should be full, because
the sovereignty OF the people must be frequently resort
cd 70 during the and II, therefore, becomes
sary that should be temporarily reposed in the Con
vention The action Of the Convention should be final
because OF the Importance OF speedy separation from
the Northern government and the well kno fact that
upon this point our people a unit
l cannot close this communication without cangratu.
atng you upon the harmony OF feeling and the OF
purpose now existing among the people Of every part Of
North Carolina No sooner WAS IL seen that liberties
were menaced by the usurpcr than all party feuds
forgotten and the patriotic fires that burned ia the
boeoms OF ancestors rekrdlcd In the breasts
OF their descendants. The hearts OF the people every
where prepared for the contest before let us
fervenuy mpiore Almighty God that united counscls
and harmony Of purpose may prevail among that
may be entitled 70 prcserve the blessings OF liberty
that We have inherited from our fathers
JOHN W. ELLIS
TN ANGIE or yIRCTNIA HEAnOIr ARTERl