Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1862-04-24

all exercise assumption of powers beyond thai necef
sity, not clearly justified by it, must be regarded as
an usurpation The necess t. must be positive AMI lot
merely speculative else will it indeed be fairly liza 1le to
the censure which denounces necessity a the ty-
rants plea" as it too often is. Mere inierenal
sty is most dangerous for assumed powers. 1t
is beyond controversy and without exception the plea
under which all usurpatiops have taken place. 1t can
not be too closely watched by the people, too scru
pulously avoided by their agents.
Conventions but representative bodies mere dele
gated agents. with whatever repr, sentative powers the
people may temporarily clothe them for any specific
purpose The rights of the people indeteasbe, and
cannot BY any form Of election pass from the people to
any hundred and twenty persons, matter how in
teligent they may be in fact And bow much more than
intelligent they may in their own eyes The peo-
pie clothed certain body with power for certain pur-
pose. That purpose accomplished on the goth day
Of May last, aud suy subsequent scs not absolutely re-
qured to give force and effect to the ordinance of the
2Oh May, 1861 wanting in moral sanction, and de-
prved of the plea which alone justify their assump-
ton or acuut those concerned in it from tbs charge Of
usurpatiOn.
We make these remarks with no wish to rip up Old
sores. To let byegones be bye cones is usually good
aud genial maxim it is specially SO in times like these
Let the evils of the past be buried with it. hrt do not
let it's Lessons be neglected its experience forgotten
That the Convention has already proracted its exist
ence and extended the sphere OF its operations beyond
the sanction derived from the people at the time OF its
election or any subsequent endorsement by public opn
cir oolu fact dasa
charge We must believe that the majority of the
bers recognise this act also the additional fact that
now, still less than at any former tme is fair oppor-
unitY presented for the discussion OF changes 10 our
fund m N tai law or domestic policy. 1t is not fair it is
not Just to the people Of the East whose eyes are TURNED
in wholly different direction, WHOSE homes menaced
or invaded and whose rights aud feelings are certainly
entitled to little respect from their more fortunate
y situated brethren in other sections OF the State.
In this connection, we fad that the gubernaoral
question occupies place. the proposition to choose
successor to Governor Clark by the convention, moot
ed more than BEFORE is likely to be again revived
under the plea of necessity. As we have said before,
the doctrine of constructive necessity is one Of the most
dangerous that be adopted acted upon in the his
tory of free people, especially when the policy 10 usti-
fcaton of which this doctrine is pleaded is which
tends to the circumscrption of popular rights, and to
the acceeraton OF that process by which power is ever
prone TO steal from the many to the few AS the bar
ons at RunDymede so the people Of North Carolina at
this tine They were then unwilling to change the
laws of England The people are unwilling to
charge the laws of North Carolina The selection of
Governor belongs to the people, and the necessity, to
justify any deprivation or suspension Of this right
Jool ,lof;~,
or nferentia 1t will not do to say that the convention
is in fact the people 1t is the creature Of the people
Neither will it do to say that the convention being
posed Of very able and very good set of men, is bet
ter quail id to choose governor and exercise other
popular rights than the people themselves. This IS but
the plea of all ogarches and Of all autocraces for that
matter. Neither can 1t be said that the couven-
ton is free from rarity bias or personal aspira
ton On the contrary the Convention contains
asprants il proportion to numbers than any SIM
ar body we have ever known. Oar knowledge, we adj
init, is limited and cur dyment may be defective, but
10 this matter We freely appeal to any person who
knows the public of the State, to bear out. We
make this not as charge, We stete it as fact. We
Can hardly admit the peculiar acceptabity OF the Con
vention elective body and any election by that
body will be most clearly usurpaton, unless justified
by overriding necessity, amounting to some nsnper
able obstacle the direct exercise Of the power of cleo
ton by the people themselves
As for the gubernatorial question, apart from the
Convention we have already said that desire sus
pension of discussion for the time being. We have
made no attack upon anybody because Others have
hosted their names We have hosted the name of ne
person. This is no time to indulge in the old politica
maLplvre to forestal public opinion by publishing
little scraps Of letters the voice of the people Such
, things out of place and out OF time We have
referred to charges preferred against Mr. Johnston
they calculated to effect bis candidacy, but al
they aimed at large class Of the citizens of tb
State to whom the prescription directed against MIR
Johnston would equally apply. Mr. Johnston is yer!
s. clever and capable gentleman. So others There
is need to get heated about their RESPECTIVE
CLAIMS There eaims but those of the country
We continue to receive letters from perfectly respon
sibe parties in Onsow county, in reference to the
cent Federal outrages there, confirming all that hay
already stated and repre- senting the state of things
Jones and OnSow distressing in the extreme. As
however these letters simply contain details already Civ
en- totbe public, we forbear their publication at pres
ent especially We know that the military au,hore
n have been fully informed as to this matter.
Is Retaliation is the only resource that we see left t.
put stop to outrages disgraceul to humanity ard vic
e lative of all the rules of civilized warfare. Let Gen
Burnside be at priced that whatever severity
ind, tot ko ~ brro