Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1862-07-24

We are indebted TO the polite Captain Of the Under
Gro1rd Railroad, direct from the State of Hatteras
By Shark Express to NeEbern for copy OF the follow
ing extraordinary proclamation, purportiug to have
ceutly been issued BY authority OF Coz. Marble Mash
Taylor 10 command of the conquered territory of Hat
t.ras Inlet. We sure it Will readers and
tween the Lincoln Governors. May they fight it out
to their hearts content Bu let Gov. Taylor be heard
.Gov." Taylor We. - Cow sisnIy.
[PRocLAMAr1oN,]
To nv Lopot Subjects IN No, tn Carolina |, Govern
or Marble Nash Taylor, CapainG Of terri
tory of Marines having noticed with feelings OF aston
shn eat and profound indignation the foolish and
treasonable movements Ct Ed. Stany, do this day.
BIZ my letters patent, fully clare and assert my
hority aud power as Ire Governor of Hatteras, New
Bern aud Beaufort, and such, rebuke the pres imp
tion OF the bogus Governor. Subjects :--Attgr my
achievements at Hatera5 Mr. Lincoln seeing that there
merit 10 thought proper To show his aprreca-
tion OF my gaiant conduct by mahirg me Governor.
Now did he bave the power 10 confer this ap-
pointment? In order decide this point, | refer you
to the following constitutional authorities Swain
Justice page 49, sec. To- Safe vs. Tenn, SO Starkie
on Executors, ! IA iner on Ev., ID and iG Ii is
settled then that he hi tie appointing power. Whe7
the appointment passed Of him it vested in was
IN erento Iegis or i'll 'nvJtbus; = it conid not be
g,enio iegis, for the maxim prevails ir de mt"imi>
non carat" Could it he in 'rublbuS p Cherry not
for the stream carn0t rise higher than lis lountain.
Having tea vested in by what process could be
dvested OF il? See Cokt's Institutes Barns on
Bal mint, page % aud Is Was the appointment
to me- an sncio tie one? Che reasoning employed
in the State VS.. Brown settles that point.
In that case the Judges C,1us Ell soiUm rms
est uSqne I'd eceiun Was My appointment couped
with condition upon the failure nperfOrmance OF
which my powers should cease? AssuedIy pot, and
for the following ressos Being an incorporate her, d.
lament, it issued out OF me- AID us continue whilst
continue when TO 1--we, c. ase TO IL Governor
- CeSsante cess ttecFus" See Sauotcs on Uses
and Trusts story on the fe' 0uton, and Others.
Can there be two Governors at aud lie same
time? In other words, be Governny OF Hatteras
and StauIy of New bern at and the time p
This point has been repea ediy adjud caed-GI cenea
on Governors Toiitr Denitaries &c. The Judges
there expressly say, be c'nJ appoinee shall not
usurp the digntes and hon"rs OF The frs, but ta thu
! sight Of primogeniture shall prevail and the secoud
shall serve the frs" Having now establish my au
thority, call upon my subjects to obey Ii is ut
cohoot business between SauIy ard myself. 80 the
whole hog, and Starly is nothing bu& pis-my,
| therefore issue this my proclamation, calpg upon
my good end los al subjects, the Bankers ard the
Beacbers, 70 rally ut once to the I0Jlr fdg. rea
sOuabe price will he paid for the crcass of EdwalC
SONY, il brough to dead crippled, at Hateras
! payment be fish, New Y ork cenSati0n money
Men dsobeylpg these orders will be hung ii caught
women aud children will be whipped according.
/ Done by me, MARBLE NASH Taylor, Governor d
fdcfo and Minister PIenipoentiary Hateras in th
s7th year of American dereDdeDce aud in the s,
year OF the Confederate Independence.
! H. $ Signed MARBLE n. TAYLOR.