Weekly standard. [volume] (Raleigh, N.C.) 1858-1865, 1863-12-02
Aprtb-Gmoliua Staadnrh
MESSAGE OF GOV. VANCE,


MESSAGE OF GOV. VANCE,
GENERAL ASSEMBLY OF NORTH CAROLINA
AT ITS FOURTH SESSION,
Commencing Esd November, 1863.
To the Honorable,
7He General assembly of North Carolina:
The rapidty and importance of the passing events
render your frequent assembling both necessary
and appropriate Various matters demand leglsia'
tive action and will, l hope receive yonr speedy
By the call of the President fer all men under the
AGE Of forty five years-beyond which none were
subject to militia duty-and the exemption act OF
your late session. the militia Of the State was vlrtu
slly absorbed In lieu thereof you created a"guard
for home defence" embracing all men. not SUBJECT
to CONSUMPTION from eighteen to fifty years OF age.
Only q very few persons were exempteh, anu power
was given the Governor to excuse others at his ds
cretion. l found that by refusing to exercise TINS
discretion and by executing the law strictly woulo
seriously interfere with many of the most inous
trial pursuits Of the country and yet it has appeared
evident to me that your intention was only to give
me the power to grant exemptions in particular
cases of necessity great hardship, and not TO e1
cuse whole classes of the community. l therefore
respectfully recommend that the list OF exemptions
be extended to such classes as may appear to you
to be indispensable.
Doubts have arisen as to whether it was your in
tention to permit the guard for home defence to be
used for the purpose Of arrestng deserters from the
army and aiding in the execution of the conscrlpt
law and one of our Judges has decided that the
Executive has not the power to use them tor TINS
purpose. l would therefore recommend that the
- 81, nd ho oh invest
the Governor with the same power over this recent
organization as was given him over the militia and so
that there may be doubt as to the righttul powers
of the Executive.
In this connection beg also leave to remark that
am frequently embarrassed by cases OF apparent
conflict bsween the Executive and Judicial depart
ments of the State, from which nothing less than
an authoritative decision of the Supreme Court can
relieve me. As that body sits but once year.
time being now often of the greatest moment-it
happens that many important questions. principally
concerning the liability Of parties to render militia
~ service, remain long undecided, the public SER
vice, in consequence, suffers, and the Executive is
at loss to know what is his duty and the law.
recommend, therefore, that in such special cases
the Governor and Council or the Chief Justice, up.
on the request of the Governor, be authorized to
convene the Supreme Court, iasextra session, in
order to obtain from our highest judicial tribunal,
. speedy solution of doubtful questions and to give
authority to the decisions Of the Judges.
also recommend, gentlemen, most earnestly the
restoration of the spring term of the Superior Courts.
After careful observation for the past twelve months,
lam fully convinced that the good Of society positively
demands this-that the abolition of this term has
been productive of evil and that greater evil still will
result if it is not restored When Increasing crime
and growing disregard Of law are rife and at
time when the virtuous and the wise are every
where fearful that law and order are In danger Of
overthrow, that we should remove the law further
from the people sounds strangely. 1t should not be.
But to restore the courts will involve the necessity
Of increasing the salary OF the Judges. 1t is noto
riously so inadequate now that l presume no one
object to its increase. This may be effected by
taxing suitors &C., without increasing perceptibly
the burdens of the people.
Your attention is also invited to so much of the
legislation Of Congress provides for the disposal
by sequestration &C., of real estate in North Caro-
lima. Very serious doubts are widely entertained
as to the powerof Congress to dispose Of lands ly
ing within the limits of this State. 1t need not be
denied that the power to declare war confers upon
the Confederate government the right Of declaring
lands held by alien enemies to be vacant 1t is
thought, however, that upon such racancy theright
of the State as original grantor or representative of
such grantor, necessarily intervenes-a breach of
the condition annexed to such grant having occur
red. Very high thorities consider that it is not
competent for Congress to control the direction in
which land lying within North Carolina shall 20 in
case a vacancy occur, from any cause. The i'm
Portance of this question cannot we'll be exaggera-
ted. Considerations as to the person in whom is
vested the ultimate right to the soil Of vital i'm
portance in every society. 1t is plain that grave
contests between the States and the Confederate
States will turn upon this point and that the whole
theory of the relation Of the two governments is
70 De greatly affected by its decisions. Whilst l
do not suppose that any action on your part can
settle, directly, this question: submit whether some
proceedings may not be set on foot by which it
shall reach an early solution. 1t is important upon
oil accounts that it shall be settled, and it will tend
10 the suppression of litigation and the aueting of
valuable titles that it be settled early.
Mr.. Wiley, the energetic and faithful Superinten-
dent Of Common Schools, again comes forward,
through the Literary Board with an important re.
commentator for the establishment of system of
graded schools one or more in each county, of which
one half the expenses are to be betrayed from the
Literary Fund, the other 5y the county The plan
set forth in bill submitted to and approved BY
the Literary Board and sent in to the Committee
on Education. The idea meets my hearty approba-
ton, and in urging it upon your favorable notice,
nope you will consider me neither mpracticable nor
nntlmely It's in facta favorable time to act in this
rnatter 1t is exceedingly important to make every
l'ossloie arrangement for the future support and
comfort of our mutilated and disabled soldiers, and
,nelr children. By qualifying them for teachers.
which cannot be done in schools of no higher grade
than our Common Schools, many can be provided
'or. In the great righteousness of money, the
counties and individuals will now give literally for
such noble object Lastly, it is not immodest for
s 70 cam tnat North Carolina occupies high po-
sltion among her sisters in regard to public educa.
ton; and oy exerting ourselves now that position
may be so improved and raised as to enable our ed
ncated men and industrious publishers to exercise
no n.Iie influence in the formation in happier times
enduring and glorious. By the iudicious manage.
ment OF the Fund IN consequence of the greatly in
creased valuso its securities the Board hopes to so
ributions shall occur. N''
Some action is also required on your part to pro-
sect the fund against the course now pursued by
the holders Of drafts upon it, in the various conn.