Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1863-11-27
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MESSAGE OF GOV. VANCE,
GENERAL ASSEMBLY OF NORTH. CAROLINA,
FOURTH SESSION.
Commencing 23d Noyember, 1868.

To the Honorable,
Tie General assembly of North CaroEina:.
The rapidity and Importance of the passing even:
render your frequent assembling both neceSssr.
and appropriate. Various matters demand legsla
tive action and will, l hope, receive your speed
consideration.
By the call of the President for all men under tn
age of forty five years-beyOnd which none wei
subject to militia duty-and the exemption act G
your late session, the militia of the State was Vlrtu
ally absorbed In lieu thereof you created "gual
for home defence" embracing all men, not suhJe
to conscription from eighteen to fifty years OF agt
Only very few persons were exempted, and poWe
was given the Governor to excuse others at his dis
erection. found that by refusing to exercise thi
discretion and by executing the law strictly, woul
seriously interfere with many of the mostvtal indus
trial pursuits of the country and yet it has appeare'
evident to me that your intention was only to Civ
me the power to grant exemptions in particuEd
cases of necessity great hardship, and not to ex
cuse whole classes of the community. l therefor
respectfully recommend that the list OF exemption
be extended to such classes as may appear to you
to be indispensable.
Doubts have arisen as to whether it was your ID
tention to permit tho guard for home defence to T.
used for the purpose of arrestng deserters from I'd
army and aiding in the execution OF the conScrlP
law and one of our Judges has decided that tn
Executive has not the power to use them for tn
purpose. would therefore recommend that tn
act organizing the guard be amended so as to inve>
the Governor with the same power over this recer
organization as was given him over the militia and s.
that there may be doubt as to the rightful power
of the Executive.
In this connection beg also leave to remark that
am frequently embarrassed by cases of apparen
conflict between the Executive and Judicial deparl
ments of the State, from which nothing less thai
authoritative decision of the Supreme Court ca
relieve me. As that body sits but once year.
inns hnin ofrano f SaSt m
happens that many important questions, principal.
concerning the liability of parties to render militia
ry service remain long undecided, the public Sci
vice. in consequence, suffers, and the Executive i
at a loss to know what is his duty and the law.
recommend, therefore, that in such special case
the Governor and Council, or the Chief Justice, VI
on the request of the Governor, be authorized t.
convene the Supreme Court, in extra session. il.
order to obtain from our highest Judicial tribunal.
q speedy solution Of doubtful questions, and to Civ
authority to the decisions Of the Judges
also recommend, gentlemen, most earnestly the
restoration OF the spring term of the Superior Courts.
Alter careful observation for the past twelve months
lam fully convinced that the good Of society postivel
demands this-that the abolition of this term ha
been productive ofeVi and that greater evil still wi
result if it is not restored. When Increasing crIm
and growing disregard of law are rife and at
lime when the Virtuous and the wise every
where fearful that law and order are in danger =
overthrow, that we should remove the law turtle
from the people sounds strangely. 1t should not be
But to restore the courts will involve the necesSt'
Of increasing the salary o: the Judges 1t is noto
riously so inadequate now that | presume no on.
object to its increase This may be effected BY
taxing suitOrs, &c, without increasing perceptibN
the burdens Of the people.
Your attention is also invited to SO much Of tn
legislation of Congress as provides for the DISPOSE
by sequesration, &C., of real estate in North Caro-
lima. Very serious doubts wildly entertaine';
to the power of Congress to dispose Of lands ly
ing within the limits Of this State. 1t need not b.
denied that the power to declare war confeTs upon
the Confederate government the right of declarin;
land> held by alien enemies to be vacant. 1t
thought, however, that upon such r0cGncy the rgh
of the State as original grantor representative
such grantor necessarily nterveneS-a breach &
the condition annexed to such grant having occur
rel. Very high au thorities consider that it is no
competent for Congress to control the direction il
which land lying within North Carolina shall go IL
case vacancy occur, from any cause. The i'll
poTtance of this question cannot well 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 grav
contests between the States and the Confederat
States will turn upon this point and that the who'll
theory Of the relation Of the two governments
10 De greatly affected by its decisions. Whilst i
10 not suppose that any action Your part can
settle, directly this question: submit whether some
proceedings may not be set on foot by which it
shall reach early solution 1t is important upon
a accounts that 1t shall be settled, and it will ten
to the suppression Of litigation and the eueting O..
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 more in each county, of which
one half the expenses are to be betrayed from the
Et,n1 .harI 10
IS 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-
tIon and in urging it upon your favorable notice.
hope you will consider neither impracticable nor
nntinely. tS in fact favorable time to act in this
matter. 1t is exceedingly important to make every
POSSIBLE arrangement for the future support and
comfort of our mutilated and disabled soldiers and
their children. By qualifying them for teachers,
which cannot be done in schools of higher grade
than our Common Schools, many can be provided
ior In the great righteousness of money, the
counties and individuals will now give literally for
such noble object Lastly, it is not immodest for
lis to claim that North Carolina occupies high DO
hltlon among her sisters in regard to public educa-
lion; and by eXerting ourselves n0D that position
may be so improved and raised as to enable our ed
ucated men and industrious publishers to exercise
no little influence in the formation, in happier times
II Southern sentiments means of power at once
enduring and glorious. By the iudicous manage.
'ncht 81 the fund IN consequence of the greatly in
rrea4ed value Of It's securities the Board hopes to so
Id 70 1t, That no decrease in the semi annual dis.
irlhutOns shall occur.
Some action is also required on your part to pro-
tect the fond against the course now pursued by
the holders of drafts upon it. in the various coun-
ties IN refusing to present them for payment-the
Intention OF course berg to demand different cur
'ency from that which The Treasurer now receives
end pays out. The duties and responsibilities of
he Treasurer Of the fund should also be more fully
detined, and set forth with greater particularit7
The very important subject Of feeding the Door
whose supporters and protectors are in the army
gain demands attention. The results of the
asst years operations are most encouraging anS