The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1863-12-01


events render your frequent assembling both ne
cessary and appropriate. Various matters demand
legislative action and will hope receive your
speedy consideration. --z- q ~
Bv the call of the President for 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
virtually absorbed. In lieu thereof you created a
."Guard for Home Defence" embracing all men,
mot subject to CONSUMPTION FROM eighteen to fifty
years OF age. Only very few persons were ex-
empted, and power was given the Governor to ex-
cuse others at his discretion. found that by re-
fusng to exercise this discretion and by executing
the law strictly [ would seriously interfere with
many of the most vital industrial pursuits of the
country, aud yet it has appeared evident to me
that your intention was only to give me the power
to grant exemptions i'll particular cases OF necess-
ty or great hardship, and not to excuse whole
classes of the community I therefore respectful
" recommend that the list of exemptions be ex-
tended 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 arrestlog deseIters
from the army and aiding in the execution OF the
Copscript law; and one Of our Judges has decided
that the Executive has not the power 10 use them
for this purpose I would therefore recommend
that the act organizing the guard be amended so
as to invest the Governor with the power over
the recent organization given him over the
militia, so that there may be no doubt to the
rghtful powers of the Executive.
In this connection I also beg leave to remark
that am frequently embarrassed by cases of appa-
rent conflict between the Executive and Judicial
Departments of the State, from which nothing less
than an authoritative decision Of the Supreme
Court can relieve me. AS that body sits but once
hoIp Mt nnfth o taSf mo
ment-t happens that many important questions,
principally concerning the liability of parties to
render military service, remain long undecided;
the public service 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 j US
tice, upon the request OF the Governer, be author
lied to convene the Supreme Court in extra SEES
sion, in order to obtain from our highest judicial
tribunals speedy solution of doubtful questions,
and to give uniformity to the decisions of the
judges.
l also recommend, gentlemen, most earnestly
the restoration Of the Spring term Of the Superior
Courts After careful observation for the past
twelve months, I am fully convinced that the good
of society positively demands this-that the aboli-
ton of this term has been productive Of evil-and
that greater evil still will result if 1t is not restor
gard Of law rife; and at time when the virtu-
Gus and the wise everywhere 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 re-
store the courts will involve the necessity Of in
creasng the salary of the Judges. 1t is notorious
ly inadequate that | presume can
object to its increase This may be effected by
taxing suitors, &c without increasing perceptibly
the burhens 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 widely entertained
to the power of Congress to dispose of lands ly
ing within the limits of this State 1t need not
be denied that the power to declare war conters
upon the Confederate Government the right of de-
,clarng lands held by alien enemies to be vacant.
1t is thought, however, that upon such vucnncy
the right of the State original grantor, pecessa
rIy intervenes-a breach of the condition annexed
to such grant having occurred Very high au-
thorities consider that ii is competent for Con-
gress to. control the direction 10 which land lying
in North Carolina shall 90 in case a vacancy oc-
cur, from any cause. The Importance of this ques-
ton cannot well be exaggerated. Considerations
as to the person IN whom is vested the ultimate
right to the soil are of vital importance in every
society. It is plain that grave contests between
the States and Confederate States will turn upon
this point; and that the whole theory of the rela-
tions of the two Governments are to be greatly
affected by its decision Whilst do not suppose
that any action your part can settle directly this
question, | submit whether some proceedings NAV
not be set foot by which it shall reach an early
solution 1t is important upon all accounts that it
shall be settled and it will tend to the suppression
of Irrigation and the quieting of valuable titles that
it be settled early.
Mr.. Wiley, the energetic and faithful Superin-
tendent of Common schools, again comes forward,
through the Literary Board, with an important
recommendation for the establishment of p system
Of Graded Schools, one or more in each county, of
which ne-half the expenses is to be derayed ION
the Literary Fund, the other by the county. The
plan is set forth in hill submitted to aud approx
ed by the Literary Board, and sent in to the Com
mttee CD Education. The idea meets my hearty
appreciation, and in urging it upon your favorable
notice. hope you will consider nue. neither imprac-
ticable nor untinely. 1t is in fact favorable
time to act in this matter 1t is exceedingly i'm
portant to make every possible arrangement for the
future support and comfort of our mutilated and
disabled soldiers and their children. By qualify
j ing them for teachers, which cannot be done in
/ schools of no higher grade than our Common
! Schools, many can be provided for In the great
righteousness of money, the counties aud indivld-
uals will give literally for such noble object
, Surely, it is not immodest for us to claim that
I North Carolina occupies high position among her
sisters in regard to public education; aud BY
ing ourselves no,o, that position may be improv-
ed and raised as to enable our educated men and