The weekly North-Carolina standard. [volume] (Raleigh, N.C.) 186?-1869, 1866-08-01
Chief Justice Ruffin against the New
Constitution-.He denounces President
Johnson as DespOt and Usurper!

Chief Justice Ruffin against the New
Coustitution--He denOunces President
Johnson as DespOt and Usurper!
We learn, and indeed the fact is admitted
by the Sentinel, the organ of Gov. Worth,
that the long and able argument recently
published in the Wilmington Journal against
the new Constitution and the powers OF the
late State Convention, and copied with so
much gusto by the secession press OF the
State, is from the pen of Chief Justice kuf-
fin. We regret we have not space to lay tins
argument in full before our readers, but we
Give the following extracts, which will afford
some idea of its intent and spirit. The
Chief Justice says:
IL consider, that this is no Constitution,
because your Convention was not legiti-
mate Convention, and had no power to make
a Constitution for US, or to alter that which
we had and have and that it cannot be made
Constitution, even by popular SANCTION
If these positions be correct, it ought to be
rejected by the people, as the easiest, SIM
pies. and most efficient method of setting the
points at rest, and avoiding many perplex-
ing and dangerous questions before the Ju-
dietary. l object to the organization of your
Body as convention, because 1t was called
without the consent of the people OF North
Carolina, by the President of the United
States, or under his orders an act of clear
and despotic usurpation, which could not
give the Body any authority to bind the
State or its inhabitants. If it be said the
President or his satrap-his Governor of a
Province-did not call, or rather constitute
the Convention, but the delegates were cleo
ted by the people, and thereby the body was
duly constituted, L deny it directly and posi-
lively. The delegates were not the choice of
the people; for in the proclamation calling
it the qualifications of the persons who might
beeligible and those of the persons who might
vote for them were strictly presented in
manner variant from our fundamental law,
and excluding from each class a large pOr-
tion-some would say the best portions-of
our qualified citizens. In many case our
people were not represented, but, in fact.
were misrepresented. The acts of such
body cannot be said to be those of the peo
pile of the State. They are not entitled to
obedience, and cannot be, or, at least. ought
not to be, judicially recognized. The whole
proceeding arose out ofarbitrary assumpt-
ion, overthrowing all notions of popular gov
eminent, and destructive of the very first
principles of Republican freedom and when
it is put to the people for their sanction or
rejection, then let every man who was ex-
cluded from voting for a delegate say: No!
| had no voice in makingit-in choosing the
men did make it, and l wish not now to be
dragooned into its adoption ! and let every
man whose neighbor or friend was thus ex-
cluded also say /: s. No ! the best men in the
country were not allowed voice in consti-
tuting the Convention or electing its men,
bers, and will not sanction their ostracism
bv fixing on them a Contitution-an unal-
terable law-imposed on them by body in
which they were net heard, and from which
they were expressly excluded by irresponsi-
BILE military power or its subordinate and
serviie instruments :" and let every citizen of
North Carolina, too, say mo / scorn and
reject an instrument rendered to me under
the name of Constitution Of North Carolina
which the people of North Carolina did not
make and which was made for them by
men in the guise of our Representatives
who were not our representatives, but those
of a power exercising at the time the au-
thoity of eonqueror in military possession
of our territory, and arrogating to itself the
right of superseding all our civil officers and
abrogating our laws.
Mr.. johnson required Convention to per
form certain specific acts; to annul the or
dinance of secession and tender return to
the Union. or claim its continued existence
under the Constitution of the United States :;
to emancipate the slaves and ordain that
slavery shall never hereafter exist in this
State, and to repudiate the State "war debt"
All these were done the two first promptly,
and in satisfactory terms j; and the third, at
the last moment, under subsection and in
conformity to orders, after having once re-
fused to adopt the measure. All was done,
/ say, that was required, and Mr.. johnson
proclaimed that he he had got all he wanted;
that we were back as State and might
choose our representatives in Congress in
conformity to our rights as State, and to
our law regulating elections. Was there any
thing more for that Convention to do? Were
they chosen for any other purpose, even by
those who were allowed to vote for members
How dare they, then, go ON to frame Con-
stitution, a law, for all time, which is to be
binding on those who elected them for the
ends, and also on that large portion of the
patriots and heroes" unpardoned rebels
who were not allowed to vote at all Ii The
pretension is without parallel or precedent,
until the present term of Radical assumption
of power in dominant military or numer-
ical majority, without respect for rights or
the Constitution. AS far as they safely can,
and whenever they can, the people ought to
resist that pretension. This they can peace
fully do, when called on and allowed to vote
II
without conmotion, in support of the great
principle of human liberty-that people
have the right to make their own Constitu-
ton, and not be made subject to one impos-
ed on them, by force or fraud, by any extra
neous power, or by fraction of their fellow
citizens"
Here 1t is assumed that the Convention
was not legitimate it had no right
to !" alter" the Constitution of the State
that its assumption of such right cannot be
made good by popular sanction-that the
delegates to the Convention were not the
choice of the people, because suffrage was
restricted to so-called loyal voters, and be-
cause those "patriots and heroes who were
unpardoned were not allowed to yote-that
the President, in recognizing the State,
treated the State as Province,-that the
President, in arrogating" to himself the
right to Nsupersede our civil officers and
abrogate our laws" was guilty of IAN act of
clear and despotic usurpationn- that the
people of the State, "as far as they safely
can, ought to oppose this Constitution and