Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1866-03-15
Judge Towards Report.

doctrines therein, ana 10 the more utnSeTouscOl-
sequences, if acquiesced i'll, to which they would
lead
We now call attention to the very able argument
submitted by Judge Howard, i'll the Senate, on
Monday last, published below, as full and
explicit answer to report conceived III error, and
sophistical in deduction.
| Judge Towards report does credit not only to
his head, but to his heart The mind is frequent
ly the mirror of the feelings, and if per-
mitted to Judge of these reports by this test, how
much we see to admire in the one, and have rea-
son to fear in the other.
Judge Towards Report upon the Report of the
| Committee Banks and Banking.
The committee on the Judiciary d whom was referred
the report of the joint select ee Banks and
Banking considered the me and Instructed me to
forth The committee from the of business have
not or lad adopted pied any pfa of h
do not deem inappropriate TO submit to the Senate,
From very short time after the formation of the Gov
eminent to civil the country divided into
Constitution All agreed that in the of its powers
the General Government was supreme All agreed
aed powers and that the not granted
ed to the States or the people of the States.
the General ana as to tine
tie these Questions it was contended the hand that
Supreme Court of the United States where the matter
could brought before where it could not Congress
the final arbiter the other hand that these being
but part of the General Government could not have
been intended by the founders of the government the
ultimate tribunal that the States had to judge for them
selves, and the citizens Of each State would primary
allegiance to their own State and by its organized action
would in the final arbtrament of the question, be free
from any act of treason These views were held with
every conceivable modification, and On al sides by the
purest and best of the country in whose hearts
there never entered slightest desire overthrow
form of government Enlarged freedom made our people
tenacious of opinion aud eNactng inwat they believed
their rights; while the thirst for office and power stimulated
party leaders beyond the moderation of sober and safe
ted and the issue decided against the South. Tie
issue WAS plain neither party misunderstanding
of State Government the extension of the power of
the General Government, beyond the Constitutions will be
re %d as sum @ of Sd wi" be the beginning OF
In the conflict of parties for place and power when
either being i'll the ascendency unsettles for their
profit advantage the fundamental principles of the
m Is @ 19 bH it's a s6a
they afterwards succeed in attaining the ascendency
should the party security it's power
it will eng gender, History teaches it always has
DONE the desire aud with it the attempt to exercise
step by STEP to the concentration of power mighty
revolution terminating generally in despotism.
With regard to the question OF Federal or State supre
Carolina decidedly in favor OF the General Govern
ment. Yet in its application where it became practical
ISSUE providence ordered events that her interest her
affections and her honor drew herrresstiby and qnhesi
Influenced in the slightest degree by opposition to the
MISSION to the Peace conTencc her mission to Mon
gomery and all her public acts preceding the war clearly
show how anxious she was to find peaceful solution OF
the question. She felt that independent of the principle
involved, half of her property in jeopardy.
DEGREES times of successful commotion, preclrdod
hopeon the other its loss surely incident to failure,
never submit to deprivation OF rights without blow.
Manful she fansht m1ny she submitted to defeat
ment, and confidently expects if that manhood in the
ncis of the nation which indicated the national con-
edged. '''''e' -. -, ' '' " '' ''',"'
Her constitutional right to existence representation
to equality liz the Union have been i'll ISSUE except
incident to slavery, which and the Oh
legation OF representative and official bind them to
guarantee their preservation To destroy them must be
done i'll the exercise Of WantOn power
Not only this true in principle but North Carolina has
people unanimously agreed, that the close of the war;
without legislation the ordinance OF separation null
and void all but nine holding that had at all times been
null and void closer scrutiny than that taken by the
committee Banks will also show that President John
position OF that great patriot and statesman, while
cited public sentiment not yet claimed by the return of
peace demanded stretch of power beyond the constitution
in its cry of passion and prejudice always
sentative than the position Of this reIGrt.
apparent that, step by step he is withdrawing himself
done, he win stand forth its safe interpreter and de-
fender. We believe he will be sustained by the sober
! second thought of the American people
President johnson, yielding somewhat to the storm of
feeling aroused by the assassination of President Lincoln
According to those Gerested Whatever pshed fa6
might require, could be safely ntrused to those upon
whom would devolve the duty again putting in full op
Grafton the organism Of ad}udsed ali the Off
Gals of the State, executive legislative and judicial to
have been principals in the "rebeon' and by revolu
ionary act of powers exercising the functions
of their respective Offices violation of the authority of
the United States By military fat he declared the regu
lar Offices of the State neither destroyed be destroy
ed, but vacant and announced that whereas, the
people IS Of of al
would reorganize, not Destroy the State Govern
ment whereby justice might be established, do
all their rights Of fe liberty and property. The act
purports to be far from destructive positively
restorative and any destruction be claimed not as
by the President conquerer but by State
of her own wrong This further eucdated by the whole
proclamation. 1t issued by virtue of that clause in
the Constitution that the United States shall guarantee
to State in the Union republican form of govern
men and was accompanied by no further interference
with the laws of the State the rights of it's citizens
slavery excepted than the suspension usually incident to
military occupation
The State being without Legislature whether right
fully not) there constitutional authority within
the State whereby Convention could be called Con-
venon called Its delegates elected by the recognize
ed loyal citizens of the State when organized become
according to all republican theory the supreme authority
within the State. Born of necessity and intended
pair the damaged machinery State Government it was
the exnonent of the views of the President It's action
proved by him. recognized dsntegratiOn of the State
its constitution, its laws, questioned, ex
ted States The required notifications proposed and
adopted, and ordinance supposed to be
DIAL but expressly decaraty passed. not to ordan
laws but to make Known what well understood to be
| law.
Many of these proceedings of course irregular
Executed by military force they could only be recognized
far they became facts accomplished In the
of the constitutional authority the rights conquer
ing sovereign did such pertain to President they
clearly do not proclamation, if intended might ex
tend to the utmost limit of authority; but in the exercise
of military power force must execute its DEGREES rerer
| bly, or they will have binding virtue.
With the exception of the abolition OF slavery President
Johnson has exercised no purpose to destroy the civil