Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1866-03-01
and if so, by the very terms of the ordinance

and it so, by the very terms OF the ordinance
must be paid
In illustration, let single case, not an impro
bable one, be supposed. creditor presents a
coupon at the public treasury, and receives in sur
rendering it, package of treasury notes, which
is kept unbroken and distinct from all other funds
This is made to appear on evidence of no cues
ton Will the state refuse to recognise the valid
ty of these notes. and at the same time insist upon
their effect in extinguishing the claim OF interest?
Or if the notes have been used IN the payment
of the salary of civil officer, and can be fully
identified, are they to be repudiated, and yet to
be held to have performed the office of discharg-
ing the claim for public service? These and SINH
lar cases. which may arise, admOnish of the
propriety of pausing before we pronounce judg-
ment of general condemnation, because of our in
ability from the information to be derived from
the treasury department., to distinguish between
those that are valid and those that are void of
class of public securities amounting to more than
five million of dollars
| Nor are the undersigned prepared to assent to
the proposition that all of the unpaid salaries due
to the officers of the civil departments for services
rendered between the Goth day of May, 1861, and
the first day of May 1865, constituted debts not
incurred in aid of the war. "
Unless this obligation be imperative and one of
strict right. it comes with no strong commenda-
ton of its claims to public favor 1t is not the
fault of the state that any officer has failed to
ceive the full compensation to which he is emit
tied The currency IN which other creditors
were paid-the currency IN general use-was in
also Payment has not been made simply be
cause this currency, i'll many cases, would not be
accepted.
But does the claim entirely escape the condem-
nation of the ordinance, and did the service ont
of which it arises, neither directly indirectly,
contribute to support the war
The people of North Carolina engaged in
a struggle to establish an Independent general
government. The entire state government was
arrayed in hostility to the authority of the United
States. Through itsagency and cooperation, force
of more than one hundred thousand men had been
armed and sent into the field, part OF which
in it's service.
Every officer in every department judicial civil
and mlitarX-had taken oath to support the
constitution of the Confederate States, and to up
hold the authority of the government which it had
created. In his appropriate sphere of duty, every
state officer is thus made to aid and abet in the
work of revolution and of 1t is not easy to
distinguish between claims for civil and military
services rendered and directed to effect common
end-the establishment of anew government-upOn
any principle which will admit payment of one
and deny it to another.
! The undersigned do not construe the ordinance
in regard to the public debt undertaking to
annul any part of its first obligations 1t simply
enunciateS rule of general law, whereby their
validity is to be tested. Had reputation been at
tempted the act would have been in direct
fct with the federal constitution, and inOpeT-
tive under the clause which forbds a state to pass
law impairing the obligation of its own as we'll rs
private contracts. Nor will they to dis
cuSS the wisdom or prOp1ety OF the action of the
convention III enactlng the ordinance. But do
not feel called upon to enlarge its operation to
cases not clearly within its scope and meaning.
1t is question by no means free from doubt III
our opinion, to what extent the faint of llegahy,
entering into the consideration of security, trans
ferable by endorsement OF delivery, can be allow
ed to follow and avoid it, i'll the hands of an in
nOcent holder, whether in this respect public
differs from a private obligation If such trans
fer has the effect of creating valid obligation it
is re m NV rt of
the state. But do not desire to pursue this in
quiry further. The determination of this, and all
other questions affecting the validity of claims
against the state properly belongs to the judicial
branch of the government, and to that tribunal
they must be submitted. We do not undertake to
place the liabilities of the state upon the same
footing, as to the rates in which they should be
redeemed. 1t IS quite as competent, however, for
the convention to apply the scaling process to its
own to private debts. 1t is simply our purpose
to protest against their absolute and total rejec-
ton.
With these views we submit orr conclusions
upon the whole subject, in series of PROPOSE
tons.
1st. The convention has not assumed to repudi-
ate or declare invalid any part of the subsisting
obligations of the state.
End The ordinance announces rule Of general
law, effective without recognition, by which the
public liability was to be determined.
3rd. state, neither in convention or by legis-
lative action is competent to annul or impair the
obligations of its contracts, or the contracts
of its citizens
4th. The ordinance commands payment Of
the entire public debt not incurred in and of the
war.
9th. The convention possesses, and has exer-
cised, the power to prohibit payment of any de
mand upon the state, void under the principle
enumerated in the ordinance.
9th. The general assembly cannot, nor does
public policy require, the extension of the prohi-
bition to objects beyond the limitation contained
in the ordinance
7th Difficulties on applying the rule do Justify
deferring but do not justify or authorize the in
discriminate rejection of claims
Sth The application of the rule, determining
the validity of the public liabilities is of judicial
cognizance, and of Legislative action only so far
as is necessary to ascertain and provide for their
payment
w. n. H. SMITH,
RICH'D. G.. COWPER.
NJ. S. VIRGINS,
JAS. G.. HARPER