The tri-weekly standard. [volume] (Raleigh, N.C.) 1866-1868, 1866-09-11

President. All were iiloWS.t " soS0'
who were loyal and would then take
the oath required blythe PRESIDENT, ex-
cent such as might fall within some one
of the exceptions !: 1t was required OF
them that they should be pardoned be-
fore voting. The number of votes cast
is NOT known, but in the county OF Wake
the vote exceeded 2 900. Very few could
have been excluded by the rules pre-
scribed. for the whole number of petit
TONERS for pardons from the State Is
under 1000, and at least one half had
been pardoned before the day OF voting
/ do not notice this, because con
ceive it necessary to my argunehIs pu'
it is we'll enough that the truIh ol HIS
tory should be indicated.
The Convention was the Presidents work,
and NOT Gov. Holdeu's And it may be SAFE
Iv affirmed, that if it were legally called, Ihe
Convention was vested with the amplest
powers to alter and amend the whole state
Constitution in every part. Ihere Is not IN
either proclamation, that OF the President,
or that of the Provisional Governor, one
word of dictation or special direction OF
duty. So far as the proclamations speak,
the Convention was as free to alter or amend,
and to form and present Constitution of
its own choice, as the Convention OF any
other State in the Union, North or South. -
Indeed, so far from carrying the aspect OF
dictation, it is expressly provided, that the
amendments shall be submitted to the people
Every State is bound to present such "a
republican form of State Government as Will
entitle the State to the guarantee OF the Uni
ted States therefor, and its people to protcc-
ion by the United States against invasion,
nsurrectiOn, and domestic violence" This
was all that was required of the Convention;
but what should constitute particulars of
this republican form, was left to the Con-
vention, with liberty to alter and amend the
existing one, as in their judgment might
seem best. If the Convention had been call
ed by the General Assembly, under the same
terms of power, and it had presented the
Constitution lately rejected, there would
have been never word of objection urged
against it, for having usurped powers; nor
urged against the legislation exercised by
it,-certainly not by those, acho acere Of the
ConuentiOa Of May, 1861. For, although 1t
was we'll understood, that the only and eX-
elusive objects of calling that Convention
were those which concerned our federal rela-
tons, yet they legislated on every species OF
law-making, fundamental and temporary,
from the solemn act of cutting asunder, for
all time to come, the bonds of our Federal
Union, to the repeal of an act of the Legisla
ture which but few months before. had re-
stored the competency of Indian testimony.
Nor was it less observant of restraint in mat
tiers of constitutional amendment, which had
never been discussed, nor even thought OF,
in the canvass which preceded its assembling.
Indeed, there was no canvass. Thirteen days
only were allowed from the call of the Con-
vention to the election of its members. Yet,
so soon as it had convened and resolved to
secede and provided means to uphold the
- &.olf
stitutional reform. To enfranchise the Jews;
to change the rule for demanding the yeas
and nays; To protect the owners OF slaves
from excessive taxation Provisions for these
purposes were engrafted in the Constitution,
and others equally unconnected with the po
htical change, were on their way to it. They,
with a book of ordinary legislation, were
the works of able jurists of men, who now
complain, that the late Convention under
took to amend the Constitution in matters,
about which they had received no instruc-
ton, and became legislators, when they were
elected only to amend the Constitution.
Having shown that the Convention has
exercised no power, which was forbidden to
it-either by the words of the Proclamation |
or the example of the Convention of 1861, |
which, cheerfully admit had in it some of
the " hest portion" of the people, it remains !
now only to establish the right of the Presi- |
dent to call it.
Practically, the doctrines taught by the
jurist, to whom I have referred, have depri- |
we'd the State of all its officers, except those
who were appointed during good behavior"
and the last official oath, which was admin
istered to these officers by proper person,
was to support the Constitution of the Con-
federnte States" These doctrines, too leave |
the State in helpless condition for the ftl-
ture. The first Thursday of August, 1866
the time for electing members of the General |
Assembly -has passed away; and the time |
fixed by the only law, which this iiurist ac-
knowledges, will be on the first Thursday of |
August, 1868. So there can be no lawful |
Legislature till after that day There can be |
no Governor either. for the same reason, I'M |
less 1t be Gov. Vance, and he stands dis |
placed by the military arm, and is under pa
role. The election for Governor and Gen |
eral Assembly, in October next, will be |
wTetched farce, and the electors assembled !
on that day mere caucus" OF the same
character likewise will be the persons elected |
members when they shall assemble for legis-
1ation. The Governor also will be a mere
usurper Of the Executive chair.
Equally unfounded is the opinion that the
Convention was called for specified purposes.
1t has been asserted by some, that it was
called for three purposes only, viz: 1, to re-
scind the ordinance of secession 2, to abolish
slavery. 8, to repudiate the war debt.
have said, that neither of the proclama-
lions dictated any specific work for the Con-
vention. The oath, however, required of the
electors and members may, perhaps, be con-
sldered to some extent, as instructions, that
they were to support the Constitution of the
United States, and abolish slavery. As to
the war debt, there was no reference to it
IN any writing or opinion of the President
until many days after the Convention was
assembled. His injunction upon this subject
then came by telegram, in response to an in
quiry by the Provisional Governor. Up to
that hour his wishes upon the matter were
wholly unknown
But had the Convention stopped. after
doing these three things, there could have
been no Governor, other than Provisional
one; and no Legislature whatever, as the
President did not recognize the existence of
that elected in August, 1854. No power to
raise means to support the insane and help
less, or to revive judiciary. 1t is useless,
however, to pursue further this aspect Of our
then forlorn condition.
The fundamental error of the learned iu-
rist, whom have quoted, when he denoun-
ced the call of Convention by the Presi-
dent " an act of clear and 6esDotio usurpa