The weekly North-Carolina standard. [volume] (Raleigh, N.C.) 186?-1869, 1866-09-12

It's own clOlce, as CHe VOHVontiVu Va "1J
other State in the Union, North or South. -
Indeed, SO far from carrying the aspect OF
it is expressly provided, that the
shall be submitted to the people.
Every State is bound to present such "a
form of State Government as will
entitle the State to the guarantee OF the UNI
ted States. therefor, and its people to protec-
ton by the United States against invasion,
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 aohO acre Of the
Conoention Of May, 1861. For, although it
was well understood, that the only and ex-
elusive objects of calling that Convention
were those which concerned our federal rela-
tions, 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
impending war, it set itself to work on con-
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 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-
Tolerate States" These doctrines, too, leave
the State in a helpless condition for the fu-
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 jurist &C
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, un-
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 a
wTetched farce, and the electors assembled
on that day mere caucus" OF the same
character likewise viii be the persons elected
members when they shall assemble for legis-
lation. The Governor also will be mere
usurper of the Executive chair.
Equally unfounded is the opinion that the
Convention was called for specified purposes
IF hoe hQau oscarfa1 Inv ho% .
called for three purposes only, viz: 1, to re-
scind the ordinance of secession. 2, to abolish
slavery. 3, 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 forlon condition.
The fundamental error of the learned ill.,
rist, whom l have quoted, when he denoun-
ced the call of Convention by the Presi-
dent ian act of clear and despotic usurpa-
ton" consists in his wholly ignoring the ad-
| mitted laws of war; Had there been no con-
flict of arms, between the United States and
North-Carolina, the act would properly be
denounced in the strong language used, and
the Presidents Convention bad indeed been
a mere " causus." But far otherwise has been
the state of things
Carolina, all admit, previous to Nav
Goth, 1861, was an integral part of the Uni
ted States. On that day the State threw off
its allegiance and armed itself to maintain
its independence. In the Convention, which,
undertook to inaugurate this new political
status for the State, there were two parties
one who held the right to abandon the
Union at pleasure. the other who denied this
right. The former were determined on theiI
course of maintaining the cause of separa.
ton the latter, seeing the fury of the hour
feared the introduction of deadly civil wa,
around our firesides if they should stand uu
IN defense OF the national authority, and per.
suaded themselves that the State would suf
fer less by uniting in common attempt al
separation, and, therefore, they consented ia
rebel against that authority. Both parties
united as separatists. Many of the latter
party still chung to the hope, that some for.