The tri-weekly standard. [volume] (Raleigh, N.C.) 1866-1868, 1866-07-31

take the necessary steps to establish civil gov
ernment. in the State In doing this, he fol
lowed the path marked out by Mr.. Lincoln
in relation to Tennessee, with the exception
that the means devised for re-establishinl
civil government in this and other States
were more systematic and regular, and pro
vided that more of the people might taxi
part in the work, than in the case of Tennes
see. In his proclamation of May Goth, 1865
appointing Provisional Governor for this
State, he said:
Whereas, the fourth section of the fourth
article of the Constitution OF the United
States declares that the United States shall
guarantee to. every State in the Union re,
publican form of government, and shall pro-
tect each of them against invasion and do
nestle violence; and,
Whereas. the President of the United
States is by the Constitution made Com
mander-in- Chief of the Army and Navy, as
well as Chief Executive Officer of the United
| States and is bound by solemn oath faith
fully to execute the Office of President OF the
| United States, and to take care that the laws
be faithfully executed; and,
Whereas, the rebellion, which has been
waged by a portion of the people OF the
United States against the properly constitu-
ted authorities Of the government thereof in
the most violent and revolving form, but
! whose organized and armed forces have now
| been almost entirely overcome, has In its rev.
Olutionary progress deprived the people OF
the State of North Carolina of all civil gov
| eminent and,
Whereas, it becomes necessary and proper
to carry out and enforce the obligations of
I@l, TI,,s& fln 10 " h
Carolina in securing them in the enjoyment
of a republican form of government:
Now, therefore, in obedience to the high
and solemn duties imposed upon me by the
Constitution of the United States, and for
the purpose of enabling the loyal people of
said State to organize State government,
whereby justice may he established. domestic
tranquility insured, and loyal citizens pro-
tected in all their rights of life, liberty and
dent of the United States and Commander
in Chief of the Army and Navy of the Uni
ted States, do hereby appoint WILLIAM w.
HOLDEN, Provisional Governor of the State
of North Carolina, whose duty it shall be- at
the earliest practicable period, to prescribe
such rules and regulations rs may be neces-
sary and proper for converting Convention,
composed of delegates to he chosen by that
portion of the people OF said State who are
the purpose of altering or amending the Con-
stitution thereof, and with authority to ex
ercise within the limits of said State all the
powers necessary and proper to enable such
loyal people of the State of North Carolina
to restore said State to its Constitutional re-
lations TO the Federal government, and to
present such a Republican form of State gov
ernment as will entitle the State to the guar
antee of the United States therefor, and its
fn nv q
against invasion, instruction and domestic
violence"
Here the President declares, not merely as
Commander-in-chief, but ''Chief EXecu-
tive officer of the United States" that under
the Constitution of the United States it is
his duty to enforce the laws, and to guar
antee to every State in the Union a republic
can form of government"-that the REBEL
ion had 'deprived the people of the State
of all civil government'-that in order to re-
store this republican form" of civil 'gov-
eminent" and to render it practicable to exc
cute the laws, recourse must be had to the
fountain of all power, to wit, the loyal peo-
pie of the State; and accordingly, he direc-
ted Convention to be called, " for the pur-
pose of altering or amending" the Constitu-
ton of the State, and for taking such other
steps as might be necessary to place the State
in the situation which she occupied previous
ly to the rebellion Well, the Convention
was called 1t was called by the people in
their capacity IS sovereigns, the President
having simply enabled them to do this. 1t
was unlimited in its powers, save by the Con-
stitution of the United States, for it was
called under and by virtue of that instru-
ment. 1t was clothed with power to latter
or amend" the Constitution of the State in
all respects. not inconsistent with the Consti
tuition of the United States. OF course none
but " loyal people" were allowed to vote for
delegates and these people, in voting for
delegates, gave to the call of the President
he popular sanction, and thus made the
Convention beyond all question, a. C0ncen-
ion of the sovereign people Of the State.
The Convention assembled. 1t altered
and "amended' the Constitution. 1t sub
nitted two of its amendments to the peo-
pie, and they approved them. This was the
second popular sanction of the Convention.
That body also provided for the election OF
Governor and Legislature, and of seven
in the Congress of the Uni
ted States. The people voted for these Off
GERS. and they were elected. This was the
third popular sanction of the Convention.
The Legislature met, and elected or appoin-
ted various officers, judges, magistrates, and |
indeed all necessary officers and put the
whole machinery of civil government in mo-
ton. The Provisional Governor was reliev-
ed, and the Governor chosen by the people |
entered on his duties. The Convention, as
it had right to do, re-assembled pursuant
to adjournment, and proceeded further to
" alter" and " amend" the Constitution, so as
to accommodate that instrument as far as
possible to the new and altered condition of
our people, and to open and smooth the way
for the return of the State to the Union. The
Constitution, thus "altered' and "amen-
died." will be submitted to the people for
their approval or rejection on Thursday, Fri
day, and Saturday next. If they should ap-
10 +,