Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1868-02-21

SATURDAY, FEBRUARY Is. 1865.
Treasurer EatGe-GeneraI Candy and tn
Convention.
AS announced by telegraph on yesterday
Treasurer BATTLE, submitting to direc
order from General CANBV, pays the mem
bers and officers OF the Convention theil
per diem. The order is as follows :
Headquarters % MILITARY DISTRICT
CHARLESTON, S. c.,
Feb. -, 1868.
GENERAL ORDERS,
No. 90.
The Constitutional Convention assembled il
North Carolina, under the authority of the laws
of the United States, having, in conformity witt
the eighth section of the law OF March rs, lo6G
IsnnnIementary to the law of March 2, 1867, - TO
nroYide for the more efficient government OF INC
rebel States") by an Ordinance adopted III Con-
1-npfion ON the sixth day of February, 1865, pro-
vided for the levy and collection OF tax OF one;
twentieth Of one per cent on tho real ana persona
propeEty in the State, to raise MONIES 10 pay inc
expenses of said Convention ana having directed
Treasnrv of The state in REIN bursement for adVan-
ces made from the said Treasury, for the purpose
of defrayinS the current expenses OF the ConVen,
ton the payment of its officers, members and
contingent accounts 1t Is ordered,
First. That the assessors Of taxes III the state
of North Carolina shall add to the assessments
already made or about to be made for the yeal
1868, under the authority of the laws OF She State
the tax levied under the ordinance before cited
and the collectors Of taxes will proceed to collect
the same at the time and in the manner prescribed
by the laws of the State for State taxes, and pay
the same into the Treasury of the state.
Second. That the Treasurer OF the State Is here
by authorized and directed to pay the per diem
and mileage of the delegates the compensation
of the officers and the contingent expenses OF the
Convention, upon the warrants of the President,
in the usual form.
LOUIS V. CAzIAEc,
IiG-de- camp 4, Il. 4. &.
It is well known that we took ground
against this payment upon the mere order
of the Convention, and urged our reasons
at some length. Mr.. BATTLE refused to
pay upon this authority, but we learn he
will obey the order of General CANDY, and
we believe under the circumstances he IS
acting with judgment and wisdom. We
would be the last to advise any Illegal sub
mission to the orders Of tie government
set over us by fraud and force, but we must
regard Mr.. BATTLES action in the matter
as in accordance with plain and practical
discharge of his official duties and for the
best interests Of the people of the State
If the funds of the State could have been
legally removed and the burden Of the ex-
penses of the political pirates now assem-
bled in Raleigh could have been averted
from our people, unquestionably it would
have been the duty of the Public Treasurer
to have done so.
In the first place, to have removed the
money in the State Treasury would have
been in violation Of law which the Treas
urer had sworn to obey.
To havoremoved the funds would not have
secured the relief desired. By our laws
(see Revised Code, Chapter 112, Section
"a, the new Treasurer, for General CASEY
would have removed Mr. BATTLE immedi-
ately upon his refusal to obey the above
order, could, in fire days after his entering
into Office, have obtained Judgment against
removed (say 10000, which the Comp
troller would necessarily have been com
PEELED to report as not accounted for, and
the Treasurer and his bondsmcn would
have been sold out and ruined.
The Supreme Court of the United States
has decided that if public officer removes
funds from q lawful place of deposit to an
unauthorized place, it is conversion and
breach of his bond. The laws of North
Carolina direct the Treasurer Of the State
to deposit his moneys in designated places
in Raleigh.
The order to pay comes from a dc Jucto
government with potrcr to enforce its Or
ders.
1t is better for the people OF the State
that the Treasurer should save the larger
portion of the public funds, than by re-
fusing to obey the order to have placed the
whole in the hands of irresponsible mill
tary officers.
4 ministerial officer is not blameable for
obeying laws until pronounced uncon-
stitutional by the proper judicial tribunal.
President JOHNSON, having vetoed all the
Reconstruction Acts and demonstrated by
the most unanswerable logic that they are
unconstitutional, yet observes them with
as much respect as any on the statute book,
and all other officers, civil and military, of
the United States and State, are acting upon
this principle.
Acting under such considerations, and
his refusal unattended by any practical ben
eft to the people, we think Mr.. Treasurer
BATTLE has acted wisely in obeying the or
der of General CANDY, and though our peo-
pie will dislike to meet the taxes necessary
to pay the expenses of this miserable as
sembly, for III no sense does it represent
the taxpayers Of the State in feeling OF
IN interest, yet it will be better to do SO,
than have the whole State Government
upset, and the Executive Department., with
the entire control of the levying and col
lection Of taxes and the management of
State works OF internal improvements in
the hands OF strangers, irresponsible to us
and unintluenced by any sympathy with
our wants and necessities. and then be COM