Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1868-02-07

| Ger of the army, would the Convention
claim authority to direct such officer? Ii
seems to me this claim is inconsistent with
the power of the Commanding General
The foregoing considerations would
satisfy me that I am not justified by the
acts of Congress, known as the Reconstruc-
ton Acts, in making payments under the
ordinance of the Convention, even il the
questions had not been definitely settled
by express enactment Section of the
Act of March Esd, 1867, shows plainly the
intendment of helaw-makers in this regard
That section is as follows
''The Convention for each State shall
prescribe the fees. salary and compensa-
ton to be paid all delegates and other Off
GERS and agents herein authorized, or
| necessary to carry into effect the purposes
of this act not herein otherwise provided
for, and shall provide for the levy and
collection of such taxes on the property in
such State as may be necessary to pay the
same"
| By previous section provision was made
for payment of the expenses incurred by
the Commanding General, Or by virtue of
any orders issued or appointments made
by him under or by virtue of this act, out
of the Treasury of the United States The
section quoted declares that the Conven-
ton must prescribe the pay of its dele
gates, and Of all other officers appointed
under its authority, and then directs il
what manner these expenses must be met.
The Convention must levy and collect taxes
for the purpose. And the particular kind
of revenue act is indicated. The taxes
must be levied on property alone, not on
persons or other subjects ; whereas the
money in the Treasury of the existing State
government was collected from persons,
cailings, privileges, licenses, &C., as well as
from property.
Is it conceivable that this section would
have been passed if the Convention already
had power to avail itself of the funds of a
government then in operation, collected
under its laws? When Congress has en-
joined on the Convention, for the pur-
pose Of paying its members and officers,
the duty Of taxation, expressly declaring
on what subjects such levies shall be made,
am unable to find plausible reason for
the claim that other funds, collected by q
different mode Of taxation, for other pur-
poses, by Il different government, which,
although pronounced illegal, is allowed on
certain terms to continue until superseded
or controlled by the United States, should
be diverted to other objects for which pro-
vision is otherwise expressly made.
The ordinance under discussion calls di-
rectly on the Public Treasurer. This is
according to analogies heretofore prevail
ing in North Carolina. TO authorize pay
ments from the Treasury, the warrant of
the Governor, on the certificate of the
Comptroller, is generally necessary. But
Legislatures, whether General assemblies
or Conventions, are usually paid on the
certificate Of the presiding officers. The
warrant of the Governor is no protection
to the Treasurer, unless authorized by law.
Hence, L have felt it my duty in the present
case not to ask for such warrant, but to act
according to my clear convictions of duty
under the law. For tho views expressed
III the foregoing communication, L am
therefore solely responsible.
In respectfully declining to obey the or
der of this Convention, I beg leave to as
sure them that nothing but strong sense
of duty could induce me to take an antago-
nistic position towards them. In ali cases
practicable, it will give me great pleasure
TO cooperate with them, and to give all the
aid in my power towards furthering the
best interests of the State.
[ have the honor to be,
Very respectfully yours,
KEMP 7. BATTLE,
Public Treasurer.