The weekly North-Carolina standard. [volume] (Raleigh, N.C.) 186?-1869, 1868-02-12
SPEECH OF MIR. ToURGEE,
&-,.ss- OF. GUILBoRD, .-.~O>~>>,
On the .lacJieti Ordinances IN Convention, We'd
= - ,SsJa,, L1,,,,o,,, outh 1919

NO HAL Wsts iiluiC ueCpiy piCuSSu tufu HiHi-
self or his colleague to the relief ofthe people.
From the events of the past seven years re-
= lief was absolutely necessary. The future
existence of the State perhaps, depended on
the adoption of measures for relief. He felt
bound TO say to the Convention, that fad-
equate relief was not given, nothing but an
- archy awaited u.s. The people will prefer to
80 remain under military rIleof any kindefgov-
eminent which will regard their necessities.
While he saw. this, he could not refrain from
al opposing the ordinance asreported. Ii1the
first place it did not touch the matter in
g, hand, in anything ike a comprehensive man.
=, ner. What is relief2,, Is tia question be-
:, tween the debtor and creditor, to he, decided
!, in favor of the one against the other? That
was not the relief TO which he was pledged.
He was here to give relief to all. He had
come here to do as his conscience dictated,
whether his constituents were satisfied or not.
Suppose every private dent was wiped away,
would the people have relief9 Itlwould be
Ia kind of relief, that was the most DANCE
3 rous and fearful tyranny. 1t would not be
1t the relief that the Convention could give--a
relief which would build up neso North-Car
DINA, in all her beautiful proportions. The
% North Carolina which had gone before was
ID dead. What was a State9 He had asked
the gentleman from Washington to define
State, and he had omitted, in his reply one
10 OF the essentials of State existence. A State
of the American, Union is a portion of the
territory of the United States, inhabited by
citizens of the same, united in body polite
knoWn to, recognized by, and sustaining con-
stitutional relations with, the government of
the United States
ssas Mr.. Jones of Washington interrupting.-
My definition was authorized by the pre-
sent position of the State s-9i i"
Mr.. Tourgee replied Il was entirely in
sufficient, 1t omitted the fact that State
must be q body polite in constitutional
ca relation with the United States Now,
just soon as the Confederate government
extended its authority over North-Carolina
Just so soon the State lost her political or
ganization and constitutional relations. The
D.. citizens of North Carolina became citizens of
a de fdcto government, inimical to the United
- States-and they were alien enemies. This
condition of affairs held over. until the
passage of the reconstruction acts Of March
I'd, 1867. Her political organization was
gone, her constitutional relations We're gone,
She was dead. 1t was folly to say that her
functions were suspended Gentlemen night
as we'll say the functions of a State could he
% suspended as that the heart life of man
-, could he suspend ed A State with functions
suspended is a corpse with human fife sus
pended, and old North-Calolina was dead
and buried in the tomb of the Confederacy,
p whence not even the power of the recording
e angel could recall the crumbne skeleton.
But on the 2nd day of March, 1867, the initial
movement was made-not to resurrect the
loathsome mass of decay from It's tomb, but
TO build up new State, a new North Car
DINA upon broader and frmer foundations.
II Al
struction began the organization of this new
State And now this Convention, in his
opinion was clothed with all those powers
Z necessary to accomplish that glorious work.
Like Louisiana, when admitted to the Union,
it had power over the future and the past
He referred to Louisiana particularly. The
case was parallel and pertinent. First the
territory OF Spain, next the conquered pro
vince of France when her soil was purchased
by the young Republic of America, it was
declared that unless her Convention reaffim-
ed all titles and contracts, which depended
for validity upon the sanction OF a foreign
government, that they would pass away and
no Court ofthe land recognize them as bind
ing. That is now the condition of new
North Carolina and the responsibility of this
Convention. The territory of North-CaroIi-
ma has been recovered from the dominion of
the Confederate States, and unless this Con-
vention should declare all existing titles, con-
tracts. debts. &C., valid, they too will pass
away and no Court of the land will be bound
to recognize them. This principle was adj
mitted when the States first entered the
Union, and again when the articles of Confed-
Grafton were adopted.
Mr. Rodman-That act referred to the
public debts contracted under the Confede
ration but not to private contracts
Mr.. Tourgee-It also extended to private
transactions which depended TN govern
mental sanction for validity Now we are
in an analogous condition, and the question
stands prominently before us. shall or shall
is we not declare all contracts binding9
su But would relief ensue by wiping out pri-
vate debts? In his opinion it would not
He did not believe that such action, by this
Convention would be equitable or just, for
the creditor has claim which must he re-
cognized and enforced so far as compatible
with the public interest. 80
Therefore, he held that the only perma-
nent relief which could be given to the peo-
pie, was for the Convention to exercise its
power OF eminent domain. While this pow
O er was clear, there was no authority on the
other hand to discriminate between creditor
and debtor, or to annu private contracts,
if they were were compatible with the
public interest.
ia What relief then is capable of being har-
monzed with this interest? Suppose the
Convention give relief TO the debtor. Well,
credit was king in North Carolina before the
war, and seventeen twentieths of the mod
crate livers of the State had gathered a few
hundreds or thousands of dollars. which
was put in the hands of individuals or cor
porations on interest. It was growing little
by little every year. so that when the winter
of age came on, the fire might be kept burn
ing on the hearth, and a supply of pro-
visions in the smoke-house. In that in
stanee-relief being given to the debtor
who would be injured2 Would it be those
who rolled in gilded chariots, or lolled ON
velvet cushions, pampercd by luxury and
g, filled with pride-who had borrowed and
specialized and hourished upon the earnings
of the industrious Such relief would strike
the besttriends of Republican principles into
the dust forever. The poor man and needy
debtor, who had been deceived by false
syitem of credit into the pltfall, would be
- left to starye. A just consideration of such
kind of relief, would cause every honest man
to recoil from it. But it only displays the
difficulty of the mighty problem, with which
it is the fortune or misfortune of this Con-
vention to grapple. Yet there is one way
through it-a direct rnad-and tbot :, ~.