The weekly North-Carolina standard. [volume] (Raleigh, N.C.) 186?-1869, 1868-02-05

Have g0nesso far as to say that North Carroll
ma is no State. Upon what grounds can they
sustain themselves9 He knew but one the
-aofv to support that assertion, and that was |
the theory of secession. 1t was not the |
g doctrine Of the Union people of North Car
nolina,s or the President, > or Congress, or
{ the Supreme Court He held that North
Carolina had forfeited her rights as State
by the attempted act of secession, but was
relieved of no obligation to the general gov
ernment This was the terrible condition to
(which the people were reduced The dele
gate from Chatham had voted in the Con-
nvention of 1865, for the ordinance which de-
gclared secession null and void but which
said North Carolina was and had ALWAYS
beeni State of the Union. When he
himself had taken an oath at the opening of
the session, he had sworn to support the U.
s. Constitution and discharge his duty as a
member. He believed the ordinance
before the house Unconstitutional 1t vio-
lated the obligations of private contracts.
"a If this, Convention bad the power to
suspend the, Jurisdiction of the Courts,
for one hour it had the power to do so
for an hundred years. Besides every
stay-law is a step towards reputation,
and therefore, stay-laws are unconstitutional.
According to his bath he could not vote for
the ordinance. In regard to the discharge
nofhis duty rs delegate he had introduced
u resolution early in the session. that the
Convention would first frame Constitution
and then proceed to legislate. By subse-
squent events, he thought every member was
convinced Of the wisdom Of that resolution
Besides he doubted whether there was legis-
7lative power here or not But certainly the
Convention was burdened and embarrassed
by railroad bills, divorces, stay-laws, &c
Now he was friend of relief, and proposed
in few days to bring before the Conven-
ton q measure for relief, which he thought
would be acceptable. But whatever stay
laws were passed by this Convention. in less
than twelve-month it would be declared
Unconstitutional. They would give no pro-
lection, but under them the people would
be deceived to ruin. He was not politician
enough to vote for them, and now gave no.
tice that he would vote against every propo-
sition of legislative character, until the
Constitution was finished.
3tT Mr.. Tourgee said the views of delegates
were inconsistent The objection of the
gentleman from New Hanover, was that the
amendment of the delegate from Guilford
stayed debts since 1866, when he had pet
scheme to relieve q railroad from debts con-
tracted since May, 1865. This amendment
covered the very debt referred to- But not
only does the gentleman ask the relief of the
road, but the loan of the States credit
Now are corporations to be helped, and the
people neglected. Both were entitled to
relief Now he held that this amendment
gave the people relief and the railroad relief
1, -
State
Mr.. Tourgee Well the principle is the
same.
IS Now as to the statement that North Caro-
lima is State. He regretted to see the
adoption of fallacy so popular, based up
ON the statement that if North Carolina did
not secede, she is State of the Union.
That is non sequitur. 1t does not follow
at all 1t was not necessary for North Car
oina to secede in order to cease to be a
State. There was no secession, but there
was an absolute destruction of the State, by
the act and consummation of rebellion, I'm,
der the control of u de taeto government
~ Mr.. Jones, of Washington. If the act oil
secession did not separate North Carolins
from the Union, how did she get out2
AI Mr. Tourgee. She is not out and never
. has been out. G taf r 7I...
=ai Mr.. Jones, of Washington. Is she not
then State of the Union .e... .r.
do Mr. Tourgee. No, because the State or
organization has been destroyed. Without
such an organization State can no more
exist than Human being 1t has been de
hstroyed, and exists no longer as constituent
part of the Union. Secession is politica
absurdity. but the political organization Of
10
things which make State--the territory
the people, and the political organization
Without either of these State is dead
True, North Carolina became u member of q
de facto government, recognized by the gov
eminent of the United States as such, and
J being in rebelion-but her political organi
lzation was now destroyed and she was not il
her relations to the United States govern
ment. E7.s
ga Mr.. Jones, of Washington. The Conven
ton of 1866 said the act OF secession was
null and void, and usurpation. If so, the
functions of the State were only suspended
Mr. Tourgee You cannot suspend the
functions Of State any more than the func
tons of man. When the civil functions
are suspended, the State is destroyed. 9th
erwise when the power of the de faclo Con
lgfederate government was removed, the fuuc
otlons of the State were at once restored, and
the people thereof had the absolute right tc
make such Constitution as they pleased
outside the wishes of the people OF the Uni
ted States. They would have reassumed all
their powers and this line of argument
brings the delegate from Washington to the
platform OF the delegate from Cleveland. i
that is adopted as the basis, the constitution
adopted in 1865 is inviolate and inviolable
this body is unconstitutional and infamous
as it has been declared to be.
b Mr.. Abbott-is everything, which has
been done since May Il 81, illegal and void
Are marriages, wills, deeds and the transfer
of lands void 2
l Mr.. Tourgee-everything which has beer
done, until March end, 1867, is illegal and
void. Whatever depended for its validiti
upon any government from May 1861, tc
March, 1867, is void. The reconstruction
acts say that these governments are illega
and void. They do not reach back in thei
provisions and reaffirm any acts, but say i
these governments are continued, they shall
.rbe under the acts of Congress and the Com
1tmanding Generals Mark what the act say!
s--these governments are illegal and void
land that word void goes back from Marcel
2nd, 1867, to the first day of the rebellion
5inthis State. isdr - ri.
s.E Mr.. Abbott-are all transactions of com
slmon life since 1851, down to the presen
time. void and illegal YE ts
-IbIMr. Toureee-all transactions, which de
pended fol, validity on any government
nfromMay56l to March '67, unless reaffirmeC
10y this Convention are void. Andif the.
80 y Az n =.