Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1868-09-04
Reported for the journal.
4 ], u r ESS

Delivered before the Seymour and blair
Club, at KenansvilIe, Duplfn County
the Evening of the 24,h Instant, by
Col. William A. Allen
MIR. PRESIDENT, LADIES AND GENTLEMEN
In addressing you this evening, according
to your invitation, upon the political issues
Of the day, have to say in the outset that
shall attempt no rhetorical figures; leave
such things to my younger friends &
am no orator, as Brutus is, but as you
know me all, plain blunt man."
81 only speak righ, on;
tell you that which you yourselves do know
propose. on this occasion, briefly to
show that the Democratic PLATFORM
adopted by the New York Convention on
the 4th Of July last, in denouncing the re-
construction measures of the Congress of
the United States as unconstitutional
speaks truly, and if time permits, [ may,
in conclusion, hold up in contrast the
policy proposed by the Democratic party
towards the Southern States, with that al
ready inaugurated by the Radical party
In order to present this question plainly
before you, it will not be inappropriate for
us to take rapid review of the events of
1865 and 1866, in the matter of restoring
the Southern States to their Federal rela-
tions. In the Spring of 1866 the Southern
armies surrendered, and shortly thereafter
President Johnson issued his proclamation
declaring that the GO war in it's revolutionary
progress had destroyed all civil govern
ment" in the several Southern States, and
for this State appointed William W.
Holden Provisional Governor, and au
thorized him to call upon the people
of the State to elect delegates to
State Convention, to reorganize the
government of the State. In accordance
with Gov. Holden's proclamation, the Con-
vention of 1865 was assembled in October
of that year. In his message to the Con-
vention upon its assembling, the Cover
nor used this remarkable language -
" North Carolina attempted, in May, 1861,
to separate herself from, the Federal Union.
This attempt involved her, with other
slaveholding States, in q protracted ana
disastrous war, the result of which was
vast expenditure of blood and treasure on
her part, and the practical abolition of do
mestic slavery. She entered the rebellion
as q slaveholding State, and she emerged
from it a n-slaveholding State. In other
respects, so far as her existence as q State
and her rigttS are concerned, she has u1a-
dergOne no change. The President Of the
United States wisely determined that her
existence as State should not be extin-
guished, but that under that clause of the
Federal Constitution which guarantees to
every State IN THE UNION Republican
form of govern ment," her people, in Con-
vention Assem- bled, might so alter and
amend their Constitution, and adopt such
measures as would restore the State to her
Constitutional relations to the Federal
Government" This Convention, fellow
citizens, of which your humble speaker
Was a member, proceeded to their work of
restoration, and provided for the full and
complete reorganization of the State gov.
ernment of North Carolina. This was
done urder the supervision and with the
full appreciation of q ". Holden, and he
became candidate for the Office of Gov
ernor of the State before the 0hite
people of North Carolina. Knowing him
as they did, they refused to elect him, but
instead, thereof, elected Jonathan Worth,
an honest and worthy gentleman. The
State was thus reorganized, the hands to
the "officers'' were "qualified to dis
charge the duties" of working the ma
chinery of the State government, and i'm
mediately upon Governor Holden's defeat,
he commenced his work of detection to his
bantling, the reorganized State govern
ment. That this Convention was properly
and lawfully constituted. and professed the
power to do its work of reorganiZing the
State, and that the work was efectually
done, we have but to refer to the decision
of the Supreme Court of North Carolina,
{" in the matter of William II. Hughes"
Phillips Law Reports 81, decided at jan
uary Term, 1867, Chief Justice r. M. Pear
son delivering the opinion of the Court
This opinion of the Chief Justice, let it be
remembered, was delivered more than
a. Il,
inducted into the office of Governor, while
the Chief Justice was acting in his official
capacity, and under the solemn sanction OF
his oath of Office. On page 68 of this opin-
ion, the Chief Justice says '' The Con-
vention was not in pursuance of the Con-
stitution of the State, nor was it in viola
ton of that instrument. 1t was neither
constitutional nor unconstitutional, but &C.
ira constitutional, that is, it met at "a time
and under circumstances not provided Tor
by the Constitution. 1t was the creature
of the emergency-the only mode by which
it was possible to extricate the State from
the condition of anarchy into which it had
fallen, by the attempt to withdraw from
the Union, which resulted in subiugation." ="
On page 50, he says : '' Here, then, was
a state of anarchy. No convention would
be called by the General Assembly, for
there were no persons qualified to act as
members of the General Assembly, and
there was no way to have the State offices
filled, whether Executive, Legislative or
Judicial, except by Convention of the
people. In this condition of things, so
far from its being a matter of complaint,
it was fortunate that the President under
the Constitution, or as Commander-in-Ch Chief
of the conquering Army, under the law of
nations, had power, without reference to the
Constitution of the State, to appoint a
Provisional Governor, and through his in
strumentality, SO to provide that the
people of the State might, in quiet and
orderly manner, elect delegates to con-
vention, and thereby give the wheels OF the
State Government new start.
''The act of the President, so far from
being usurpation, was discharge of this
duty in its mildest form and the people
of the State did accordingly avail them
selves of the opportunity thus presented,
and did elect delegates to the Convention !;
nfouors that their Assembly eOas rightfm
Comrention Of the people," On page IA the
opinion proceeds: "Whether the act Of the
President was one which required the con-
currence of Congress, is question into
which we need not enter; for, taking it to be
50 COnpraSs has in mann 1CQis 2-ecOQnlzed