The weekly North-Carolina standard. [volume] (Raleigh, N.C.) 186?-1869, 1868-01-29

been up before, TO VIII, whether tuc Oonvoal
ton was called for a specific purpose, anc
had no power outside the acts Of Congrcss,
or not If it had no powers outside, it must
conform to the acts and do nothing else. Il
could not overlook the positive provision OF
Sec. 8 of act of July 23d. If the Conven-
tion met without farther powers, that pro-
vision must be regarded and only oleyed.
But there are other p0wers-but none direct
" given over the present Provisional gov
eminent While the Convention was not
brought together to be hampered in its legit-
innate duties, in some respectsits powers were
limited. Now there were two methods OF
nroceedure-one to levy taxes and the other
to apply to Gen. Candy directly, and get
him to order the defrayment of the Conven-
TONS expenses 1t was not consistent with
his idea of duty to levy directly on the funds
of the Provisional government. A tax
Mr.. Hood-Would not that tax pass into
the State treasury. How would the Conven-
ton get it QUIT ..a.
Mr.. Tourgee That might ormight not be-
1t would depend on the machinery for col
lection employed by the Convention. f
Mr.. Abbott said if the Sheriffs collect and
pay over, undoubtedly the Convention could
get the money from the treasury-or bonds
could be issued and funds obtained. How
would that do?
Mr.. Tourgee said the Convention could
make the Treasurer an officer for the collec-
of the Convention taxes. lle
Mr.. Welker said that the Treasurer had
issued an order to Sherifs to pay over taxes
in their hands, in October last, for the ex-
press purpose of defraying expenses of the
Convention.
Mr.. Abbott said that it was not proper, as
stated by the delegate from Cleveland, to
call on the Treasurer to forfeit his bond.
An order from Gen. Candy would be suffi-
cient. Pass the ordinance, and then if nee
Treasurer would pay, but it would also be
proper for him to fulfil his bond.
Mr.. Tourgee said with regard to the state
ment of his colleague, the Treasurer did is
sue sach an order and he might be willing
to pay. But in the shape the matter now
was, it put the cart before the horse. APP
plication should be made to Gen. Candy to
instruct the Treasurer, a subordinate officer,
to pay over the necessary funds. That was
to his apprehension the proper plan. If on
the other hand, the Constitution to be form
ed was voted down or the acts of the Con-
vention were otherwise invalidated, what
security would the Treasurer have? He
hoped the Convention would get its funds
through Gen. Candy.
Mr. Heaton said he was astonished at the
sentiments in regard to the constitutionality
of the acts of Congress, enumerated by the
delegate from Cleveland. He had doutless
announced the sentiment of the party which
he represents-that the acts of this Conven-
ton and the reconstruction acts of Congress
were totally at war with the Constitution of
the United States Now if he entertained such
convictions, he would at once retire from the
Convention. (Applause.) The delegate had
been sworn with uplifted hand to support
the Constitution Of the United States, and
perform his duties as delegate honestly
and faithfully. How could he sit here in
compliance with that oath and perform his
duties, if ne deemed the Convention uncon-
stitutionala The Inconsistency was glaring
and fragrant, and he would commend it to
the consideration of the delegate for the
future.
The Convention is empowered to do all
legitimate acts necessary to restoration. One
of the most necessary means for that pur-
pose, are funds with which to pay the dele
gates Again and again the precedent,
which this resolution proposes to follow,
had been set and acknowledged. 1t bears
with some importance in this case, and he
trusted the Convention would proceed to
test the question whether the Treasurer
would honor the warrants of its President
or not If he does so, he would be forever
relieved from liability on any bond which
he may have given. If he should refuse, the
Convention might then proceed further. He
trusted the ordinance would be passed; but
moved to amend by inserting directed "
for empowered"
Mr.. Durham said no doubt the delegate
from Craven and the other delegates, who
had applauded him, would be glad to see
himself and the other Conservatives retire
from the Convention. But they need not
fatter themselves in that way. He would
remain here. applause in the lobby The
delegate had pointed him to the oath to
perform his duty as a delegate and support
the United States Constitution. He would
answer him by saying that he deemed the
reconstruction acts unconstitutional, and
would perform his duty as delegate by vo-
ting against them. He could do this con-
scientiously. He would also ask if the
Constitution now being formed and the acts
of these Conventions in other matters,
would not be void if the Supreme Conrt
declared the acts Of Congress unconstItution-
ala Then the present State government
would be revived, and the Treasurer made
liable for money paid TO an unconstitutional
body. Sooner or later this question would
be tested. And if these acts were uncon.
stitutional. as he believed they were, sooner
or later the old government would be de
clared constitutional; and if this ordinance
were passed and the Treasurer pay over
money, he and his sureties would be made
liableon their bond for the deficiency.
Mr. Heaton said the delegate went off a
long distance in making suppositions. HI
would never see the day when the Supreme
Court would declare the reconstruction acts
unconstitutional, or the people of North
Carolina vote down the Constitution. 1
he had read the signs correctly, they would
ratify it by thirty thousand majority.
Mr.. Durham said whether they did thai
or not, it was matter for the future. Blu
this ordinance, if passed, would place til,
Treasurer in an awkward position. Perhaps
it would bring down upon his head-and b
was an honest and faithful oficer-and upol
the heads of his sureties, certain ruin. HI
may have the fifty thousand dollars, o
whatever the expenses here might be, to pay
While the Convention had the power gran
ted to levy taxes, why was it not done
Congress meant that; and if not, why die
not Congress say otherwise2 A militar,
order would force the Treasurer to pay dele
gates and relieve him hereafter from llabili
ties, but to take it in civil manner woul'