The weekly North-Carolina standard. [volume] (Raleigh, N.C.) 186?-1869, 1868-11-04

US. / tD3k the GalI" Oh diHncSty ouCiOu nv
Southern people by our magnanimous CON
querors, andI mean most sacredly to keep
it. And say here to day if North Carolina
sank with the South and failed to establish
any government of her own, then she was
subiucated by the United Stases government,
and her citizens owed allegiance to the Ma
tional Government. How, pray, does Judge
Barnes stand on the question OF secession!
His position in the Democratic party shows
that he is unrepentant still. Hctell US his
sympathies were with the South. So were
mine, and they are still, with not only
the South but our whole country, North,
South, East and West. love the land OF
crlr fathers, and to-day am willing and
ready to defend lis liberties and protect It's
rights. Judge Barnes claims that at the end
OF the war North Carolina was in the Unicn
and only the guilty were liable to punish
ment. He contends there were no rights
lost and that before the reconstruction laws
of the United States Congress were passed
the Southern States were parts of the Union,
the same as before the war. I contend that
the State remained In the Union, but for
feited her rights. The Convention of North
Carolina in 1866 held the same doctrine;
but in order the more fully to comprehend
the Importance of Congressional recoustruc-
ton let us examine into the constitutionality
of the reconstructionlaws. af -7}-
First We had no government at the end
of the war; The proposition is fully and
universally admitted that in the Spring OF
1865 the Southern States were without
State Governments of any kind. Judge
Barnes acknowledges this. "The organized
and armed forces of the South were over
come and the war was at an end. Revolu-
ton had deprived us in North Carolina OF
State government, and for the time being
we were without chart. or compass, adrift
on an ocean of sorrow, and knew not what
fate awaited US President Johnson issued
his proclamation in 1865 in which he says:
"And whereas the rebellion, which has been
waged by a portion of the people OF the
United States against the properly constltu-
ted authorities of the government thereof,
in the most violent and revolving form, but
whose organized and armed forces have now
been almost entirely overcome, has 6y ats
revolutionary progress depriced the people Of
the State of North Carolina Of all cigI GOO
erument." We may also cali up the opinion
of the Supreme Court of North Carolina in
Liz ulultcC VI w =. w. L LAW
page 6S and 90: There was no Governor,
no members of the General Assembly, no
Julgcs Every officer in the State was
politically dead and the effect the same as
ifthey had died q natural death. How could
the government of the United States rccoe-
nize, as rightful officers of the State, men
who were not bound by an oath required of
tile Constitution. but on the other hand
were bound by an oath to. support another
government. and who had been elected or
indicted into office at time when the State
was in open war with the United Statess
Even the Constitution ofthe United States
Art VI, clause s. provides that "the Senators
and Representatives before mentioned and
the members Of the several State Legisla-
lures and all Executive and Judicial officers,
both of the United States and the several
States shall be bound by an oath to support
this Constitution We all remember that
the Legislature of North Carolina during
the warhad required her officers to renounce
their allegiance to the government OF the
United States and to take an oath to sup
port the government of the Confederate
States. We were not in condition to in
yoke the aid of our Fundamental laws,"-
the proceeding was avowedly extra-consti-
tutional, and we could appeal only to the
law of nations. (Hughes' case, page 70)
The State Convention of 1866 acknowledged
there was no Constitution in North Carolina,
for it went to work to frame new Consti-
tuition instead of amending the old one. -
Secondly, it was the duty of the United
States Government to provide State gov
II hat t1,,1c
The Constitution of the United States, Art.
", Sec 4 declares "That the United States
shall guarantee to every State in this I'm
ion a republican form of government"
Therefore, whatever power is necessary to
enable the Government of the United States
TO protect the States from anarchy, revolu-.
ton and rebellion, and to maintain in each
a republican form of government, is convey
ed by this provision. ~ f..i-s. .43u -
In Hughes case the Supreme Court of
North Carolina say 80 the Government
of the United States. in discharging the
duty imposed upon it by the law of nations
and the provision of the Constitution, which
requires it to guarantee to every State re-
publican form of government was fully war
ranted in considering those individuals who
had not been pardoned as still disaffected
and not worthyto be trusted in the work OF
recognizing the State government" page:
72) The President in his proclamation
aforesaid bases his action on this clause of
the Constitution. ''
Thirdly--Congress having the power to
guarantee republican form of government,
the question arises, how is that power to be
executed, and what means are to be employ
ed for that purpose2 If Congress has the
right to define how State governments in
the South shall be formed, then it is the du-
ty of Congress to use such means as are nee
essary for that purpose. (See Constitution,
Art 1, sec. 8, clause 49, The character of
the means must depend on the character of
the case It may be by act of Congress as
in the organization of territories into States;
it may be by military force as was admitted
in the case of Rhode Island; or it may go
to tile very foundation of the government,
when all government is overthrown, as is
declared in Hughes case even to the ques-
ton of suffrage Gf necessarily and Congress
is the sole Judge in its discretion of the ne
cessity. If large portion of the white pop
ulation is disloyal it may use the loyal col
ored population if necessary. !'s1' ieis -
Since in the wisdom of national legisla
ton, it is considered cxpedient to have uni-
oersaz suffrage, to allow all the citizens to
vote and have equal protection under the
law, we find that Judge Barnes and his par
ty were the first to oppose the reconstruc-
ton laws of Congress, and to-day they only
ask the colored man to vote for Seymour
and Blair and the Democratic nominees in
order to deprive them of suffrage aud take
away the rights guaranteed to them under
the best State government ever formed
since the davs of our Revolutionary ances.