Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1868-01-31
THE WILMINGTON JOURNAL
WILMINGTON. N. c..
FRIDAY, JANUARY 3. 1s6s.
rreasursr Battle and the Convention.


has fixed the mileage and. per diem pa
of its members and officers. Had the &C
of Congress, by virtue of which the Con
vention is in session, been obeyed, It's mex
step would have been to pass an ordlpanc
providing for the levy and collection Q
money enough to defray the expense jus
incurred.
The individuals now occupying the Com
mons Hall at Raleigh, claim and deriv
their existence and authority solely ant
entirely from the acts OF Congress, know
as the Reconstruction Acts. Sections p
s of the Supplementary bill are as f.
SEC 7. That all expenses incurred of any or
al commanding generals, or by Why them under
ders issued or appointments mspaid out of any
or by virtue of this act, shalIt otherwise appro-
moneys in the Treasury
priated. ention for each State shall
Sec. 8. That the Gary and compensation to be
prescribe the feess and other officers and agents
paid to all deed or necessary to carry into effect
herein aut9'of this act, not herein otherwise
the purpQ6r, and shall provide for the levy and
PROVEN Of such taxes on the property In such
ccolsas may be necessary to pay the same.
The plain letter of the law, then, requires
the Convention itself to provide for its ex-
penses after organization, by the levy and
collection of such taxes as may be necessa-
ry to pay the same, while it made it i'm
perative on the United States Treasurer to
pay expenses incurred in the measures pre-
liminary to it's organization. The reason
of this is apparent The Reconstruction
Acts are based upon the assumption that
there are no legal State Governments in
the South, and that therefore it becomes
the duty of Congress TO provide them. In
pursuance of this duty, the military au-
thorities are directed to take steps to Or
ganize a Convention to be invested with
certain specified powers. In doing this,
certain expenditures must necessarily be
made and betrayed. But as there is no
legal government in North Carolina, there
are no legal State officers, and there is no
legal State machinery for the collection and
safe-keeping of public funds. Congress
provides for the payment of such expenses
from the United States Treasury. AS soon,
however, as the Convention is organized
is in being-it is power in the State, and
capable of providing machinery for the col
lection and safe-keeping of public funds;
and as a consequence, the reason for pay
ment from the United States Treasury no
longer exists; whereupon Congress imposes
the burden where it properly belongs, by
directing the Convention to find means to
pay its own way It seems, however, that
the Convention, so-called, has taken a
different view Of its status and power on
the pay question from that evidently en-
tertained by Congress-thinks the creature
can be greater than the creator, and that
the fountain can rise higher than its
source.
In the proceedings of the Oath, We
find that, under suspension Of the rules,
resolution was passed directing the State
Treasurer to pay the expenses upon the
warrant of the President of the Conven-
ton. We think, however, that if Mr..
Treasurer Battle shows due regard for
the oath he took when he solemnly swore,
as required by section 81, chapter rs OF the
Revised Code, not ''directly nor indirectly
to apply the public money to any other use
than by law directed. So help me God;"
if he shows a due regard for the pecuniary
welfare of himself and his sureties, he will
refuse to pay out dollar upon the warrant
of A. G.. Cowles, or any other so-called
President of a so-called Constitutional Con-
7ention. Section "a, Chapter 112 Revised
Code, provides:
If at any time it shall appear from the ac-
counts kept between the Comptroller and Treas
urer, or in any other way, that the Treasurer has
not accounted for and paid over the public mo-
neys of the State directed by law, the State may
move for and obtain, Judgment against the Urea
surer and his sureties in any Court Of Record,
first giving to the persons against whom such
motion shall be made, five days notice of the time
and place when and where such motion will be
made"
This proceeding is SO summary, that we
have no doubt Mr. Treasurer Battle will
consider well what payments care by law
directed" and that Mr.. President Cow1es,
of "New" North Carolina, will knock a
long time before he is allowed to open the
money drawers of "Old" North Caro-
lima.
We entertain no doubt upon the ques-
ton, as we have never for moment
thought any of the Reconstruction Acts
were made in accordance with the Consti-
tuition of the United States. Even admit
ting their validity, however, Congress has
settled the matter by declaring, in the
plainest possible terms, how Mr.. President
Cowles shall be paid.
P. S.-Since the above was in type the
telegraph informs us that Mr.. Treasurer
BATTLE declines to comply with the order
of the Convention. Without seeing his
reasons for this action, his course will be
approved by every good man in the State.
We are glad our favorable opinion of this
faithful officer has been confirmed.
California and Southern Immigrants.
We transfer to our columns most inter-
esting and highlyimportant correspondence