The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1868-10-06
Speech of Hon. William Il. Battle,

Speech of Hon. William a. Battle,
Late associate Justice of the Supreme Court o.
North Carolina, at Chapel Hill, Sept. 18Th
1868
Fel1os Citizens Many of you are aware
that was, by appointment, to have addressed
you two weeks ago upon the great topics which
now agltate the country. You are aware too
that was prevented from doing so by sad
event which deprived the State of one of hel
ablest and most useful citizens and me of a
valued and lifelong friend. I am grateful to
the kind Providence which has permitted me to
tulhla promise which | made to appear before
you to-day. | thank you for coming out to hear
have-done SO; particularly as, in doing it, you
have had to neglect your agricultural i;.bors at
this busy season of the year. I must return my
thanks to the ladies, also, for honoring me by
their presence. Whether it proceeds from IA
sounder Judgment or more delicate instinct,
the fact is certain, that the ladies are generally
On the right side; and it must be great support
to any public speaker to find himself encouraged
by their presence and cheered by their smiles.
This occasion, felloY-citizens, is enc Of no Or
dinary interest. 1t is<a great crisis in the life
Of the nation. More than three years have
elapsed since the close of the late civil war, and
yet the country is in state of confusion and
alarm. Complaints of injustice and oppression
are hemd on every side. Many of us feel our
selves deprived of our just rights and privileges,
and there is more or less of distrust and un-
quietness prevailing everywhere throughout the
land. Why is this so? is the great question
which [ nave to discuss; and I think [ can dem
Onstrate to your entire satisfaction, that it has
been caused by the so-called laws which are
generally known the Reconstruction Acts of
Congress Those measures believe to be un-
constitutional, and. therefore, null and void, and
[ now take upon myself the task of proving them
to be so
At the close of the late war, when the armies
under Generals Lee and johnson had surren-
dered agreat question was presented, as to how
the Southern States were to be restored to their
former condition in the Union. The task Of ac-
comprising this was certainly one of the great
est magnitude, but to mind unmoved by pas
sion, and unbiased by prejudice, itpresented no
very formidable obstacle. The President Of the
United Safes, in all his proclamations and other
public acts, and Congress in all its laws and reso-
lutions, had declared that the war was waged on
their part solely for the purpose ofsupprcssng
the rebellion, and repudlated again and again
the idea that it was war for conquest. Hav-
ing these things in view, General Sherman con-
cluded Convention with Gen. Joseph E. John
son, which, if it had been approved and ratified
by the Administration, would have restored nil
the States lately in revolt at once to theirfo former
relations to the Government And all this would
have been effected without the slightest violation
Of the Constitution of either the United States
or of the States. Conventions would have been
Immediately called together in the several States
by the proper authorities thereof, such changes
in their respective Constitutions, in relation to
the abolition of slavery, and in such other par
ticulars as the General Government had a right
to require, would have been adopted, and the
whole country would long since have been pac-
fed, and would now be enjoying state of com
parative peace and prosperity. In proposing his
plan, Gen. Sherman exhibited the highest quail
ties Of Craftsmanship; and he, in my estimation
deserves the high credit of having seen more
clearly than any other the wants Of the
country, and the measures by which those wants
could be met. Unfortunately the scheme pro-
posed by this great statesman forthc paclticatlon
of the country, though it was in exact accord
ahce with the often expressed purpose of the
President and Congress in their efforts to sup
press the rebellion, was not approved by the
Administration in consequence of which another
plan had to be devised and carried into effect.
That plan comprised the measures, which, as you
all know were adopted by President johnson
and his Cabinet for the reorganization Of the
States lately in revolt.
So far as North Carolina was concerned, Will
liam w. Holden was appointed Provisional Gov
ernor Through his agency, a Convention of
the people was called. Amendments to the
Constitution in which were inserted all the chan
ges demanded by the United States government.
were framed, and submitted to and ratified by the
people. 1t was then generally supposed every
where, and by all parties that North Carolina
was once more State in the Union, and as such
invested with all the powers, rights and privlle-
ges enjoyed by any other State. The Provis-
ional Governor, Holden, and all the other public
men and authorities Of the State, undoubtedly
so considered it. 81 Holden became a candi-
date for election as Governor, and had he been
successful, shrewdly suspect that should
never have heard of his doubling the right un-
der which he would then have held the office.
The Judges of the Supreme Court certainly did
not doubt the authority under which they were
elected, or that they were Judges of State, III
full communion with every other State. This
can be shown by the highest evidence, the eyi-
dcnce of their own Judicial decisions.
At January Term, 1867, the case of H"9hes
er parfe, was brought befere the Court upon a
writ of habeas corpus. See l Phil. Rep. 81
The facts were that Hughes had gone to the
State ofNew Y ork, and had, in one of the Courts
of that State, been indicted for the offence Of
cheating by false pretenses, and had fed to this
State. The Governor, who was member of the
Radical party, demanded him as n fugitive from
justice, OF Jonathan Worth, as Governor of the
State of North Carolina. Under the warrant OF
Gov. Worth, Hughes was arrested by the She
riff of Granville county, Whereupon he sued out
the writ of habeas corpus and had it made re-