Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1869-11-05

The threaten to "declare those counties to
Ibe in state of insurrection," or to call ont
1.-The militia. He says nothing about these
things, for he appears not as the advocate
of the people, but as the advocate of " the
friends of tho Government.
The proclamation is remarkable also Tor
a palpably fragrant misstatement OF the law
IA statement for which ignorance cannot
be offered as an excuse. 1t says, ''lf there
be those who counsel resistance to estab-
lished authority such persons are trail
tors" No one better than Governor HoL-
DEN knows how utterly untrue is such an
assertion. The case of alleged contempt
of Court by His Honor, Mayor Netf, is a
case precisely in point. He resisted the
authority of Judge Cantwell, yet it is not
pretended either he or his counsel were
traitors.
But this is not the only remarkable as
sertion in the proclamation, for it de-
cIares that "if there be those who, with
out precept or order, hang or shoot or
otherwise deprive any one of life, such
persons are murderers and should be pun
ished accordingly" The sentence of the
law pronounced by a competent Court
will Justify its officer in taking life,
but if there be any authority in
North Carolina to issue any pTecept or order
to hang or shoot any one, we know not in
whom it is vested. Governor HOLDEN,
however, who thoroughly understands the
meaning of the English language, proclaims
to the people ''in the most solemn man
ner" that to shoot or hang acihtom precept
or order is murder. The unavoidable in
ference and implication is that to shoot or
hang aoiM precept or order is not murder.
This is singularly unfortunate expression
and withal a suggestive one. 1t at once
brings to mind the fact that until recently
Governor HOLDEN was the chief officer OF
the League, and the further fact that he
avowed in public speech his previous
knowledge of en- intended attack by armed
men-men prepared to shoot if not to
hang-upona personal and political enc
my, and that he justified the attack in the
presence of Court and in defiance Of the
attempts of that Court to silence him.
Whether Mr.. Jos. ". HOLDEN Speaker of
the House, and Mr.. PIKE, Editor of the
Standard. had any precept or or,ier to
shoot or hang Mr.. TURNER we know not.
though we feel sure that had they killed
him the law would not have touched them
for it.
Neither do we know whether those ne
groes, who from the public roadside shot
down Mr. JAMES HAUGHToN in Chatham
county, had any precept or order SO to do
or not. We do know, however, that after
it was done the Standard, the official organ
of North Carolina, applauded the act in
the strongest terms, and We do know fur
Their that Governor HOLDEN omitted to
enumerate it as an outrage or as a viola
ton of the law.
Perhaps the most remarkable thing about
the proclamation, however, is contained in
the threat to "proclaim those counties in
state of Instruction" This is in per-
feet accord with the warning" recently
given by the Standard to the people of
Orange that there was a terrible secret
power in their midst surely preparing to
crush them" The warning" accom-
plished nothing, for in less than a week
thereafter two barn-burning negroes were
hung in that very county. Neither do we
think Governor HoLDEN's proclamation
will brighten anybody. The people know
that the most solemn declaration the Gov
ernor can make in regard to the existence
of an instruction in any particular To-
cality will be perfectly impotent DECLARE
ton. unless possibly it may affect the
power of the Legislature to borrow money
under 5th Section 9Th Article of the Con-
stitution. The 9th Section 1st Article of
the Constitution of the State declares that
call power of suspending laws or the exc
cution of laws by any authority without
the consent of the representatives of the
J people, is injurious to their rights and
ought not to be enforced" If the Gov
ernor cannot without consent of the Legis-
lature suspend the laws or the execution
of them, of what force will be his procla-
nation that county is Gin state of in.
surrection ?" If he goes there with all the
militia of the State at his heels, he dare
not use them save as part of the posse OF
peace officer, for he will find only a con.
structive insurrection in which no in
surgents appear. He can neither arrest
nor punish save by the ordinary process Of
the law, without consent of the Legislature.
So far from giving the required consent
the Legislature in tie act fixing the pun.
ishment for I" rebellion and instruction
, against the authority of the State of North
Carolina or the laws thereof "-Section 2
Chapter GO-expressly required the punish
ment to be inflicted "upon conviction
thereof in "court having Jurisdiction
The event has demonstrated the wisdom Of
Q the Legislature in Withholding their con
sent. We apprehend serious consequences
from the effect of this shameless partisan
and untruthful proclamation upon an
already excited, exasperated and injured
people. We fear they will regard this act