Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1873-09-26

the Convention cannot now be ques-
toned, the Legislature of 1S6o-69-7Ois |
vet shown to be an unlawful body Tor the
reason that it was the offspring not OF
that Constitution and universal sur
fraee. but of General Canby's General
Order No. IS, issued from Charles
ton on Odd March, 1868, and partial
suffrage.
CUSTER OF GOVERNOR WORTH.
The Legislative branch of the exist
ing Government having been thus
usurped the Executive Department
was seized in a manner no less sum-
mary as appears from the following
order:
He6lguarters Second Military District.
Charleston, 5. c., June 35th, 1eoo.>
GENERAL ORDEE,l
No. 12J.
TIE facilitate the organization of the new
State Governments the following appointments
TO be Governor of North Carolina W: ".
Holden, Governor elect rice Jonathan worth
removed
Erevet Maj. Gen. ED. X. s. CASBY.
Aide de- Camp,
Acting Asst Adj't General.
Governor Worth, like Mr.. Treasurer
i1aLIlG, uuu clSCICu OCAoAC oiAS
negroes were allowed to vote.
This order, having been telegraphed
to Raleigh, was executed on the next
morning by the Inauguration of Gov
! erllrr Holden and the election of Gov
ernor Worth, who filed written pro-
| test in which he said:
81 do not recognize the validity OF the late
! election under which you and those cO-0perat-
ing with yon, claim to be invested with the
! .f,-;I of he.
evidence of your election save the certlhcate OF
! a Ma jor- General of the United States Army.
of the mi iitary powef Of the United States and
not deriving your powers from the consent
| OF those YOU lain to govern. Knowing, how
! ever, that you are Lacked by military force
| here which could not resist if would do
ten, but vacate the office without the ceremony
! ct actual eviction, offering no further OPPOSE
| lion than this my protest.
REHABILITATION.
| Here, then, we have clear notice
| given on the part of North Carolina by
private citizens, by the public press,
| by the Treasurer OF the State, by the
| Governor of the State AMI by the
| President of the United States, that
the bodies that issued those Special
Tax Bonds had no valid, legal existence
rs representative bodies OF the people
| Of North Carolina.
On the part of the United States it
was admitted with equal clearness by
Congress in its acts, by General Candy
! in his orders, by Governor Holden in
| his proclamation and by the Conyen-
! ton and Legislature themselves in the
official records of their proceedings,
! that Federal authority and not State
authority had given them existence.
! The United States was represented by
| its bayonets; to Federal hayOnets,
therefore, let the Special Tax Bond
holders look for payment. 1t is
surely needless to comment on the
h11miliating condition to which military
rule had brought rs.
From 1861 to 1865, the State of North
Carolina was engaged in a bloody war
with the United States; from 1865
until after the meeting of the Conven-
ton and Legislature, the United States
were in military occupation of the soil
Of North Carolina, making and I'M
making its laws and appointing and re-
moving its officers at will. During all
this time only such taxpayers and
property owners as had permission
from the military authorities were per-
mitted to vote, while in 1867, 10000
ignorant negroes were turned loose to
plumber the property of their late
masters, the aforesaid DISTINGUISHED
taxpayers and property owners under
the lead of cormorant band of carpet
baggers protected by Federal bayo-
nets. This plundering they sought to
accomplish by means of the Special
Tax Bonds issued by the Convention
and Legislature of 1868, thevery bonds,
it is now contended, the property
owners of North Carolina ought to be
taxed to pay
Our people deny that they are in
any manner bound by the acts of men
thus put over them by the Federal
troops, by whom they were then being
held in military subsection after a
bloody war of four long years.
No person could have bought those
bonds surprising they HAD any va
lidity, save that given to them by the
bavonet. No sane person could for a
moment have supposed that the peo-
pie of North Carolina would bear the
shackles thus forced upon them an in
slant after they acquired the power to
shake them off. Every purchaser had
full notice of their pedigree, and in
point of fact seemed not for moment
to consider that the State of North Caro-
lima had any existence independent Of
the ba gonets of the Federal Govern
Inent. 1t was known then as it is known
now. that the property owners of North
Carolina spurned and spit upon the
men who controlled the so-called Con-
vention and Legislature of 1868. It is
simply impossible for any person to
be an innocent holder or purchaser of
Il North Carolina Special Tax Bond.
Until the captive shall be held re-
&ponsible for the acts of his captor;
until the vanquished army shall be
held responsible for the rapine of the
victorious; until the true owner shall
be bound by the deeds of the wrongful
holder, the taxpayers of North Caro-
lima will not be held bound to pay
either principal or interest of the So
called Special Tax Bonds.
II any of the money paid by the
purchasers of these bonds has gone
into the Public Treasury of North
Carolina since it passed from the con-
troll of the Legislature of 1865 So 20; or
if any such money has been expended
for the benefit of the State and the
State has accepted that benefit, we
do not deny that the State is liable for
1t. IT is apparent, however, that this
liability does not admit any response
bilitv growing out of the issuance of
the bonds ; it admits q responsibility
only for certain moneys the State has
received and used.
But this view of the case is unim-
portant, because of the comparatively
very insignificant amount for which it
would render the State liable.
We have given you as briefly as
possible the view that is generally taken
OF the obligation of the State of North
Carolina to pay the Special Tax Bonds,
and the reasons therefor preferring to
discuss the question upon its merits
as affecting the honor and good faith
Of our people, rather than upon legal
technicalities.
THE ABILITY OF NORTH CARoLISA TO PAY
HER PUBLIC DEBT.
And now, sir, approaching how diff
ficrlt it is for one not upon the soil to
understand the present condition of
North Carolina, we beg leave to reca-
pitulate somewhat and to restate what
we said in our last letter as to the