Wilmington journal., 1875-02-12
tho doetrina uhiaIa--1laderlaid al the


declarations of Congress made, from
time to time, during the war, and over
and again, proclaimed almost IN terms
the doctrine also Of President ) ohm
son and eGabinet-his Cabinet be,
fne he same assthGt Of his pfedeces-
sor: Lincoln. Eelis doctrine was thai
all political power exercised Wlthlr
shesa B tases was absolutely extingutsti-
Cd. and that oil civil offices were va
cant, from the highest to the lowest
ir0Il- that Of the Governor TO that o1
tie constable. It was held, however,
that Notwithstanding the war and the
subiugation of the South. the States
remained as political entities, and that
Consultation remained. 1t was
held, further, that certain alterations
Should be made in the Constitutions
to adjust them to the new order oi
things. The alterations demanded II
this State were: 1st, the repeal of the
Ordinance of Secession; I'd, the email
cipation of slaves; Sd, the Reputation
of the debt contracted in aid of the re
belIion. 10 effect these changes a Con-
vention was deemed necessary. That
Convention was called by tie Progis
ional Governor; for the State until d
new Government could be formed was
placed under a provisional govern
mept-a government military III lte
origin aud nature, though making g
use of civil machinery. This Conveu-
tion met in the Fall of 1865. At this
Convention the several alterations de-
malnled were made and were approved
at Washington. The State was nov
thought to be placed in proper col'stl-
~ H,.nrnl
ernmeut. At tDe same Convention 81
ordinance was made for holding an
election for Governor, members OF tbs
Legislature and Representatives II
Ccu3re-s This election was duly
.eld. The Legislature met on the
third Monday of November, 1866, and
held a regular session. During tins
session all the vacant offices of tht
State were filed, and our people, hav
ing done all that was required OF them,
rested in the hope that they had a
lesgth civil government.
1t was brief delusIou. On the q
aud 9th of March, 1856, the Y. con
strllction acts We're parsed by Con
gress-act', the effect of which was +,
.ay Ia the dust the fabric of govern
ment built up 10y the PresidentaDd hls
C4binet. States were obliterated fol
the time heng. and parceiled ont int
military q stricts. Every otticr Wa
vacaf+d; not a peace officer was iuf
vi, hin she limits of the state. Evel
fiI, Provisional G:,v4ri mnut-thougi
military in II, nature and power d
dispensed with, perhaps a. tending t
tteiude us, as to our true situation, by
its Ciylt forms 4 General, III CON
mand OF al army, took possession o
the Department, ol:ce the STATE o
North Carolina. Stark military ruiz
yvaa est bl: she'd. The will of tie CON
rna1ding General was absolute; auC
though courts of certain sort cOEtiu
utU to be held. the General IN com
mand interposed at pleasure, and con
tFosled their proceedings as absolute !,
as he controlled the movement Cf In
Il oops on the march or in the field
such e government can be fifty char
acteE;zsd 10y one term ouly--that OF ,
stern daspotism.
The difference between the ''rolicy,
as it was called, of the President ant
Cabinet, and what was called til,
Congressional Policy" is seen AZ !
tstanc". The Presidential policy W..
satisfied with such changes IN oul
Fundamental lay. as would pat tn,
State IN, what they deemed. truc -
Iations to the Federal government
The Congressional policy could ~
satisfied by DO change in the Consti
tuition, however great. It involved
an utter demolition OF the State. .nt
the rebuilding Of 1t by the InJlitar,
power of the Federal government
The former touched the key stone u
cur system OF government Stat,
soveregnty--as lightly as possible
consistently with the end to be attain
ed; the latter struck full upon It
shl,ist it out of place, and spurned j
out of view. Tie Congressional poll
cy went further, even than this; it no
only set aside our State Constitute,
altogether, but demanded a change i
the Constitution of the United States
60 accomplish which the consent O.
two thirds of all the the States was
required. Accordingly joint rrso,u
ton was passed in Congress, propos
ing al amendment to the Constitution
of the United States-now known a:
the 14th hAmendment-theA
respecting citizenship; basis of repre-
sent&tlon; disq ratification for Office
and the validity of the Public Debt ot
the United States. This Amendment
was ratified at once by the "loya
States" indeed, it was to them in nC
way Objectionable, their population
being homogeneous. 1t was, however
an ''experimentum crucis' to tne
Southern States, where it was intend.
ed its turee should be spent. But
to any objection from this qnarte,
little heed was given their c07ascai
uns to be coerccG.
1t cannot escape observation. whg
great strides were made towards cen.
tratization by this Amendment These
great subjects were brought into the
vortex of Congressional action and
control, which formerly belonged ex-
ciHsively to the States. But there is
no time to pause upon that now
In pursuance of the Act of Recon
structlon a registration was had of the
voters of this State, and an election
was held for members Of the Convzn-
tlon on the 10Th and goth Of Novpm-
ber, 1869. The results of that election
were only known through the General
commanding tnis-then military
District; for in obedience to orders.
VIC tctUEnS were made to
him at Charleston. The result was
proclaimed in favor of a Convention,
and military order was published re-
quiring the Delegates-a list of whom
was attached to the order-to assem-
bic in Raleigh on the 14th day of Jan
nary, 1868 1tiassembled accordingly,
and to that Convention we owe our
present Constitution and almost a nail
il"n and a half of our public Dc bt, rep
resented by bonds TO that amount.
D'd that Convention have power t.
create that debt 1t is clear that it
had not, aud for reasons which it 10
easy to assign.
In the first place, the powers OF that
Convention were limi ed by The n4ili
tary order under which it asse nli,Ie q.
The terms of that order arn Clear and
unmistakabie; they are $50 trome a
Constitution and civil government. :"
This language is SO explicit that 40 in
9enuity can pervert it. The Ccnven-
sion was Ito frame a Constitution. -
They were restricted to dealing with
the III ndamertal law; to doGni q
the powers of the State; the distFl bn1
tIOn of those powers. tba macb;uarv