The gold leaf. [volume] (Henderson, N.C.) 1881-1911, 1889-12-05


Colony the sole and exclusive right of
forming a constitution and laws for
the Colony" etc, etc.
This believe was the first distinct
declaration for separation from Great
Britain and State independence, and
there is much beside priority to evoke
admiration. North Carolina had by
many acts of resistance to the British
authorities provoked their vengeance,
yet she dared to lead in defiance =; but
no danger however dread in the event
of her isolation could make her accept
cooperation, save with the reservation
of supremacy in regard to her own
constitution and laws-the sacred
principle of "community indepen-
dence" and government founded on
the consent of the governed. After
having done her whole duty in the
war for Independence and become a
free sovereign and independent State,
she entered into the Confederation
with these rights and powers recog-
nized as unabridged. When expe-
rience proved the articles Of Confed
Grafton to be inadequate to the needs
of good government, she agreed to
general convention for their amend
ment. The convention did not limit
its labors to any amendment of the
articles, but proceed to form a new
plan of government, and adhering to
the cardinal principle that govern
ments must be derived from the con-
sent of the governed, submitted the
new plan to the people of the several
States to be adopted or rejected as
each, by and for itself, should decide.
1t is to be remembered that the
articles of Confederation for the
"United States of America" declared
that ssthe Union shall be perpetual, "
and that no alienation should be
made in the said articles unless 1t
should .sbe confirmed by the legisla
lures of every State True to her
creed of State sovereignty, North Car
olina recognized the power of such
States as chose to do SO to withdraw
from the Union, and by the same to-
ken her unqualified right to decide
whether or not she would subscribe to
the proposed compact for more per
feet Union, and in which it is to be
observed the declaration for perpetuity
was omitted In the hard school Of
experience she had learned the danger
to popular liberty from government
which would claim to be the final
judge Of its own powers. She had
fought long and devastating war fol
State independence and was not will.
ing TO put in jeopardy the priceless:
Jewel she had gained. After care
full examination it was concluded thai
the proposed constitution did not SUI
ficiently guard against usurpatlon BY
the usual resort-to implication of pow
ers not expressly granted, and declined
to act upon the general assurance:
that the deficiency would soon be sup
piled by the needful amendments. 1r
the mean time State after State hac
acceeded to the new union, until the
requisite number had been obtained
for the establishment of the ''Constltu
ton between the States SO ratifylns
the same" With characteristic self
reliance North Carolina confronted
the prospect of isolation, and calml,
resolved if so it must be to stand alone
= rather than subject to hazard her mos
priced possession, community indepen
dence. Conhding in the security of
fered bY the first ten amendments t.
the Constitution, especially the otl
and 10th of the series, North Carolin
voluntarily acceded to the new union
!, The 10th amendment restricted th
,, functions of the Federal governmen
=. to the exercise of the powers delegate'
to it by the States, all of which wer
expressly stipulated. Beyond tha
y limit nothing could be done rightfully
If covertly done, under color of Law
or by reckless usurpation Of an extra
> ; neous majority which, feeling powe1
. should disregard right, had the Stat
= no peaceful remedy2 Could she as
= State in a confederation, the bed-roc
of which is the consent of its member
', be bound by compact which othei
= = broke to her injury2 Had her re
- served right no other than pape
barrier to protect them against lnva
: son2 -
: Surely the heroic patriots and wis
) statesmen of North Carolina by the
\ sacrahces, utterances and deeds hay
. shown what answer would have bee
p to these questions, if they had bee
" asked, on the day when in conventlo
, they ratified the amended Constitute
of the United States. Her exceptions
, delay in ratification marks her vlglla'
:. care for the rights she had so ear
n asserted and so steadily maintained.
! OF her it may be said, as it was
a, Sir Walter Scott in his youth, that
; was ssalways the first in row and Il
,r last out of it, In the peaceful repo
, which followed the Revolution all h
Ia interests were progressive.
IS Farms, school-houses and towns 70