The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1897-07-30

ting magistrates. AS those justices had
passed on the matter n no witnesses
were in attendance I postponed the
case. If the matter had stood upon the
order of Colonel McElroy alone I
should have felt it my duty to discharge
the prisoners forthwith, for where the
imprisonment is against law and in
violation of the Constitution the party
must be discharged without going into
the evidence. / know you and all other
good citizens feel assured that 1 will at
all times discharge the duties of my
office to the best of my judgement. For
this reason / understood that by the ex-
|! preston I protest against their being
tried here without due notification of
Colonel McElroy,' you mean only to
suggest the propriety of a postpone
ment,s otherwise I should have felt
called upon to learn on what ground
the governor, or any one else, has a
right to attempt by protest or in any
other way to interfere with the indie
pendent action Of a judge in the dis
charge of his official duties. But 1 re-
peat l have no idea you intended it in
that sense, and believe you only meant
to make a suggestion amicus curiae.
But as the expression admits of another
meaning 1t was proper to advert to it
in the manner I LAY done, as the COM
iiulilCdIlOH SccIIlS u nc III du Official
style.' Vance wrote Pearson that re-
Election might lave induced him to en-
tirely omit the latter part of this letter.)
Confederate Commissioners General
Northrop writing September 20 said
that complete arrangements lac been
made for the use of tithes collected in
Western North Carolina for the sub
slstence of the troops sent to that Sec
ton under command of General Robert
B. Vance.
October 8 the governor wrote quite a
warm letter to Secretary of War Sed-
don, saying that in September the Ad-
vance had missed a trip for want of
coal, 1.-The confederate government
agents at Wilmington delivering it to
blockade runner in preference to my
vessel, and assuming the control of the
coal mines so hat no one else can get
any without their consent. Thinking
this time to have Goals ready I sent an
agent to the mine, bought 100 tons and
shipped it to Wilmington, but on ar
rival it was seized by some one and
put aboard the Cornubia, in defiance
Of the fact that it belonged to this
state. Now I ask o u interference in
this matter. The mine from which the
coal was taken belonged to aliens and
was seized by the confederacy as con
fscated property, and their agents put
in charge of it. AS you must be aware
no title can accrue to the confederacy
In this manner for real estate within
the borders Of a sovereign state. The
title of this property is therefore clear
ly in the state of North Carolina, and
whilst I am perfectly willing that the
cOnfederacy should continue to use
this mine as heretofore, I am not will
ing, neither do I intend to be stood
aside N rms "onn0r III horyo i
Goals when the state requires them, in |
preference to blockade me or any, |
body else. Please give orders to this !
effect or I shall be compelled to order |
the attorney general to begin legal pro- |
ceedings, and to order coal seized for
my purpose. The loss Of one trip of the |
Advance is Of consequence sufficient to
justify this action, and her cargoes are
of quite as much Importance to the CON
federacy as to the state"
|
The secretary of war wrote that the
postmaster general was in charge of
communication, and that to
him had been referred the matter of
building a telegraph line between
Raleigh and Fayetteville.
Postmaster General Reagan wrote
October 8 that the cost of building a
telegraph line from Raleigh to Fayette-
Vile would be $29, 800, and that it would
cost $500 a month to operate it. Reagan
said he must decline to build; and that
he had refused to build a line from
Magnolia to Fayetteville, for which
General Whiting had asked.
John White wrote from England Sep
tember r. that he had shipped to Ber-
.uda in a schooner from London 300
ions of supplies entirely for this state.
He always calls the blockade runner
he Advance. Others spoke of it as
he A. D. Vance and as named in honor
If the governors Wife, He notes the
from the governor of $500, 900 in
North Carolina cotton bonds" and .
the remainder (S40O, 00O need
not be sent.
Under date of August 26, Adjutant
General Daniel G. Fowle said: AS 1 be-
e that the revocation or modiica-
Of general order No. Il would I'M
the circumstances be a reflection !.
me 1 would respectfully tender i.
ny resignation as adjutant general OF g,
he state" (This general order No. II .
s not giyen.) The SANE day Fowle :
-lso wrote that his resignation was not i.
Iue TO any want Of esteem for Vance, !
nd added: In case the home guards :
n this section of the state are brigaded -.
would accept the command Of themI .
you should see fit to tender il 20 me" :
added that he would continue to act :
s adjutant general save as to general :.
rider No. II. !
August q General Fowle wrote: In :,
he concluding part of yours Of 26th ;,
assume that general order No. II =
unlawful. I beg leave to say that :
! this latter opinion you are mistaken. :.
: l WAS prepared 10 demonstrate had :
Il opportunity afforded NE Of so doing. -
cur decision was rendered without F..
caring my side Of the question, al -
on two occasions I e~ndeavored r
unnecessarily TO speak to you with re- !.
ard thereto. l trust that this reply, :
hich a sense Of what is due to myself ;,
roinpts me to make, will not be con- =
.rued into an inclination on my part of :.
Willingness to reassume a position :.
hich 1 would AVE resigned several =,
iontns g but from a sense Of duty" n
GENERA RonnfnO on1