The news & observer., 1901-05-11


through the dark years of Reconstruction
answer.
There was no authority granted the
President in the Constitution to levy war
against a Sovereign State The war pow
er is vested in Congress, and even tFat
is forbidden to be exercised against
State. Such power was sought to be es-
tablished in the convention that framed
the Constitution of the United States and
was refused emphatically. There was no
warrant for the call upon North Carolina.
In his message TO the Legislature the
Governor says;
THE right now asserted by the con-
stitGted authorities to use military force
for the purpose of coercing a State to
remain in the Union against it's Will,
finds no warrant in the Constitution, and
still less in the principles on which all
our Republican institutions are based.
Abiding to the Act of Congress of 1795,
he says further: THE coveted powers
which Congress had refused to confer
were usurped, and whilst commissioners
from the Confederate States were at the
seat of Government urging peacefui set
tIement of all questions in dispute, and
striving to avert from the country the
calamities of war-whilst the people were
being deluded by daily protestations from
the President of his firm resolve to pre-
serve the peace, and we were in momen-
tary expectation of haring that Fort
Sumter at Charleston had been evacuated,
a secret expedition was fitted out and
stealthily despatched to commence the
war by an attempt to throw reinforce
ments into that fertilization. To high
criminality in involving the country IN
war, was added base perfdy in exciting
hopes and expectations to be dashed at
the moment of fruitiOn."
In the meantime Forts Macon at Beau
fort, and CasweIl and Johnston near Will
mington were taken possession of and
garrisoned (by the Governors order) by
State troops; defences were erected at
New Inlet OcracCke, Hatteras and else
where on the coast, and an impromptu
navy-a mosquito fleet as it was called
for the defense of the Sounds was organ
lied. The L. S. Arsenal at Fayetteville,
in which were stored large quantities or
small arms-most of them of antiquated
patterns-a battery of light artillery, and
other munitions Of war, was seized, it's
contents appropriated to arming and
equipping the troops, and its garrison
sent North.
passed an Act, with scarcely any opposi-
tion, calling a convention of the people
to consider the question of secession. The
convention met in Raleigh on the goth of
May. 1861. the anniversary of the Neck
Ienburg Declaration of independence, and
on the same day passed by unanimous
vote the following ordinance:
I'VE the people of the State Of North
Carolina, in convention assembled, do
declare and ordain, and it is hereby de-
cIared and ordained, That the Ordinance
adopted by the State of North Carolina in
the convention of 1899, whereby the Con-
stitution of the United States was rati-
fed and adopted, and also all acts and
parts of acts Of the General Assembly,
ratifying and adopting amendments to
the said constitution are hereby repeal
ed, rescinded and abrogated.
I'VE do further declare and Ordain that
the Union now subsisting between the
State of North Carolina and the other
States under the title of the United
States Of America, is hereby dissolved,
and the State of North Carolina is in the
full possession and exercise of all those
rights of sovereignty which belong and
appertain to a free and Independent
State"
There was no dissenting voice, and the
next day the Ordinance was formally
signed by every member Of the conven-
tion, 12O in number
This convention of the people-the
highest authority the origin and found
alton of all law and authority known to
a republican form of government-was
elected especially to determine upon the
Of
it unanimously, and it was not therefore
necessary to submit it to vote of the
people To that ordinance every North !
Caroiinian was bound TO conform.
1t is profitable to note how strictly in
accordance with law and precedent, and !
in what orderly manner, those grave pro- |
ceedings were conducted, and it may not
be amiss to draw parallel.
On the 18th of April, 1916, North Caro- |
lima, through her representatives then
assembled at Halifax, first of all the thir- |
teen Colonies, authorized her delegates to |
the continental Congress to unite in any |
measure looking to a separation OF the
Colonies from the mother country and to |
the establishment of independence, thus, |
as it were, assuming and ratifying the |
Declaration and resolves of MecklenbuTg |
made in May of the year previous. Ell |
bridge Gerry, of Massachusetts, in that !,
Congress-af afterwards Governor and Vice |
President-as may be seen in his letter |
in the American Archives-did not call |
that action reasonable, but approved it |
warmly and wrote his people urging like |
action on their part. So in May, 1861 |
North Carolina in convention assembled |
at Raleigh, by solmen ordinance, without |
one opposing vote, revoked the ordin- |
ance of 1889, withdrew from the associa- |
tion of States and by the same authority |
that had conferred, in like manner re-
called all powers heretofore delegated !
to the United States In both instances |
the step was taken through the lawful |
authorities duly constituted, after mature |
consideration, calmly, without outbreak
or violence. In both cases the act was
one Of Sovereignty. having been an as
sumption of power by the colony, where
as it was a resumption merely on the
part of the State of powers previously |
delegated. Now is it not monstrous to |
call that treason and rebellion in /
Sovereign State which in a mere colony ,
is termed patriotism and maintenance OF |
right? Such epithets, as so often flip |
PANTY applied are not only untrue but /
they are absurd whole nation, acting !