Newspapers / The Charlotte Democrat (Charlotte, … / May 24, 1864, edition 1 / Page 2
Part of The Charlotte Democrat (Charlotte, N.C.) / About this page
This page has errors
The date, title, or page description is wrong
This page has harmful content
This page contains sensitive or offensive material
WOESTEEN DSM OjD E AT, O H ARLOTTE; N . C . "li.-" -' .'ni' --, - -V- GOV. VANCE'S MESSAGE. To the Honorable the General Assembly of North Carolina:- Since your last adjournment, various and impor in itio situation of our affairs -have .occurred and many of them require legislative ac .tion at your hands. "The late act. of Congress conferring power on the president of the Confederate States, to impose .regulations and restriction! on commerce has given iriaetto-such a system,, on the pait of the Confede ,rate authorities, as will effectually exclude his State from importing any farther supplies for the :army or people. The port df Wilmington is now imore. effectually blockaded from toithin than with out. Xhe terms imposed upon ship owners, being uoh that a heavy loss is incurred by every voy jtge and notwithstanding the said act provides : -'That nothing in this act shall be construed to .prohibit the Confederate States, or any of them rom, importiDgany of the articles herein enume .rated on their own account' yet this is so con strued by the Government, as to compel the States .to -submit to the same terms as are imposed on pri vate .parties; and clearances are refused and the .ns;.Qf .the fortifications brought to bear upon our .oWn Teasels to compel a compliance. - Private parties importing supplies for fhe gov ernment, by contract, for enormous profits, are not .taxed by these regulations; yet the State of North .Carolina, importing almost the same articles for .the. same purpose, is compelled to submit to them. J, deem it inconsistent with the publio interest to refer more particularly to our blockade:running transactions and the loss which the State will suf fer on both ships and supplies now en hand, if .theee regulation continue in force. When this is .considered with the farther facts, as I hold it, that . the general government has no right? to seize one .half, or any part of, the interest of a sovereign .State in the vessels employed in importing her .-supplies (this being the terms, to which we are .called upon to submit!), or to impose such regula tions as will destroy instead of regulating com jmerce, it becomes your province to demand a re peal or modification of the act, and I respectfully and earnestly recomraend that you do so. And in .case Congress should decline to repeal or modify . the act, I respectfully ask for directions as to what I shall do with the ships and supplies on hand. A detailed statement of tnee supplies, together with ..an account as aocurate as it can be, without vouch-, . era for expenditures abroad , not yet received, is .herewith submitted, together with-the report of .Mr John White, our special Commissioner to Eu irope. In reference to this gentleman, it is due to him that I should say, that I have every reason to !be; pleased with the skill and fidelity with which the, performed the duties of his difficult mission. ATreport of our other Commissioner, Col. D. K. .McRae,' necessarily, incomplete, is also submitted, :,and will I believe be found equally satisfactory, : and creditable to him as Commissioner. In this .aeon&fiction, I respectfully ask for the appointment .(Of a committee to investigate all matters appc-rtain-to the blockade-running of the State, to be ap pointed at an early day, so as to report to your present session if possible. No appropriation has jbeen made by your honorable body to pay the cur rent expenses of the vessels engaged in running rt,hc blockade and none will be necessary, for these expenses can be paid by selling bills, drawn on our agent in England, as being incurred in Wil mington chiefly for the expenses f connected with .the loading and unloading vessels, compressing cotton, &o. And they can be discharged in cur rency. I would suggest that you authorize the Treasurer to rurchase these bills out of any money Xn the Treasury, and thus keep the sterling ex change in the Treasury which otherwise would liave to be put on the general markct3 and be lost AO the. State. Being convinced from experience that the legit imate business of my office, now four-fold greater ihan formerly, is sufficient to tax all my energies of mind and body and that I cannot do justice to Ahe interest of the State in a business so complica ted, as many of the transactions of which is carried on at such a distance, .1 respectfully recommend 4hat a commission of one or more gentlemen, skill ed in fuch business, be appointed to conduct the .future operations of the State, in importing sup plies, whether for the purpose of continuing the .operations or winding up tbe business. A report of the Adjutant General covering re ports of his subordinates in the different depart ments is herewith submitted. The impressment of property of citizens by offi cers and agents of the Confederate Government, .harsh enough in itself, has become doubly so, by the constant disregard of the provision of the law regulating seizures. In addition to this, the fla grant outrages committed, in every part of the '.country, by straggling soldiers,, and other persons ia the Confederate- service, having no shadow of , authority to impress property, has become a griev ance almost intolerable. A recital of many in stances of such, which have been brought to my knowledge, would shock the moral ense of the jnost "heartless. I have urged in vain upon the authorities of the Confederacy to check this evil, and have used .every possible efforts to do so myself. But it seems Ao grow, worse, and as the supplies -of our people become more scant they feel more sensibly this unjust deprivation of their property, which re . duces them almost to tbe verge of starvation: It must be stopped, if possible, ana I earnestly re commend such action on your part as yeu may think best calculated -to aid me in remedying the evil. My correspondence with the War Depart ment on this subject is submitted for your consid eration. I desire to call your attention specially to certain enactments of the last - Congress of the Confederate States. Among them is one extend ing the age of conscription, from 18 to 17 from 45 to 50 years, which, force is to be c and jan- jzed as a State reserve their company officers to be elected, and the field officers appointed by the - President, 'and all to be under his command. in auuiuou to me ore a minrv to dp nnnrenrn- ,aed to toe agricultural interest ot the country, should these men be ordered into actual service, I have to remind you that it will absorb the entire rmlrtia force of the State, and would leave the Ex - ccutive With no force whatsoever except State offi- cers a condition . dangerous at once to the peace nnd order of the State, and to its sovereignty and dignity. There can scarcely be a doubt of the in- expediency of this act as to this State; since the same men with tbe.exception of boys frm 17 to 18 .are now yexy . thoroughly organized as Home 'Guards under state authority, and have been heretofore and would be again promptly turned uui iu uaecq 'J &tccii fiuuuo danger, lirave UOUUIS , are also ' entertained of its. Conatitutionalitv: the i forces raised under it being to all intents and pur .... poses militia, tbe control of which cannot be Icgal Jy tslcen from the Executive of the State Govern ment at least so far as the appoiatment and com, missioning of officers is concerned. Should you, however, in the absence of judicial decision as to the Constitutionality of i&a &:t, decline to take the responsibility of refusing assent to it, there w,ill be an" indispensable necessity of your consti tuting some militia, for the preservation of law and and order in the State-Iy extending the age of eerviee in tbe militia, And by some uew .organiza tion of the remnants f the Militia arid Home Guard organizations; otherwise I shall have on my hands the officers of two distinct organisations, powerless for the want of tqen. In ths6BRec tion I would mention that the same ap .ikf Coa gress has again, conferred upon me, without re fence to the Legislature, the power to ejaim the exemptieA of such State officers as I may deem necessarry for the due administration ofhe laws. Not wishing to tako so important a responsibility uponkny shoulders without consulting the Repre sentatives of the people, I have so far claimed the exemption of all civil and military officers of the State, together with the indispensible . employees of the different departments of the State Govern ment as enumerated by your body at its ate extra session. And, I now respectfully ask that you in dicate to me by resolution, what persona you re gard as proper subjects for exemption. I have taken the ground that exemption of State officers Irorn conscription into the Confede rate service is not by favor of Congress, but is a matter of tight inherent in a sovereign Sateand that for the same reason the State has an. indispu table right to the, services of laborers and other persons who are necessarily in her employ, though they be not officers within the meaning of the' act of Congress. Should you again agree wifli mo in this opinion, I would be happy to be sustained by a resolution to that effect. . Should you conclude to combine the Home Guard and Militia organizations, I recommend that the latter be preserved. I should regret ex ceedingly to see the-militia abolished, andvits or ganization destroyed. It is the ancient and time' honored military institution of the State, her main dependence, in ordinary times, for the suppression of rebellion and repelling of invasion, and though shorn of its many short-comings, it has been or great service both to the State and Confederacy during this war. Among the acts of Congress referred to, that which has suspended the privilege of habeas cor pus has most thoroughly aroused public attention. Neither the losses incurred by the. radical and sudden changes "in tbe currency, nor the conscrip tion of the principals of substitutes, nor the ex tension of it to such an age, and upon such terms as to place the industrial pursuits of tlfe country at the feet of the President, nor the, heavy bur thens of. taxation none of these, nor all of them together, have so awakened the publio feeling as the Withdrawal of this time honored and blood bought guard of personal freedom from the people in tunes when it is most needed for their protec tion. 'It is true that eur forefathers assumed, and this generation has conceded, that in cases of re bellion and invasion, the public safety may some times require its suspension; and, therefore, we hare conferred on Cougress- the power of suspen sion in such cases, when the public safety may re quire it. Nor can it be doubted that" the power authorized to suspend is the sole power entitled to judge of the necessity for the act, and if the late statute had merely prohibited out and out the use of the writ for the time specified, there could- be no complaint against its constitutionality, however ill-timed and unnecessary may have been the exer cise of a rigor so great;. "But I have been as un able to see ia the times any necessity for denying the writ, as I am to recognize in the law the con stitutional exercise of the favor that is granted. Concurring in the doctrine that the protection against tbe abuse of the constitution of the Con federate Stat.es, cither by usurpation of powers or oppressive use of such as are granted, is to be found in the responsibility of Congress to the peo ple, ensured by their short tenure of office, and the reserved tight of each State, to resume the powers delegated to the Confederate government, whenever in her judgni nt they are perverted to the injury or oppression of the people, I deem it a duty devolved on the State, through her proper -organs, to make known to that 'government her complaints and to insist upon a redress of her grievances. Under the idea of duty, and in a spi rit of regard for the government of our adoption, I deem it iilcumbent to present, my objections against the late act. It is declared in the preamble that "the Presi dent has asked for the suspension, and informed Congress of conditions of public danger which render a suspension of the writ a measure proper for the public defence against invasion and insur rection." Therefore it is enacted that the writ shall be suspended as to "the cases of persons ar rested or detained by order of the President, Sec retary of War, or the General Officer commanding the Trans-Mississippi military department." Tbe statute proceeds to classify under thirteen heads a very great number of acts, of which, if a man be accused, he shall bo deprived of the bene fit of the writ'; and among them the act of at tempting to '.'avoid military service." To prevent the outrage which" may be perpetrated on an inno cent man not subject to military service for mere ly attempting "to avoid military service, unlawful ly demanded, it is provided that, "in case of pala ble wrong and oppression by any subordinate offi cer upon any party who does not legally owe .milk tary service, his superior shall grant prompt relief to tho oppressed party,", and "the subordinate shall be dismissed from. office,'' And as a general protection . of the citizens against abuses, under the act, it is provide!, that "the President shall cause proper officers to inves tigate the cases of all persons so arrested or de- ; taincd, in order jhafc they may be discharged if I improperly cUtaiued, unless they .ran be spcedilv tried in due. course ot law. And, finally, it is enacted that "no military, or other officer ehall be compelled in answer to any writ ot habeas corpus to appear in person or to re-, turn the body of any person detained by the au thorty of the President, Secretarv of War" A c- J "buC upon the ertificatc, under -oath, of the officer ; having charge of anv one so detainrd that snh j person is detained bym him tor any of the causes ; specified in ttie-act under said authority, further I proceedings under the writ sU..r immediately ccuse. in oruer to ascertain whihrr th onnfmnr;, t - ' i iuv iiijv. lit j, within the "poweis delegated, it is proper to keep in mind what are the privileges of-the writ of ha- bcos corjus, and we shall be sure to know what I can be affected constitutionally, by a suspension of I it. This writ is the offspring of the love of liber- 1 j ty, and has been in use lor ages by our ancestors j and ourselves, as the hand-maid of freedom. . ' Its i j use is to have enquiry made" according to the rule ' j of law of the causes why- persons are restrained of jtheir civil freedom. If upon enquiry by the pro- j j per authority," there be no cause for detention, the ' person is set at liberty. If these be cause he is re-! mauueu lur iunutr uiituuuu or auuwcu to go at large upon bail. Now, these arc ait the privileges ... - . .... ui me win w itnucus carditis. j lie writ nuus no place for niGtiGn until after the person is arieMed. So that if there be any privileges or securities to the person attending the mode of arrest, these are not the privileges of the writ of habeas corpus, but exist independently of them." And it is there fore clear that a power to suspend the privileges of the writ is not a power to suspend the privileg es secured in forms attending the mode of arrest. They are too distinct . to be confoundefd bv anv j' . : . a . - 'i:. c . species of sophistry; and thjs distinction is plainly j and Notably observed in the bill to suspend the writ, passed in Janunry, 1807, whk h suspended ii only when the person may have been "charged on oath," and arrested by virtue of ;,a warrant.": The writ was as effectually suspended by that bill as by this act, and the Constitutional securitiesattend in the mode of arrest were left .untouched and unimpaired.- It may be then regarded as settled truth, that the suspension of the writ is no suspen sion of the constitutional; forms prescribed for arrest, and that Congress has no power, express or im plied, to suspend any other guarantee of civil lib erty provided in the Constitution besides those secured by the writ alone. Notwithstanding this, the late act has strode over some of the most im portant guards of civil, liberty,, as; if any .express power had been conferred on Congress to suspend them likewise. Thus, while by paragraph 3, sec. 9, it is allowed Congress to suspend the privileges of the writ of habeas corpus : in the emergencies mentioned, it is by the same- section, paragraph 15, in the most emphatic, terms, declared that "No warrant shall issue but upon probable cause sup ported by. oath or affirmation, and particularly de scribing Jhe person to be seized." And by para graph 16, that "no person shall be deprived of 'his liberty without due process of law" that is, "law in its regular course of administration, 'through courts of justice," (1 Kent's Com. See. 24, para graphs 13 14 ) The. beginning of this due pro cess is first the charge on oath, and the nast step, is the warrant describing the person to be seized. The third is the arrest, and until this takes place the habeas corpus has no status, and cannot possi bly have any. At this point the writ springs into being, if not denied,' and as 'here only its aid can be songht for the first time; so here for the first time can its privilege be derived. Yet the act involves with its suspension a suspension of the distinct met in dependent provisions which guard the citizens igainst a fa lie charge.and tbe dangers of general warrant. .In my judgment, Congress had the same power to suspend every "other guard of civil liberty to he found in the constitution the same to deprive the citizen of tbe guaranty that he should not be held to answer for a capital crime, 1nles3 oh presentment or indiciment of a grand jury that be-should not be compelfed to be a witness against himself thai he should ravefthe rigb"t to a speedy and public trial by an impartul jury; and a trial in 'the district in which the criae shall have been committCXl. 1 The writ 6f habeas corpus is peculiar to the English people and ourselves. And a complete illustrafon of tbe operation of a suspension of its privileges will be seen by supposing thatait had no existence heie. In such case no provision- would have been foundfor-its suspension. But the clause requiring a charge a crime, to be. made on oath and warrant to describe tie per son to be seized would have been not only very proper, but the more necessary to be inserted. These could trot have been legally disturbed by Congress, aid any legislation dispensing with tbcro had been men usur pation arid void. - . ; , Such is tbe general view I have taken of the let ajs it is supposed to relate to crimes. But the statute is construed to reachcases involving.no offence whitever, legal or moral; and though there is some difference of opinion upon the question whether paragraph 5of sec. 1 embraces the case of it citizen not liable to tiilitary duty, who neither flies .nor resists, .but simply qpeals or tries to appeal to the constitutional repbsiors of the law for u decision upon bjs rights ; yet then is too much reason to believe -that the language is su;cepli ble of the interpretation that it does include sum per sons; and such is the interpretation put upon itby the military authorities. And as the suspension wasasked by the President, it is . but just to infer thatit was drawn to suit htm, and his exposition carries he in tended meaning of the paragraph. ' I am unable to see any reason consistent wth the principles of a free and civilized government, provided with a judiciary as a great and independent brtneb of its composition, for suspending, tho habeas coqus in cases which .involve no evasion or attempt tocvade military service that is duo, but which merelj asks when honest opinions differ to have the point settled by those tribunals which settle all maters of contro versy between citizen and citizen, and a citizen find bis government. IFa citizen owe not any militaryer vice to the government, he has as much right to refuse to render it, when wrongfully claimed of him, as he has to refuse to pay a debt to the government wrong fully claimed of him ; and if in both cases he stands fairly up and submits to aa investigation of the ques tion before those tribunals learned in such matters and appointed because of their fitness and skill, it woujd be just as reasonable to suspend the writ in the alleged debt of money as in the case of the alleged debt of service. This course might, and likely would, hasten the payment of a debt jut or unjust, and so it may serve to put men in the 'army exempt by the laws of the land. V There isjio instance of a suspension at any time of the writ, or the privileges of the writ, if there be any difference between them, for any other cause, either in England or America. Many suspensions of the privi lege of ibe writ occurred in England between the pas sage of the habeas corpus act and fhe Revolution, run ning through a period of almost a century, and they all empowered the King either to apprehend and detain, or to secure and detain without bail, such persons as are suspected of conspiracy against the King and his government. N There was a British act in 1777, which denied the writ to "persons taken in the. act of high treason, com mitted in any of the colonies, or on the high seas or in the act of piracy, or who were charged with or suspec ted of any of these crimes." (Hurd. 432.) ( The other suspessions in England after our-revoln-tion commenced in 1794, and continued at intervals till 1802 during the storms of the French Bevolution. They are of the same character as those before, and affected those only who were charged with conspiring against the King and his government. The suspension during Shay's rebellion extended to crime or suspected crime. The attempted suspension in 1807 was con fined to persons charged "with treason or other high crimes or misdemeanor, endangering the peace, safety or neutrality of the United Stales." The idea cannot be entertained for a moment that the power of sus? pending the writ was granted for'any such purpose as that of depriving a citizen of the privilege of a legal enqniry into bis obligation to perform military service, in order to fill the army with soldiers. If suih a pow er exist the sovereignty of tbe States is at the merey of tbConfederate Governmeut, Where lies the relief .against the conscription of the entire body of State offi cers? By this act it is deposited with the President alone! His officers alone can give the discharge Confederate officers chosen without even the consent of the Senate, and removed at will. The appropriate tribunals are entirely overlooked; the State Judges are thrust aside without ceremony, and even the Confed erate Judge, who holds his office during good behavior, is ignoVed and iu their room is placed an offioerwho lives on the breath of the Confederate Executive. If the Suite ofhYeis are not put into the army under such power in the Executive, it .is because the incumbent does not will it; and when the rights of tlfe State shall exist by sucrra courtesy, .they will cease-to have any existence at' all. It is hard to divine a sufficient rea son for displacing Jje civil tribunals already establish ed, aud substiii.ting others so dependent upon the-Executive' for.theii- existence. The assurance of public men, that the power will not be abused, can never" re move the fears of freemen, who rely only upon written Constitutions to protect their liberties. History is too full of .wrong to allow them to forget for a moment thai "eternal vigilante is the price of freedom." It is manifest that, the net contemplates that the military shall be "invested with fall powers to arrest any person who may be suspected of any of the vague and ill-uefined charges mentioned : and ehch is the interpretation put on it by the general orders of Adju tant General Cooper, thus suspending the civil authori- lus throughout the land, aiid it is equally clear that it-also cf-ntcmplatcs that the order of .the president for i testing er t'etaininj citizens shall be a general ordi r to arrest and detain a.ll such as may rotr.e within the ;ite;y it suspected persons, without naming- or de scrit ir.p the individual, and each military officer who may l e deputed foMhn.t purpose will be iuvested with a perfect d sen-non over the liberty of every citizen in the-land. In substance and effect the President is in tended to be empowered with authority to fill the land with military deputies who may seize any citizen with out wan ant or oath of .probable cause, under a general warrant from the PresidSut to arrest all suspected per sons. Such a warrant is without a precedent in Eng land for the last hundred years and during the entire century .past has been forbidden, denounced, and de flared void. " . - In my judgment The President is vested by the Con feierate Constitution with no part of thejadMcial author ity except ia cases arising in the land and naval forces, or in the militia, when in actual service under. his or ders. If he is vested With a particle of civil judicial rarisdlctioa where is the crant of it, and how far does it Extend? If he has the power to issue a warrant for the arrest of a civilian suspected of violating a'law.of too uoBieaerate estates, ne may make it returnable and txarainable before himself, and order a discharge or require a baiL It. is.certain that the mere anspeHsion of the writ of habeas corpus does not invest the Presi dent with the powers of a civil judicial magistrate, and if it could have that effect it could not give- him an au thority while discharging his judicial jurisdiction to lay aside the restraints imposfd upon the other judges. The course adopted by the administration of allow ing the writ of habeas corpus to Issue, and of forth with checking the action of the judge and suspending all &is farther proceedings ad libitum, to await the re ports of military officers having custody of tbe peti tioner to their superiors,, and finally subjecting the case to the decision of the War Department in deroga tion of civil authority, is humiliating to the independ ent character of the judiciary, and tends to the greaJ danger of liberty, to familiarize the people with a mili tary supremacy. - - . It must be remembered, however,', that hose are merely my opinions. The Supreme Courtwhich alone has the power to decide upon the constitutionality of tbe law, has not yet spoken. When it does speak, we must give heed to its voice, so long as the law' remains on our statute -books. . But whether for constitntional reasons or reasons of merely policy,' the people have a right to demand the repeal of any obnoxious law. On both grounds I recommend that you urge Congress to repeal the act suspending the privilege of the habeas corpus; or, should you concur in the judgment of Con-gi-ess, that a suspension is required by the exigencies of the times, that it should at. least be modified and! stripped of it? unconstitutional or (at least) obnoxious features. . ' . '' : . My opinions on this subject is .well known. In the first message I had the honor to send to your body, in 1862, speaking of the then existing net authorizing a suspension of the writ, I used the following language : "I have not seen an official copy of the act, but learn from the newspapers that Congress has conferred upon the President the' power to suspend the writ of habeas corpus in all cases of arrests made by Confederate au thorjty. If this be oocl admitted, no man is safe from the power of tne individual. He could at pleasure seize any citizen of the State, with or without excuse, throw, bim into prison and permit him to languish there without relief a power that I am unwilling to see entrusted to any living man. To submit to its ex ercise would, in my opinion, be establishing a prece dent dangerous and pernicious in the extreme," &c. There Is nothing of this I am desirous of taking away or adding to. My earnest remonstrance against the passage of the present act is herewith transmitted, together with divers" other letters to the Confederate authorities in relation to the execution of the civil laws, rights of the peoplef&c and which will convince you, I trust, that I have been ec ually zealous to guard against the inner as well as the outer clangers which threaten us. Many recurring dangers of senons conflict with the Confederate Government, especially in relation to the seizure of principals of substitutes after discharge by a judge, have been upon me since your session. They were. fortunately avoided however; but their solution would have been easy could I but have had the assist ance of'the Supreme Court. - I greatly regret that you did not see proper to comply with my recommendation, when, .you were last in session, to authorize some "one to convene that body in cases of great importance, and which Admit of no delay I can but repeat it now, for many obvious reasons... Nor have I, amid all the embarrassments and per plexities of the situation, been unmindful of the great object of all our blood and suffering peace or neg lectful of all proper and honorable efforts to obtain it. Kuo ing tho great desire 6f our people to save the pre cious blood of their children, if by 'any possibility an opening might befound for the statesmen to supercede the soldier, I approached the President en the first op portunity presented by the cessation of hostilities last winter, and urged him to appoint commissioners and try whai might be done by negotiations. I had little hope, indeed, of those commissioners being received by the government of our nemy, but I thoughts it our dutv. for humanitv's sake to make the effort and tn ay- . t . 1 1 i .i. . i convince our own sunering peopte inai men govern ment w tender of their lives and property and hap piness. My letter to the PreshleiiHast December and his re ply are sent herewith for your information. I respectfully rcc6mmend that you, as the representa tives of the people of rth Carolina, should lay down what you would consider a fair basis of peace, and call upon our Representatives in Congress, and those tp whom is committed the power of making treaties, by the Constitution, to -neglect no fitting opportunity of offering such to the enemy. These terms in my judg ment should be nothing less "than the independence of those States, whose desiinies have been fairly united with the Confederacy by the voice of their people, and the privilege of a free choice to those which have been considered doubtful. I presume that no honorable man or patriot could think Of anything less than independence. Less would be subjugation, ruinous and dishonorable. Nobody at the North thinks of reconstruction, simply because it is impossible. With a constitution torn into shreds, with slavery abolished,- with our property confiscated and ourselves and our children .reduced to beggary, our slaves put In possession of our lands, and invested with equal rights, social and political, and a great gulf yawning-between the North and South, filled with the blood of our murdered sons, and its waves laden with the debris of our ruined homes, how can there be any reconstruction with the authors of these evils, or how can it be desirable if it were possible? Lincoln him self says it is not possible :- so docs Mr. Fillmore, a raau whom we once respected; and 60 do nine-tenths of fcheir orators and.presses. The only terms ever of fered us contained in Mr. Lincoln's infamous proclam ation, were alike degrading in matter aud insulting in maJkier, being addressed not to the authorities, Con federate or'State, of tbe South, but to individuals, who by the very act of accepting its terms would make themselves the vilest of.manki-nd. I cannot too earnestly warn you', gentlemen, and the country against the. great dangerof these insidious at tempts of the enemy to seduce our people into treating with him for peace individually or by the formation of spurious States or parts of States . Indeed, I might add, that I look upon any attempts to treat for peace other than through the regular channels provided bv our constitution, so long as ouj government is maintained, as almost equal-. ly dangerous, it is the real pern ot the hour. - I he long continuance and bloody character of the war have so ex hausted the patience of our sufferine people that many of k them are in a condition to listen eagerly to terms of peace, without duly cpnsidenng what the sults would be, or ho.w they are to be acquired. An example of this great danger is to be found irvthe attempt of the British Minis try in 1778 to seduce the loyalty of our forefathers from the cause of independence, by sending peace commissioners to the Colonies with the proposition, contained in Lord North's "conciliating bills' These tylls proposed to aboli ish all -taxation whatever upon the colonus, except what might be necessary for the convenience of commtrce the. nett proceeds of which were to go to the use of the colonies to suspend the operations of all obnoxious sta tutes in reference to said colonies passed since 1763: and authorized these coinuiissionaTs to pardon all such. persons as tuey saw proper, ana to treat wit n tne existing gov ernments or individuals." Here ajmost all the -principal matters of dispute were conceded; but our fathers had an organized government and had set their heart on inde- i pendence. ' Yet the terms offered were so fair, that but for. j the firmn8 and wisdom of the great and good George I Washington, and tha unflinching patriotism' of Congress. the fate of this continent might have been changed, so great-was tho weariness of the people and soloomy were the. prospects. The danger of allowing commissioners to address themselves to anybody but Congress was so great, as well as such a violation of the laws of waf and interna tional courtes3', that that body, after promptly rejecting the propositions ami declaring that "the only solid proof of a disposition on the part of the Crown to make an hon orable peace with the colonies ''would be an explicit ac knowledgement of the link pendence of these States, or -j the withdrawal of the fleets and armies," went on eoleimi- 1 ly to declare the measure to 'be cwntiary to the law of nations, and utterly subversive of that confidence which ; could aloii maintain those means which had been iv nt j ed to alieviare the honors of war, and that, therefore, the : persons employed to distribute such papers were not en. ! tiflecl to the protection of a "flag." ! Gen Washington was so asu.nKhed and indignant, that j on its first appearing, he was induced to regard it as a for ' gery. aud in a letter to the President of Congress he nsed I the following language, remarkable for its severity coming ! from him: "The enclosed draft of a bill ivas 'brought to Headquarters yesterday afternoon by a gentleman who infyiroed me that a large cargo of them had just been kent out of Philadelphia. Whether this insidious proceeding is genuine and imported in the packets, or contrived in Phil adelphia.is a'ioinrundeterminetf and, immaterial; but H is cerlaixjy tbsndetl in principles of the moet wicked, dia bolical baseness, and meant to "poison the minds of the people ana aetacn me wavering at icaat uum vi And ao-ain: "The necessity of potting the army n arc spectable footing, both as to numbers and constitution, is now become more essential than ever. : The enemy are beginrTmg to play a game more dangerous than their ef fnrtat.v arms ( thmif Ii these will not be remitted in tho smallest degree,) which threatens a fatal blow to tbe inde pendence of America, and of course to her liberties. They are endeavoring to ensnare the people by specious allure ments of pftace. " It is not impiot ub fhey have had such abundant 9iisa to he tiretl of tho var. that they may be sincere in the terms which they oJVyr, which, though far short nf nnr nretensious. wilL be. extremely flattering to mind that. 3n not nenetrate far into political consequences but whether they are sinccr or not, they nyy be equally destructive, for to discerning men noming can De more evident than that a peaqe on the principles ot DEPEND ENCE, however limited, after what has happened, would be to the last degree dishonorable and ruinous. . It is doubtful whether many of our friends migBt not incline to an accommodation on the grounds held outor which may be. rather than persevere in a contest for independence. If this i th nn it must surely be the truest policy to strengthen the army and place it upon a substantial foot ing. This will conduce to inspire iav country wuu couii dence; and if a treaty should bjj, deemed expedient. will put it in their power to insist upon better terms than they could otherwise expect.' - nnnnael did the Great Washington suv- tainthe cause of independence, buoying np the hopes of our ancestors and laboring to meet inose insiuions aiiempm of the British to decoy tbra into the dangers of seeking TMnc.A fctr 5rrfrnlar find revolntionarr methods. Again, in another letter to the same person, he say's: "It seems to me nothing short of independence can pos sibly do. The injuries we have received from Britain can never be forgotten, an a peace upon other terms would be the source of perpetual feuds and animosity The civilized world, wherever liberty Is worshipped, has with one voice thanked. God for 1 the gift of Washing tori Should we, his countrymen, reeipients'of the bless ings of his wisdom and valor, refuse to heed his warning Strange as it may seem, these " specious allurements of Eeace, descriDea ana aenounceu oy uu. Mmugwu, ave not been presented by our enemy. We are trying to delude ourselves. So great is the hostility, and bo furi ous the fanaticism of the dominant party at the North, that they have not even offered us leans thai could be regard ed by the most timid and wavering as "alluring." -Lincoln's proclamation is so grossly outrageous and so repug nant to onr everv kla of. liberty, property and honor, as JM insure the rejection' of the terms it holds out, while it adds weight and grvea a tome qi aumoruy 10 me on re peated assertions of their public men and presses that they want no compromise, but will only be content with our subjugation. If our enemy were-. really willing, under any circumstances, to compromise with us upon any terms short of our absolute submission, they would certainly say so. and to those whom they know to be authorized to en tertain their propositions. The insidious attempts to in voke separate, individual and State action, proves this conclusively, and can have ho other intention than to plunge us into civil war and to subjugate us beyond re demption. How strange, then, to think, as some our peo ple honestly do, that the very plan proposed by the enemy for our destruction, is the best way to secure a speedy and honorable peace ! I respectfully submit, that my plan, based on. tha wisdom and patriotism of Washington, and the universal teaching of history to strengthen and sus tain tbe army, and negotiate through the proper channels -is the safer and the Detter one. Ifseems to me that the safe, true and conservative path through all our troubles, lieain guarding alike againstthe destruction of law and liberty on the one hand, and the impatience of the. people under the burdens of war, on the otbert whi'e with both hands, and with all our strength,, and hearts and souls we maintain and uphold, thohc who, even as I write, are battling and bleeding for the rights and independence of their country. I confess I am not of those who seem to think the greatest danger-to our rights and liberties is from onr own people and our own govern ment. Whilst struggling to resist the inevitable tenden cies of revolution to destroy civil freedom at home, I can not forget that the danger from without threatens the de struction of everything; that there voines from the North, a rank and bloody despotism, fierce and fanatical, gory with onr people's blood and blackened by the smoke of their burning homes, 'with hordes of armed slaves thirsting to complete the demoniac work of wasting and destroying and panting to sovOdfc iu the furrows of the plowshare of desolation, as it runs over our razed cities and inwhose march forms of law, constitutions, free governments, life, home, property, all, go down to rise no more, till God sbH implant in the bosoms of a new generation the prin ciples of liberty and love of peace, which this, in its mad ness, has cast off. In addition to the many brilliant victories vhich have crowned our arms this spring in all parts of the Confedera cy, I have thq sincere pleasure to congratulate yon upon the very splendid success of the opening of the campaign in our State, resulting in the re capture of the towns of Plymouth and Washington, and the rescue of a consider able portion of our territory from the enemy. This is the more gratifying because was accomplished by troops under the command of two distinguished sons of North Carolinina Brigadier, now Major General Hoke, com manding the land forces, and Commander Cooke, with the steam-ram Albemarle. I doubt not but that you will see the propriety of rendering suitable thanks to these gal lant officers aud the brave officers and men under their command for the conspicuous heroism which has been re warded by such splendid results. We cordially and glad ly welcome back our fellow-citizens of that rCgion. thus rescued from the enemy, to' the embraces of their mother State, and thank them for their steadfast adherence to our cause under the tyranny and oppression of our foe. In deed, it is gratifying. to observe the very great loyalty and patriotism of that whole portion of our State withfn or contiguous to the enemy's lines which-has been alike sub jected to his blandishments and his ravages. May the day sffeedily come when our jurisdiction shall again ex tend to the sands of the Atlantic. Several other matters, which I deem it unnecessary to snecifv. will thrust themselves upon 3'our attention. In regard to financial matters, the interesting report of the Public Treasurer is so full ana complete that l am content merely to refer you to it, confident that I could not improve upon any of his suggestions, which I, in the main, endorse. . The poor especially the indigent families of our soldiers, still demand our care. It is justly conceded that when they are not able to support themselves the State should support them in the absence of their natural protectors. I cannot, however, make any specific recommendation for their farther relief, but should any plan occur to your su perior wisdom, I doubt not but you will promptly act upon it. It will be very difficult for many of them to struggle through till harvest, especially hrsome of the counties of the west wnicu nave peen preyea upon atise . Dy inena and foe. ' Trusting that harmony will prevail in your counsels, and that much good may, under Ged, result to the coun try therefrom, I close my message with a expression of readiness to co-operate with you, should it lie in my pow er. in the execution of the labors devolving upon you. Executive- Department, i -... Z. B. VANCE. , .Raleigh, -May 17, 180.4. . .Surgeon General's Office, ' , RALEIGH, N. C, April 27,1864. ) I propose to establish In the city of Raleigh a. manu factory Jer ARTIFICIAL' LIMBS. :;. f ; The 6bJ;ct of this 'enterprise is to supply these use ful 'articles' to1 all'soidleri from this Shite, who have betn, or :ay be, so maimed in the sertk alo require them. ,. . . si Privates and non-commissioned officers will be farV nished gratuitously. Commissioned officers" will be charged iVe actual cost. Disabled soldiers are requested to correspond with the undersigned, giving name, regiment, rank, locality of amputation, ancT.the precise measurement of the re maining member. '" I wish to employ a number of competent mechanics for the above named purpose. All such are invited to communicate immediately with this office. EDWARD WARREN, ; . ; Surgeon General of North Carolina. May 2,-1864 Ira . ins vm,i;i igriftDifcRs. All young men in the .county of Mecklenburg, who, from service in tbe army, have been rendered physical ly incapable of making a "support, and who have not heretofore had the adr w.tages of education, sufficient to qualify them for .business, by applying, to mc, will have their tuition given ibetn, at my expense, i.i the This olfer will not con- -flict with thelaudalde cffvrU the Rev Dr. Detms iu behalf of the orphan of dectase olliers. May 9, 16C4 lm J - Cotloii Cards. As conply Agent, have 300 mor pairs Cotton Cards for sale to soldiers' families and others in need. Any one having old card backs to spare will piease leave therh at D II Brerly's store as I w ish t, p irchase them. , . . B.'W. ALEXANUfa.lt, . My2,'isfl 'Agent for. yec,Vlenburg co.. THE WAR JN VIRGINIA.- THE BATTLES OP THURSDAY : AND FRIDAY . " V MAY 5th AND 6th. ' " Correspondence of the Richmond Dispatch. ' ' On hnrsdaj evening as the enemy were mo, ing across from Germanoa Ford towards the plank road, Gca. Ewell's corps, which the turnpike road, struck the head of their column as it was passing 'the pike. Heavy Bkirniiahine at once ensued, and etofl -the enemy finding thenf. selves much pressed, turned , and . attacked uj" Johnson's division occupied the left of the turol pike, and stretching over towards the river, bU right resting on the turnpike road', and Kode's oc cupying the. right wkh iisleft, joining Johnsoo'i right on tho pike, whilst Early was heldiara. serye, . . About one, pm the. enemy made a fori, ous onset upon ling Gen J. M. J ones' Virgil brigade, who held the advance and the extremk f Johnson's dirisioB by Battle's brigade, and thl fcther three-brigades tjf Codes' division. Ths Sght which' ensued wal contested itk great olstiniej until about three, p. m , when a Julr ensued, onr men haying repulsed the enemy most handsomely During the attack on .liattla'a brigade, and just it a time it was being rapidly .forced back, Gordon's brigade was ordered forward, and mado one of tho grandest charges of the war, forcing the enemy back at all points. ' Later in the evening, about 5 o'clock, the again made a desperate assault upon ' Johnson's lines, but which was mosc gallant r and handsomely repulsed, our 'troop remaining fcaattr of the fieldand the Yankee killed anil wounded being piled up in great numbers before our breast, works. The enemy not knowing .that we had any breastworks, charged us, and. were terribly cut to pieces. '--'" - - . ; In this , engagement Brig Gen Pcgram was se verely wounded in the thigh. ' During the first of tbese engagements . the gallant J M Jones, of Ya was killed Under the following circumstances : His brigade it seems, except tho, 21 st Ya., under Col Witcher", was' faltering'and rapidly firing, when Gen J., in-nothing, daunted; jode to the front and called to his men to rally around him. At the same moment Capt Larly, his. A. A. G, and Capt Moore, bis A. D. C., rode to his side, and emula ting the courage Of their noble leader, were tnak ing ineffectual efforts lo rally their men, when Ihey then -becoming prominent marks for the enemy sharpshooters were quickly picked off. Capt Early fell dead, and Capt Moore felL severely wounded. The conduct of tji'e brigade has been' and doubtless will be much animadverted upon! to extenuation it may be mentioned that .this brigade has made aooi e splendid fights during tbe-war, that the ene my advanced in heavy forces and very suddenly, and that this brigade afterwards reformed and fought most courageously. . Whilst matters were thus progressing on K well's front the enemy in heavy force advanced to attack Heth and Wilcox." A warm and desperate fight ensued, lasting 4rom 3 o'clock until sundown. The result was that the euemy wcr.c held in check, and repulsed on this part of the line as well. as in front of Swell. During the night Lane's pickets suc ceeded in surprising tbe enemy and capturing about 300 prisoners. Ewell, in the fights on. his front during this evening, captured about 1.000 prisoners, including 30 or 40 commissioned officers, besides a cood number of Yankee wounded who ell in our bands. Gen Johnson, Of Ewell's corps, also captured dar ing this evening's fights, two pieces of artillery, including horses, harness- and gear. We also lost abput 200 prisoners from Brig. Geo. J. AI. JoneV brigade. ia the first engagement in the early part of this. day. Altogether, the result of tho first days engagement, was a most decided success to us, especially along Ewell a lines. Indeed Ewell, V- -1' . 1 - 1 . woo is aiways up 10 um anu action, coycrcu Him self all over with glory, as did bis gallant Major Gen. Johnson, llodcs and Early. Gen Lee, when be heard of their success, said "I always rely up on the second corps Tor hard fighting. . Give tlicm my thanks." " - Whilst the infantry were thus engaged the csr alry were not idle. Ilosser witTi his single brigade fought Wilson's (formerly Kirkpatrick's) cavalry division all day Thursday, and finally. succeeded in forcing it to give back. His loss was about 200 as well as t can ascertain. Commencement of the Fight Friday. On Thursday night the enemy began to move slightly around to our right, and early on Friday morning they advanced in heavy force on Ewell's front, with six lines of 'battle, and fought most obstinate ly. Ewell's boys, aqd especially Early's, remem bering the advice of tha sage of Bunker's Hill, watched until they saw the whites of the enemy's eyes, and the poured into them such a volley of leaden miesles as caused them to "reel and stagger, and finally to give back, not, however,. until the dead on Ewell's front were strewn Jbick around. One advance upon and reconnoissance of Ewell's position, which was strongly fortified, seemed to satisfy them, and. -they made no further assault during the day. Gen E.' simply held bis ground, and so there was no further fighting on our left wing.' Simultaneously, with . the advance upon Ewell's lines, tbe enemy also made a move againtf our centre, engaging Jleth and Wilcox, for some time without any restzltwhco the enemy, becom ing very stronr; in front. of theso divisions, began to force, them rapidly back. At this opportune moment the gallant Kershaw and his hcroio braves, first checking their onset upon .Heth and Wilcox, then repulsing them, and finally driving the ene my before him. . . . About 11 o'clock, Lietit Gen Longstrcct having rjlanned'.a most brilliant flank movement, was ad 'vancing at tbe head of -his column to tbe right of. tbe 'plank road, in order ta ue certain ot its sue cessful consummation, when, by a mistake growing out of the faei that our troops mistook -him and his staff for Yankees, he was fired upon. Tbe re- suit was that Lieut Gen Longstreet was wounded painfully, but not dangerously, in tbe left shoul der, the ball entering obliqaeiy and pasiinc up wards. 1 . ' ' . The same fire which thus deprived the country temporarily .of one of its ablest, purct . aud most psliant officers, robbed tbe country, by death, oi Brig Gen Jenkins, of South Carolina, who was in stantly killed. Geh Fields temporarily took Lieut Gen Longstreut's plicc and kept up the movement, from whicb' Loiigsilreet very justly expected tbe happiest results. The enemy began gradually to give way,, and by 4 p. m. the enemy had been pressed back some two miles- i. e., our right aaI centre had swung around, driving the enemy back and in towards tbe river, our left meantime stand ing fast. About 1 p. m tbe heaviest fighting ceased. From then until night brisk skirmihbing was kept up. " . Our loss thus far will be fully fcix thousand, of which a much larger .per centagc than us oil aro officers. A'very large number are also but slight ly wounded, and will toou be able tu return to duty. Daring the entire fights tln re tiave not been over one hundred discharges of artillery. The body of the Yankee General Wadsworth, was found in front of our lines, nnd also the body of a General with Jhc initial 'H. II. C." supposed to be the Yankee General Carr. It is also report ed Hal the dead body of the Yankee Gen Ilajf?,
The Charlotte Democrat (Charlotte, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
May 24, 1864, edition 1
2
Click "Submit" to request a review of this page. NCDHC staff will check .
0 / 75