THE WILMINGTON JOURNAL.
WILMINGTON, N. C., MARCH 1, 1866.
The war waged by the United States against the
Confederacy, was heralded to the world as a war
for the preservation of the government It was
not to be a war of conquest; not a war of annihila
tion, but to be carried on solely, as congress and
the press throughout the northern states averred, to
compel submission to the authority of the govern
ment, and to restore the union of the states. That
was the principle involved; that the main issue at
ct- rath thi understanding thousands were
- i a I-' fh northern armies who would
bare recoiled from doing so under any other in
bfl nld flacr. thev loved
U.Ul:t;illt:iaii. -
the union, and could not consent to its dissolu
tion. All over the north the rallying cry was the
union it shall be preserved; we demand no con
fiscation; we wish no annihilation of peoples; the
states cannot go out of the union, and we fight but
to keep them in. The war ended, we all know
how by the complete, entire submission of the
southern people, and what ought to be the legiti
mate result of such an ending. The union, of
course, and the union only, with the exception of
slavery. And this is President J ohnson's view of
the situation, if we correctly understand it. But
the radicals in congress the majority headed by
Stevens in the house, and Sumner in the senate,
think otherwise. They hold that the war was
waged only for negro emancipation; that the states
claiming to secede, did actually secede, and are now
but conquered provinces, and to be treated as
such. In their wild and fanatical zeal for the
black race, they wish to enforce the idea that the
union cannot be restored unless the negro and the
white man are put socially and politically on a
level.
The question naturally arises as to their sinceri
ty in the expression of the principles they now
enunciate. Are they honest in their convictions;
do they mean what they say; do they really be
lieve themselves, in the equality of the races? It
is not in the nature of things that they should;
every instinct of the heart revolts from such an as
sociation. It is true, (if we take their election to
seats in the council halls of the country as a crite
rian.) they represent the northern sentiment, but
we cannot believe that a majority of the northern
people sanction their views, or approve their
course. If they do, it behooves every conservative
man, every good man, north and south, to rally
to the support of the president, and to assist in
beating back this evalanche of ruin which threat
ens to engulph us. He stands almost alone against
the wild fanaticism of the north. He has shown
himself, not by words only, but in acts, to be our
best friend; has exhibited a degree of moral cour
age unexampled in our history, and which his
previous antecedents gave no reason for expecta
tion. Surely the people of the south will not be
wanting in gratitude towards him, for his efforts
in their behalf. The impulse of patriotism, the
moral obligations of duty, and the generous prompt
ings of grateful hearts, all forbid it. Let there be
general meetings then, of the people throughout
the south, to give expression to the universal feel
ing of respect entertained for him, and let all
unite, irrespective of former party association, to
do honor to the man whose actions are governed,
not by the commands of party, but by the prompt
ings of a lofty patriotism. It may be urged that
such action on our part might tend to excite the
already vindictive passions of the radicals against
the president, and would be used by them to his
prejudice and injury. We do not believe that any
such result would follow. The breach between
the radicals and the executive has already been
made, and nothing that we might do would ma
terially increase it. Besides, they are determined
to crush him, and having the will to do so, they
will not be very scrupulous in regard to the means
used to effect their purpose. The south owes a
debt of gratitude to the president; let us not be
lacrsrard in showing that we appreciate his course
towards us; it is due alike to him and to ourselves,
and in our judgment it should be done promptly.
The President and Ills Veto Message.
We have read the President's message vetoing the
bill enlarging the power of the Freedmen's Bureau,
with a high appreciation of the manly and straight
forward manner with which he grapples with its de
tails. There is no dodging around corners, but
marching up squarely to the issues; he deals his
blows unsparingly, until its very advocates cannot
but feel, if clear perception is yet left them, that
a more high-handed, uncalled-for measure was
never before attempted to be forced upon an un
willing people. One cannot but perceive in read
ing Mr. Johnson's messages and speeches, how
fearlessly he assumes responsibilities, and how de
termined he is to yield not a jot or tittle of what,
after mature deliberation, his heart and mind ap
prove. His plan of reconstruction has been
laid down, and from it he will not deviate an inch.
His arguments against that position of the bill ap
pointing agents to act as judges and to adjudicate
questions arising upon contracts, and with powers
to imprison, are exceedingly cogent and defy refu
tation. The constitution guarantees to every one a
speedy and public trial by an impartial jury of the
state wherein the crime shall been committed, and
this position of the bill is in clear violation of the
fundamental law of the land. Upon the question
' of the right of the government to seize upon cer
.tain lauds, and to grant them out to other parties
than the owners, he is conclusive in the legal
grounds assumed by him.
This property cannot be seized and confiscated
without due process of law being first had, and it
shall have been legally declared in the Federal
courts forfeited to the government; until that shall
have been done it is the property of the original own
ers. The President does not believe that the class of
persons to whom this bill is expected to bring re
lief will find in it that haven of rest and happiness
so earnestly sought for by their friends. He says,
"in truth, however, each State, induced by its
own. wants and interests, will do what is necessary
and proper to retain within its borders all the labor
that is needed ior the aeveiopement oi its re
sources." This is a true solution of the question;
a complete answer to the difficult problem, which
weighs like an incubus upon the Northern mind.
Only let the negro alone, and let the citizens of
those States in which they reside alone, and the
necessities of each party operating upon the other
will quickly produce most beneficial results.
The negro will be protected in those rights which
may be guarantied to him; and their employers
will find it so greatly to their interest, in order to
obtain their labor to the best advantage, to treat
them kindly and humanely, that if they work
faithfully they will find no difficulty in meeting
with prompt payment for their services.
Ifis a message of great ability and unanswerable
in all its points. It will exalt its author to the high
est rank among the soundest statesmen this country
has ever produced. He looks not to the interest, nor
yields to the demands of any section, but believing
it to be his sworn duty, under the Constitution, to
do impartial justice to all sections, he puts his foot
down, and the radical tide flows back, dismayed
by the commanding front of one, who, truckling
not to party, dares pursue the right. We would
like to comment at length upon this most admira
ble message, but time and space forbid. We beg
our readers to give it their earnest and earliest pe
rusal. The Political Situation.
We desired to communicate with the readers of
the Journal freely in this morning's issue, upon
the condition of affairs and the temper and dispo
sition of men and parties at Washington, but our
nnrnose has been thwarted by untoward circum
stances, and we are forced to be brief and pointed
in the few remarks we are allowed to make.
The political cauldron at the capital of the na
tion boils tumultuously and threatens to over
flow. Men's passions are greatly exacerbated,
and anything but an era of good feeling rules
the hour. The Richmond Whig of the 19th,
which has just fallen under our eye, characterises
it as " an era of bad feeling of bitterness, passion
crimination, defamation and revenge."
" The President is to be hunted down by the
disappointed Radicals because they find him a
stumbling block in their path. He stands between
them and the Constitution, which they would
abuse with violence; between them and the South,
which they are seeking to ruin. He is an obstruc
tion and a hindrance to them, and they are resolved,-if
they cannot remove him by impeachment, to
destroy him by vituperation. Wendell Phillips,
that maker of phrases, and fomenter of strifes, thus
sounded the key-note at the Brooklyn Academy
on the 13th February : ' This campaign has to be
fought against Andrew Johnson ; the last had to
fought against Lee. ' Again, said he, on a previ
ous occasion : ' Unless an outside pressure, such
as has never been known, can be brought to bear
upon Congress, the President will beat.' "
Knowing Wendell Phillips, and knowing the
character of the Radicals, we all know what this
means ; it means war to the knife the knife to
the hilt.' It means a war of pitiless denunciation
and unscrupulous defamation. That war has al
ready commenced ; the hunt is up ; the hounds
are let loose, and the noble game, instead of fly-
ing, has assumed tne attitude oi antagonism ana
defiance. With the Constitution in one hand and
the Union in the other, he stands calm, collected
and self-poised.
It is painful to think that, after so much of strife,
and when the country so much needs repose, there
should be a renewal of fierce agitation. It is pain
ful to see the head of the nation, who is devoting
himself with all his energies, experience and great
abilities, to the establishment of the constitutional
status of the country as it existed before the war,
treated by a domineering party as though he were
a miscreant and the ' cut-purse of the empire.'
With a moderation worthy of the primitive days
of the Republic, he denies himself powers that
would make him an autocrat, because those pow
ers are not conferred by the constitution. In the
same spirit he denies the same powers to the legis
lative branch of the Government. Hereafter, when
fanaticism and passion shall subside, and reason
shall once more assert its sway, the whole country
will honor him as he deserves to be honored for
so doing. In the present unhealthy state of the
Northern mind, when the frantic passions of war I
nave surviveu mat war useii, tne xvaaicai party,
demoralized by the habitual exercise of power, and
impatient of all restraints upon its will, views Pre
sident Johnson, who is called by the perverse and
vindictive leader of the House of Representatives,
that man at the other end of the avenue, with
jealousy, distrust and aversion. But there he stands
and will continue to stand, a lion in their path."
We have collected and publish elsewhere in this
issue, tne criticisms oi the press upon the Presi
dent's veto of the freedmen's bureau bill. It will
be gratifying to the reader to perceive he is sus
tained by all with the single exception of Massa
Greeley.
Daily Journal, 2th ult.
Major Gee.
A military commission has been organized
in
Raleigh, under the orders of Gen. Ruger, to try
Major Gee, for some time in charge of the Con
federate military prison at Salisbury. The gener
al charge is cruel and inhuman treatment of pris
oners while under his control. The specifications
are unknown to us.
What facts may be proven on the trial we have
no means of ascertaining. But the allegations are
entirely incompatible with Maj. Gee's private con
duct, which is remarkable for humanity and the
exercise of those pleasant charities which sweeten
the intercourse of life. His friends in Florida
will procure him able counsel. May God grant
him a safe deliverance. The following officers
constitute the court, which commenced its session
on Wednesday, the 21st instant:
Col. W. W. Wheeler, 28th Michigan Infantry.
Brev't. Lt. Col. John Hamilton, U. S. A.
Lt. Col. R. K. Miller, 128th Indiana Infantry.
Brevet Major John R. Myrick, U. S. A.
Brevet Major P. S. Connor, U. S. A.
Capt. John Corbin, 128th Indiana Infantry.
Capt. Dwight Fraser, 128th Indiana Infantry.
Major Francis E. Wolcott, Judge Advocate.
How a Dead-Head Traveled fkom Zanesvllle
to Columbus. The Zanesvilie Sianal gives the
loiiowing numorous description oi a
on the cars. A Zanesvilie man,
11 1 1 A
being "flat
oroKe, and wanting to go to L;oiumuus, con.
eluded to " brass it," and .accordingly took a seat
in a car on the Central Ohio railroad. The Signal
thus describes the trip :
The train had nearly reached Claypool's before
the conductor, whom we shall call Jones, had
reached our dead-head friend in his round of
collecting tickets and fares. " Your ticket, if you
please," said the conductor. " Haven't any,"
said the dead-head. "Where are you going?"
inquired the conductor. "Columbus," replied
the dead-head. " Two dollars and ten cents,"
said Jones. "Haven't nary a stamp," remarked
1 1 . 11 1 1- S 4 1 1
our deaa-neaa acquaintance. ' lou must pay
your fare or get off the train," said the conductor.
' Stop her," quietly remarked the dead-head.
The train was stopped, and he was left on the
side of the road to await, ss he said, the next
train, on which he succeeded in getting. The
same scene transpired, ending by the dead-head
telling the conductor to "stop her," and he being
again left on the side of the road. Train after
train was boarded, and each put him off a little
nearer Columbus. The last train on which he got
was that of our friend Jones, who was on his
return trip from Bellaire to Columbus. Dead
head got on his train at Pataskai, and was under
full headway before being discovered by the con
ductor.
"Going to Columbus again, I suppose?" re
marked Jones. "Haven't been there yet," said
dead-head; "I can't get to ride more than six
miles before they put me off. I don't think I'll
get on more than one or two trains after your'n
before Columbus will be the puttiner off place. "
" Well, do you think we can carry you unless you
pay your fare r inquired Jones. "Stop her,
quietly remarked dead-head. Well, I do think, "
said Jones, "of all the brassy individuals lever
met, you are rather ahead of them all I'll take
you there for your infernal impudence and noth
ing else." And dead-head was carried into Col
umbus on the same train he started on three days
before.
A shark would make a great mistake in swallow
ing a couple of doctors. They would be sure not
to agree upon his stomach.
A paper may be sprightly without being savage,
humorous without being vulgar, and sharp with
out being scandalous.
Ladies fret not over small losses. By such weak-
i ness you will soon have that great loss, the loss of
beauty, to fret over.
Till: STATE DEBT.
REPORT OF JOIXT STASiDIKG COMMITTEE
Otf FINANCE.
We publish both the majority and minority
report of the joint standing committee on finance.
The subjects discussed will interest all our rea
ders, and will enable them to understand the legis
lation upon the important matter of the public
debt, in its progressive steps, through both branch
es of the general assembly.
We have heretofore spared neither expense nor
labor, nor shall we in the future, to lay before our
readers the more important papers submitted in
the legislature, publishing them sometimes in ad
vance of our Raleigh cotemporaries.
The report we publish to-day, will be found we1!
worthy the space we give to it, and will-do to lay
by for future reference.
The joint standing committee on finance, hav
ing been instructed by a resolution of the general
assembly, to enquire and report " what debts and
obligations of the state, created or incurred du
ring the rebellion are void, and what are not void,
under the ordinance of the convention making
void all debts of the state incurred in aid of the
late rebellion," having had the same under con
sideration, beg leave to submit the following re
port:
The convention, by an ordinance ratified the
19th Oct. 1805, declared and ordained by section
1, " That it shall be the duty of the general as
sembly of the state, as soon as is practicable, to
provide for the payment of all debts and obliga
tions created or incurred by the state, otherwise
than in aid of the late rebellion. "
And by section 2, "that all debts and obliga
tions created or incurred by the state in aid of the
late rebellion, directly or indirectly, are void, and
no general assembly of the state shall have power
to assume or provide for the payment of the same
or any portion thereof.
The language of this ordinance admits of b
one construction, and the great and only difficulty
lies in its correct application.
The convention failed to designate and declare
what debts were incurred in aid of the rebellion
and having imposed upon the general assembly
the duty of providing for the payment of the valk"
liabilities of the state, by clear implication impo
1 i 1 1 i 1 i
sed upon tnis body the duty or ascertaining am
declaring what debts and obligations were incur
red in aid of the rebellion, within the meaning o
the ordinance.
In pursuing this enquiry, the indebtedness o
the state may be divided into three classes:
1. Such debts as are clearly not war debts.
2. Such as are clearly war debts.
3. Such as are not clearly the one or the other.
I. The first class embraces all the indebtedness
of the state, created or incurred prior to the be
ginning of hostilities and without having reference
thereto, and likewise includes those bonds issued
during the war for rail road and other purposes
in performance of contracts and pledges of the
state made prior to the war.
This class of state debts consists of outstanding
bonds and interest thereon, the aggregate total o
which, to the 1st October, 1805, was $13,619,500.
as will fully and m detail appear, by reference to
the treasurer's report to the convention. This
debt having been incurred previous to the war,
(except some rail road bonds, which will be noti
ced hereafter,) when there were no disturbing:
causes to impair the credit
of the state, it is the
duty of an honest and faith-keeping people to
make provision for its payment as early as prac
ticable, and that without any reference to the or
dinance of the convention enjoining that duty upon
tne legislature.
II. Debts created in aid of the rebellion.
xnis second class oi state indebtedness was in
curred between the first of January, 1801, and the
first of May, 1805. Apart from the history of the
times, showing how this debt was created and the
purposes thereof, the titles of many of the acts anc
ordinances creating the debt, set forth the hostile
object of the law-makers:
1. The first was an act to provide for the pur
chase of arms and amunuiitioii of war,
ratified January, 18G1, and appropriating $300,000
2. An act to provide ways and means for the
public defence, ratified May the eleventh,
1861, apprpriating therefor, to be raised
by bonds, treasury notes and loans from
the banks, 5,1)00,000
d. An act to provide ways ami means lor the
public defence, ratified the 18th September,
18C1, appropriatig therefor, to be raised
by the issue of treasury notes, 800,000
4. An ordinance to provide ways and means for
the public defence, ratified 28th June, 18G1,
and appropriating therefor, to be raised
by the issue of bonds, treasurv notes, ar.d
by loans from the banks, ?3,200,000
o. An ordinance authorizing tne treasurer to
issue treasury notes for general purposes,
and to purchase clothiny and supplies for
troops, ratified December 1, lStil, to the
amount of $3,000,000
u. An ordinance to provide tor assuming
the Confederate tax, ratified 17th Feb.,
1865, and to issue therefor treasury notes
to the amount of $1
364,500
T i il m ,i iit a i
it tnus appears irom tne titles ot these revenue
acts, as well as from the body of them, that the
debts and obHgations created thereby, were made
in aid oi tne rebellion, and are tiiereiore declared
to be void by the ordinance of the convention
III. A Large number of revenue acts passed du
ring the war, do not show by their titles, or in the
body of them, any purpose of hostility to th
federal government, viz :
1. An act to authorize the treasurer to i.ssue
treasurv notes and bonds to fund the same.
Ratified Sept. 20, 1861, $1,000,000
z. An ordinance to provide tor landing treasu
ry notes, and to issue treasurv notes to
the amount of $2,500,000. Ratified the 2Gth
Feb., 1862, f 2,500,000
i. An ordinance to make mitner provision lor
the public treasury, ratified 12th May, 18C2,
and to issue m treasury nons, 52.000,000
1. An act ratified Dec. 20, 1802, authorizing the
issue m treasury notes, M, 500,000
and to sen bonds to the amount or ?u,000,OO0
o. An act authorizing tne issue oi treasury
notes to the amount of M00,000. llatitied
Dec. 12, 18G3, 100,000
u. An act passcu r.itn uec, im.$, to provide
against a possible deficiency of the public
treasury, and to issue bonds and treasurv
notes therefor, to the amount of ?2,000,000
7. An act, ratiried z&tn .nay, im,i, to supply
wavs and means for the public treasurv,
and to issue therefor, m treasury notes, $3,000,000
This latter class of acts and ordinances, just
enumerated, do not snow by their title or other
wise, any purpose to aid the rebellion, yet their
true intent and character fully appear from other
acts making specific appropriations for war purposes
out of the fund tnus supplied to the treasury ; and
it is well known, from the public history of the
times, which we can recur to, in order to ascertain
the true meat ing of statutes, that the funds thus
raised, or the greater part thereof, were spent di
rectly or indirectly in furtherance of the war.
Another consideration enters into our judgment
upon this class of debts and obligations of the
state, which do not show upon their face any
hostile purpose, ihe iunds thus raised, whether
by bonds or treasury notes, or loans from the
banks, were placed in a common treasury and
paid out, under general or specific acts, for war
or peace purposes, as the public exigency requir
ed. They passed into general circulation and
were incapable of being identified and distin
guished. A large part of them was issued and
paid out in aid of the rebellion, and the bad not
beinfj capable of separation from the erood.
tainted and vitiated the whole, according to ac
knowledged principles of law.
If a portion of this debt was created for legiti
mate peace purposes, but in the disbursement be
came so mixed and confounded with war debts as
to be inseperable therefrom, then the whoo must
be good or the whole must be bad. If they are
bad, they are void, and this branch of our enquiry
is at an end. li the whole are good, the ordi
nance fails of its purpose. But a statute must be
so construed as to give it effect and advance the
remedy. Here the fault, if there be fault, is not
in the ordinance, but in a system of legislation
which created and put in circulation a currency
without "ear mark " or token to distinguish the
various purposes for which it was issued. The
law cannot now supply the omission, therefore
this large class of debts and obligations must be
declared to be void. The total amount of the
war debt created under the statutes above enume
rated, liquidated and now outstanding, is $16,596,
485 in principal, with interest to the 1st October,
lobo, as appears in detail from the treasurer's
report to the convention.
UNLIQUIDATED CLAIMS.
There is a large amount of liabilities outstand
ing against the state, arising out of contracts for
military clothing, arms and other munitions of
war ; for transportation, pay, salaries and wages
of officers and employees in the military service
of the state. Wc have no means of correctly es
timating the total amount of these unliquidated
claims. They will, probably, exceed two millions
of dollars, (2,000,000.) This indebtedness having
been incurred in the direct aid of the rebellion, is
declared void by the ordinance.
UNPAID SALARIES AND FEES OF CIVIL OFFICERS.
The civil officers of the state, having taken an
oath to support the Constitution of the Confede
rate States, or without the oath, having engaged
in the administration of laws enacted in aid of
the rebellion, under a state government, arranged
in armed hostility, (as a body politic,) to the gov
ernment of the United States, the question arises
whether these debts and obligations were incurred
in the direct oi indirect aid of the rebellion, with
in the words and siirit of the ordinance. To
prevent anarchy, the state must have a civil gov
ernment, without reference to a state of war or a
state of peace. Where the officers of the civil
government, whether state or county, were created
before, or even during the war, for the legitimate
purposes of a civil government, and without ref
erence to a state of rebellion, the salaries and fees
annexed thereto are valid, and this, although cer
tain Confederate duties, in aid of the rebellion,
are super-imposed upon the office or officer. For
these duties are only collateral and accidental,
and do not enter into the creation of the office or
the salary annexed to it. The salary would be
due to the incumbent without reference to the re
bellion ; the officer might be punished for per
forming duties incompatible with his allegiance,
but the salary would still be due from the state.
If the civil offices of the state had been vacated
by the state of rebellion, by non-user, abandon
ment, or by virtue of proclamations issued from
time to time, during the war, by the president of
the United States, such vacation would be a for
feiture of the salary attached; but no question of
that sort can arise here. The convention has rati
fied all laws of the state and judicial proceedings
of the courts, had and made during the war, when
not incompatible with the allegiance due to the
federal government; thus, by clear implication, at
least recognizing the offices and the services of the
incumbents.
The committee is therefore of opinion, that .all
arrearages of pay, salaries and fees of the civil
officers of the state which accrued during the war
and up to the beginning of the provisional gov
ernment, are valid claims against the state, under
the ordinance of the convention. Whether these
claims shall be subject to the scale of depreciation
of Confederate money, which may be established
by the general assembly, does not fall within the
province of the committee to decide, in this en
quiry. The resolution under which we are acting,
only requires the committee to declare what debts
are void and what are not void.
COUNTY BONDS AND OTHER LIABILITIES.
Soon after the commencement of actual hostili
ties, but prior to the ordinance of secession, to-
wit, on the 11th May, 1861, the general assembly
ratified an act "That the courts of pleas and quar
ter sessions, a majority of the justices being pres
ent, and the mayor and commissioners of incor
porated cities and towns, shall have power to
make appropriations of money and levy taxes
to raise the same, for the purpose of raising,
equipping and paying any police force which they
may deem necessary for the protection of the citi
zens or property of the city, town or county, and
for the further purpose of rendering aid and sup
port to the indigent families of persons engaged
in the military service of the state, and to borrow
money on the faith and credit of the city, town or
county, and to issue certificates therefor,
Under this act most of the early volunteers of
the army were enlisted, clothed, equipped and
provisioned by the several counties and corpora
tions of the state. Carried away by the excite
ment and enthusiasm which then prevailed through
out the state, the counties and towns, in thus
raising, equipping and transporting troops to the
seat of war, at the expense of the counties and
towns, transcended the authority vested in them
by the legislature. For remedy whereof, the leg
islature, by an act ratified the 20th September,
1801, enacted "That all acts and proceedings of
county courts, for provisioning, equipping and
transporting volunteers, or to reimburse individ
uals who advanced means for that purpose, be,
and the same are hereby legalized," and a majority,
of the justices are empowered to "levy taxes for
such purposes hereafter."
Under these acts almost every county in the
state has incurred a lame debt during the war.
which is now outstanding, and evidenced by
county aud corporation bonds anil certificates.
The imjresrate amount of these liabilities will not
fall short of 2,500,000.
The first enquiry is, are these debts and obliga
tions primarily due and owing by the counties and
towns, also debts or obligations created or incurred
by the state? In order to reach the answer to this
inquiiy, it is necessary to follow the legislative
history ot the period of the war.
An ordinance, ratified the 8th June, 1861,
created the board of claims, whose duty it was "to
audit and settle," upon principles of equity and
justice, au claims tnat may oe presented against I
i ' . lit' i i j -i ,t
the state tor exienses incurred towards the
arming, equipping, subsistence and transpor
tation of our volunteer troops, and of munitions of
war, and lor bounty paid to said troops, either in
the military or naval service of the state, and other
expenses incurred in defence of the state, prior to
the UOth Mav, lobl ; and all count) claims, and
otner claims oi the character aloresaid, arising
il i nil i
since liUth May, lbbl, which are not provided for
by law ; and no county or corporation claim shall
be entertained by said board, unless the same shall
be certified by the county trustee or chairman of
the county court, or by the corporate authorities
of any corporation, whence the claims may come.
Subsequent ordinances of June 8th, 1861, and
28th June, 1861, enlarged the powers of this board,
and extended its jurisdiction to the accounts of all
agents and officers of the state,
An ordinance of 26th February, 1862, author
ises the towns of Wilmington, Newbern, Washing
ton, or any other town, in like case, to erect de
fensive works, and lay taxes and borrow money,
ichich the state assumes to repay
By an act of the general assembly, ratified De
cember sessions, 1862, the office of auditor of pub
tic accounts was created, whose duty it was " to re
ceive, audit and adjust all accounts or claims
against the state, arising out of teh military ser
vice or in the civil administration of the govern
ment." It was further provided, " that all claims
that may be presented against the state for ex
penses incurred for arming, equipping, subsis
tence and transportation of troops, munitions of
war, bounty paid to said troops, either in the mil
itary or naval service of the state, and other ex-
penses incurred in the public defence, shall be au- ury notes, issued at various times and under dif
dited and settled by said auditor, upon principles ferent laws, and used indiscriminately in meeting
ed to issue his warrant for the amount certified to I
be due. An act ratified in February, 1863, trans-
fers all the duties of the board of claims to the au-
uiwr. i
sy comparing the two acts before recited, au-
. . -
thorizing the counties, cities and towns to borrow
money and lay taxes for the purpose of raising,
equipping and transporting volunteers, with the
acts and ordinances passed soon thereafter, crea
ting a board of claims and the office of auditor.
and prescribing the duties of such officers to be to
uuuit ana setue tne claims oi counties and corpor-
awons, ureateu ior sucn military purposes, it would
seem clear that the state recognised all such debts
and obligations thus incurred by her authoritv. as
obligations of her own. which she was bound, in I
goou iaitn, to pay.
It is made a question by some, whether the or
dinance of the convention operates to make void
this class of state obligations. In this connection,
and as bearing on the question now under examin-
anon, it is proper to advert to the ordinance of
loth Uctober, 1865, declaring what ordinances and
laws are in force. By this ordinance it is declared
1"! O f oil lnnn r n A ...1 J 'it
wv u una auu uiuuiauwjs iiuuiicuuipauuie wiui
we uuegiance oi tne citizens oi the state to the
government of the United States are in full force,
4 ' and all other of said ordinances and laws are here
by declared to have been and to be null and void."
The effect Of this ordinance is tf dpelarA void I
ab initio, all the laws which authorized counties J rule of public morality or law. They may here
and n frier
taxea in aid of the rebellion.
No tax can be levied on the citizen except by
law ; no county, city or town can levy a tax on
the citizen, nor borrow money and issue bonds
therefor, unless empowered to do so by the legis
lative branch of the government that is by a con
stitutional law. If counties and other corpora
tions incurred debts and issued bonds under a
law which was void from the beginning, the
question occurs whether bonds issued and debts
contracted, by virtue of acts of the legislature which
are nullities, and were from the beginning can be
enforced between the parties before a legal tribunal?
While it is unnecessary for this committee to de
cide this question between counties and corpora
tions and their creditors, which is one purely for
the courts, it is the duty of the committee to de
cide and declare whether these debts and obliga
tions thus incurred by counties and corporations,
as between them and the State, are null and void
under the ordinance of the Convention. The
foregoing inquiry leads the committee to the con
clusion that they are not and can never constitute
a valid claim against the State.
While the committee will express no opinion on
the right of the Convention to pronounce an irre
versible judgment that a law, vesting rights in
corporations and individuals acting under it, is
incompatible with our allegiance to the United
States and void, it would yet seem that the Con
vention is clothed with all the political and civil
power of the State, and a solemn adjudication of
the Convention that all debts and obligations of
the State, incurred directly or indirectly in aid of
the rebellion are void, is binding on the legisla
tive and judicial branches of the government,
until reversed by the higher authority of the Su
preme Court of the United States.
The justice or policy of declaring void any part
of the debts of the State does not enter into the
inquiry imposed upon the committee, and they
express no opinion thereon.
In conclusion, the committee beg leave to sub
mit the following preamble and resolutions, and
respectfully recommend that they be adopted.
By direction of the committee.
W. T. BYNUM.
RESOLUTIONS DECLARING WHAT DEIiTS ARE VAL
ID AND NOT VALID UNDER THE ORDINANCE OF
THE CONVETION.
Whereas, The convention, by an ordinance
ratified the 10th October, 1865, declared and or
dained that all debts and obligations, created or
incurred by the state in aid of the, late rebellion
are void, and no general assembly of the state
shall have xower to assume or provide for the pay
ment of the same : and whereas, by the first sec
tion of the same ordinance it is declared and or
dained that it shall be the duty of the general
assembly of the state, as soon as praeti cable, to
provide for the payment of all debts and obliga
tions created or incurred bv the state, otherwise
than in aid of the late rebellion : and whereas,
before providing for the payment of the debts and
obligations of the state, it is necessary to ascertain
and declare what debts and obligations of the
state are void and what are not void, under the
said ordinance ;
I. Resolved, therefore, That all debts and obliga
tions created or incurred by the state of North
Carolina, by the issue of bonds, (except certain
rail road bonds hereinafter named) treasury notes
and loans from the banks and individuals, between
the 20th day of May, 1861, and the 1st day of May,
1865, and now outstanding to the amount of $16,
506,485, as fully set forth in the treasurer's report
to the convention of 1865, be, and the same are
hereby declared to be void und-u the said ordi
nance. II. Resolved, That all debts and obligations
created or incurred by the state, between the 20th
day of May, 1861, and the 1st day of May, 1865,
for military clothing, arms and munitions of war,
transportation, pay, salaries and wages of officers,
agents and employees in the military service of the
state, be, and the same are hereby declared to be
void under the said ordinance.
III. Resolved, That all the debts and obligations
of the state, created or incurred prior to the 20th
day of May, 1861, and consisting of bonds to the
amount of $9,719,500, and the coupons due there
upon not having been incurred in aid of the re
bellion, be, and the same are delared to be valid,
and the faith of the state is pledged to their pay
ment by the said ordinance.
IV. Resolved, That the following bonds issued
for railroad purposes, since the 20th day of May, J
1861, to wit : for the Wilmington, Charlotte and
Rutherford liailroad, $950,000 ; for the Chatham
Railroad, $219,000; for the Western Railroad,
$200,000 ; for the Western X. C. Railroad, $220,
000, are debts and obligations of the state, incur
red not in aid of the rebellion, and are declared to
be valid under said ordinance.
V. Resolved, That the unpaid salaries and ar
rearages of salaries and fees of the civil officers of
the state, which accrued between the 20th day of
May, 1861, and the 1st day of May, 1865, are debts
and obligations of the state, incurred not in aid of
the rebellion, and are valid under said ordinance.
VI. Resolved, That the debts and obligations of
all counties, towns and other corporations of the
state, created or incurred between the 20th day of
May, 1S61, and the 1st day of May, 1865, so far as
they may be made the subject of claim against the
state, be, and they are, declared to be void under
the said ordinance.
minority report ok .ioixt stanoi.vcj
committee on finance.
The undersigned, not concurring in the report
presented on behalf of the majority of the com
mittee on finance, in response to certain resolu
tions in reference to the public debt, respectfully
submit the reasons for their dissent.
The ordinance of the convention distributes the
obligations of the state into two classes ; tho one
consisting of such as were " directly or indirectly
created or incurred in aid of the late rebellion ;" the
other consisting of all such as were not thus cre
ated or incurred. Ihose belonging to the first
class are declared void, and the general assembly
is forbidden to assume or pay them. Those of the
second class are recognised as binding upon the
state, and it is made the duty of the general as
sembly, as soon as it is "practicable, to provide
for their payment."
The report undertakes, practicably, to apply the
rulej announced in the ordinance, and to assign
every form of the public indebtedness to its pro
per place in this division. As to a large part of
this indebtedness, the assignment is made without
difLcuty. Bonds issued before the war or after
the war, in pursuance of laws previously enacted,
to aid in tne construction of works of internal im
provement, clearly subsist in full force, while such as
were issued to raise means preparatory to. or in
prosecution of, the impending war, are us evi
dently invalid under the condemnation contained
in the ordinance. But there is a large amount of
the public liabilities, cannot upon any hist
principle ne placed exclusively in either class.
They consist largely in bonds for loans and trens-
been employed in procuring supplies of Drovisions
and salt for the use of the people : in pavins- ae-
cruing interest on the public debt ; in defraying
tne usual cnarees oi state frovernmenr nnri f.
cj o V"VJ XVJX
other proper expenditures, as well as in maintain-
ing lumuiiy operations, anu ior ODiects more mi-
t t i j-i -.i.-i - .
mediately connected with the pendingwar. These
securities, circulating as currency, and thus evi
dently diffused amonr the people, contain neither
upon their lace nor by reference to the acts war-
.1 m Zr
ranting their issue, any indication of an unlawful
purpose, in this uncertainty the majority of the
committee, associating all of them in one class,
consign to the sweeping denunciations of their
resolution, and Tirnnnnuce void all bonds. Tppnf
certain railroad bonds. treasurv notes and lnnna
from banks or individuals, issued for whatever
purpose, between the 20th day of May, 1861, and
tho 1st day of May, 1865. To this the undersign
ed do not assent. In their opinion a present ina-
bility to determine which of these are valid and
which void, under the principle declared in the
ordinance, may, and indeed does iustifv a post
ponement of these claims for future consideration,
11 1. .1 X J. il. - 1 j
oui noes uvi waimuh uicir lnaiscrixninate rejeo
tion.
Such of them as were given or paid out for law
ful and proper objects, and just demand upon the
state, which can be resisted neither under the
iniunction of the nrdinnnA nor Tirrm qti-o- an-n-nA
cannot, from such aa bear the taint of illegality,
and if so, by tho very term. of the ordinance,
must be paid
in illustration, let a single case, not an impro
bable one, be supposed. A creditor presents a
coupon at the public treasury, and receives in sur
rendering it, a package of treasury notes, which
is kept unbroken and distinct from all other funds.
This is made to appear on evidence of no ques
tion. Will the state refuse to recognise the validi
ty of these notes, and at the same time insist upon
their effect in extinguishing the claim of interest?
Or if the notes have been used in the payment
of the salary of a civil officer, and can be fully
identified, are they to be repudiated, and yet to
be held to have performed the office of discharg
ing the claim for public service? These and simi
lar cases, which may arise, admonish us of the
propriety of pausing before wre pronounce judg
ment of general condemnation, became of our in
ability from the information to be derived from
the treasury department, to distinguish between
those that are valid and those that aie void, of u
class of public securities amounting to more than
five million of dollars.
Nor are the undersigned prepared to assent to
the proposition, thfit all of tho unpaid salaries due
to the officers of the civil departments for services
rendered between the 20th day of May, 1801, and
the first day of May 1865, constituted debts " not
incurred in aid of the war."
Unless this obligation bo imperative and one of
strict right, it comes with no strong commenda
tion of its claims to public favor. It is not tin
fault of the state that any officer has failed to re
ceive the full compensation to which he is enti
tled. The same currency in which other creditors
were paid the currency in general use was in
the treasury amply sufficient to meet this demand
also. Payment has not been made, simply he
cause this currency, in many cases, would not be
accepted.
But does the claim entirely escape the condem
nation of the ordinance, and did tho service out
of which it arises, neither directly or indirectly,
contribute to support the war ?
The people of North Carolina were engaged in
a struggle to establish an independent general
government. The entire state government was
arrayed in hostility to the authority of the United
States. Through its agency and co-operation, a force
of more than one hundred thousand men had been
armed and sent into the field, a part of which was
in its own service.
Every officer in every department judicial, civil,
and military had taken an oath to support tin
constitution of the Confederate States, and to up
hold the authority of the government which it had
created. In his appropriate sphere of duty, every
state officer is thus made to aid and abet in the
work of revolution and of war. It is not easy to
distinguish between claims for civil and military
services rendered and directed to effect a common
end the establishment of anew government upon
any principle which will admit payment of one.
and deny it to another.
Tho undersigned do not construe the ordinance
in regard to the public debt as undertaking to
annul any part of its first obligations. It simply
enunciates a rule of general law, whereby their
validity is to be tested. Had repudiation been at
tempted, the act would have been in direct con
flict with tho federal constitution, and inopera
tive under the clause which forbids a state to pass
a law impairing the obligation of its own as well as
private contracts. Nor will they assume to dis
cuss the wisdom or propriety of the action of the
convention in enacting the ordinance. But do
not feel called upon to enlarge its operation to
- jrc ywt hoovlv U'lt iin ltu tsritc op I itwrnimio-
It is a question by no means free from doubt in
our opinion, to what extent the taint of illegality,
entering into the consideration of a security, trans
ferable by endorsement or delivery, can be allow
ed to follow and avoid it, in the hands of an in
nocent holder, or whether in this respect a public
differs from a private obligation. If such trans
fer has the effect of creating a valid obligation, it
is quite plain it cannot be impaired by any act of
the state. But we do not desiro to pursue this in
quiry further. The determination of this, and all
other questions affecting the validity of claims
against the state, properly belongs to the judicial
branch of the government, and to that tribunal
they must be submitted. We do not undertake to
place the liabilities of the state upon tho same
footing, as to tho rates in which they should 1 n
redeemed. It is quite as competent, however, for
the convention to apply the scaling process to its
own as to private debts. It is simply our purpose
to protest against their absolute and total rejec
tion. With these views, we submit our conclusions
upon the whole subject, in a series of proposi
tions. 1st. The convention has not assumed to repudi
ate or declare invalid any part of the subsisting
obligations of the state.
2nd. The ordinance announces a rule of general
law, effective without recognition, by which th
public liability was to be determined.
I5rd. A state, neither in convention or by legis
lative action, is competent to annul or impair tin
obligations of its own contracts, or the contracts
of its citizens.
4th. The ordinance commands payment of
the entire, public debt, not incurred in and of tin
war.
5th. The convention possesses, and has exer
cised, the power to prohibit payment of any dr
maud upon tho state, void under the principh
enunciated in the ordinance.
6th. Tho general assembly cannot, nor does
public policy require, tho extension of the prohi
bition to objects beyond tho limitation contained
in the ordinance.
7th. Difficulties on applying tho rule do justify
deferring, but do not justify or authorise tho in
discriminate rejection of claims.
8th. The application of the rule, determining
the validity of the public liabilities, is of judicial
cognizance, and of legislative action only so far
as is necessary to ascertain and rovidtt for their
payment.
W. X. II. SMITH,
RICHT). G. COWPER.
M. S. WIGGINS,
JAS. C. HARPER,
P. MURPHY,
M. E. HOLMES,
R. H. COWAN.
Females are a great institution, more jealous of
their rights than government officials. Enclosed
in hoops, they very naturally iclixip whenever their
rights are invaded. Their line of ffcht is principal Iv
crinoline, and although in slays, they seldom '
at home. When abroad they' smile, joke and an
cheerful, but at homo grimaces, gravity and angrv
looks aro served up morning, noon and night. '
They always have so much to do, that they " never
find time to do anything." Their home is not
like Mrs. So and So's home. They are never fit to
go to any place, because they have nothing to
wear. Fifteen bonnets, all out of fashion ; dress
es, " good enough, it is true," but then "I don't
like them." And so it goes. Noble institution,
ain't they?
Great, glorious and free,
First flower of the earth and first trouble we se e.
More in that strain would do the subject justic
but I have no Moore to suit. Their hair nowa
days gives them more trouble than tho escape ot
Stephens does the British government, or th
Monroe doctrine does Maximilian. 7lV.s reside
therein among the hairs unmolested. The tour
ist loves to linger, watching with varied emotions
of pleasure the Falls of Niagara or Minnehaha's
beauties, but who fails to admire and dream about
the waterfalls which are seen daily in the narlors.
ball-rooms, and on the principal streets of cities.
And why not? The difference is verv small on.
falls over rocks and the other rocks her falls. Their
waists are small and slender, like Snooks on a
bender, always showing a waste of dry goods, but
seldom a waste oi beans and pork. Their last
work is Dicken's-son which reads very well, being
on a new subject politics. Girls, beware of the
impression that is gaining ground against you.
The males don't want whalebono and cotton te
take the place of nature just yet.
Folio-Pout.
Sir Charles Napier, the hero of the conquest
Scinde, who was left terribly wounded on the field
of Corunna in 1809, was reported as dead, and his
name struck from the army list, his vacancy tilled,
and his estate administered upon. Forty years
afterwards, Sir Charles Napier, then a septuage
narian, was the cliief of the British army in In
dia, in the most active, successful and glorious
campaign.