North Carolina Newspapers

'A, .V ' . ... i " ' ' ' . ' li. J. XI torn FOtt COVLUNOil. JONATHAN WORTH. OF RANDOLPH. . IX. Uooki's LrrraJLVfa publish to day aa able and a powerful letter from I). fUeora,q4bx repute letter from aa "einloBt jurist" supposed to be Judge atu$n The ,vut attainments of. Mr. Caoro M Jurist wilf command for his let ter general Perusal and universal respect Ilk argument seems' tons to be conclusive. It wgl yVcmemWrel thai the qlteation of tb power fit the Convention were discus ael.i4"kttae )cspth by u before tbe eloe tju fbd thai woarrived at tbe same eon conchuhna with Ifr. Moore, while we my lave dir red with bint allgnO a to tie ....... ... i IUtutzcatiov MMinro We learn from tbe Ashevffla Aewi that onserrauv pu meetings wiU, soon, be bold la tbe ' fjopnW of Buncombe and Henderson, for fie parpoaa of latifying Ua proeeediiiga of fbe National Uuioa Convention waicn as- aemtWat Jtiladelphia on tbe Utb of AnjnsVi Wbat ear tbe people of Bowaa and the adjoininc eonntleajto Liuch jneet- . fan.'kW01 tbe call tbem la pursuance of .the recommendation of tbe National uon eatiori pt not : , - - '''Tbe SXalatto Coavontioa." ' i.Tbla body: ha adjourned after an iubar wxmlou session -of several day. Borne itnne befara ther final adjournment, tbe del egates from tbe .border States withdrew (from tbe'UonTentiori. The ' point upan which tbe split took place wa negro suf 'frage, whkh waa strongly contended for by ' .delegate frott'tbr Gulf State. To ihht the delegate from the border Statea would not rabbit ' They aeem to hare Veen a Very decent aet of men, but they wer doubtless peady dWppobted. They expected to meet in Contention the true Union men of, tbe South each men as , -Hon. Robert Bidgewaj and Johnson Barbour, of Virginia, Hons. N. Boyden, B. P. Jaoore, B. P.Dick and Dr. L W. Jones, f North Carolinat: Got. Sharkey, of Mia- .Wpp Babdal Hont, of Louisiana; John Baxter, of Tennessee, and many others we ecnld name,. Instead of the high-toned vKAnLw-wbare mention who are governed by high and patriotic principle they met such a aet of wretches as Brownlow, Hamilton, Botts el id mmetfettutf who aeem to beatterly incapa ble of bemg governed by any higher eon- aiderationa than tbe basest feelings of ha tred and revenge. The true Union men of tbe South were not only not in this Coii- Lwenuon, out ,ney www uo repreocuicu . ' . . m '' 11 .1 11 " i jneiOiL. xney au lavor ue uoew ana umg 'nanlmoas policy of the President They vere representea tn tbe convention wnicb ;ttmbled at Philadelphia on the 14th of AnrusL The declaration of principles panada there is the one whieh governs tbem. Ts) tba People of Waka Oouity, asd . tliroufl them to tho reopl of . ; f-i ' , xrertlt Carolina. . A question of unspeakable Importance to thi people of North Carolina, as, indeed, it .amst b to au the Botunern ouues, nas . been recently raised by aa eminent jurist, , f tho Statei namely, whether the Conven- - thm, which waa called by President John- aoa through the Provisional Governor; of I the State, had any validity at all, and, if it hsd, what was the extent of its power: .viBy thwlurietlti tarwarndy mahitalned uai we convention waa mt Amtuw- tkm en bur lines of railroad for the members, - -. tlonal t It had too powers ; was an nnaa- who might desire ta attend, and he replied thorixed bodyi no more than a voluntary that he would. When about one month ffoDeetkm of so many meat a caucus' &e. afterwards, I visited the President, in com v " If this be true; the blonder of convening pany with other gentlemen from the State, , ' the late Convention, as a body possessed to see what line of policy was to be iur of aathoriry, ! truly serious and will likely sued to enable tho.Stato to reassume its po v t: frove to be immensely calamitous. luteal and civfl condition, I urged upon - The powers of the Convention are the him the propriety of allowing the members - wfowiMrblch wfllrest the quel- of the,LnrjBaturc to convene, because this tion, whether the prttent Governor i was the mode proscribed, by our Constitu- - ' Cotistltatiotial ofieerr alsowhether the tion, for calling a Convention. He unhes ' late Lfgialative body was competent to pass itatingly disapproved of it, saying there h ' laws, and, in like manner, whether any of was the mode prescribed, by our Constitu-"" t ji .1 & it r A.9 a. al 5J. ue acts jenormea ny tne appointees and tion, for c.t!l.ng a U.mvcition. lie nnhes-ragOTtSOfanyersonorbodyoVivingpow-iuUngly disJipprov.-d of it, saying there ( however remotelyj through this caucus," I ,oaaatitladta w tack -apea the legal status of the, Conven- iiovernor. and, U successful dethrones him jwjHt,a.msm.Nemffi a'w v. vviuuu- i Tte mMmje or. tfie jama eminent iurist I aavs. that if there had been no nmdunn i I T .I i the Constitution directing fat what manner nient, and the L -gislature should refuse to - Conventions might be ealled, still, the Con. conform to such terms as . may be deemed .vention was not a legitimate Convention' essential to suppress tlie rebellion and re the Convention was called, without the con- store the State t iU duty V I replied f?BtrffeNo,t,,Cro,iB'07tke that he need not fear h, that "there was, inseeMem oi, tne united States, and under turOMera ( an aet Jt clear -and : despotic 1 nawrpawon, wnicn eenia not give the body I -aaj antbertty bind the State or it bhahi- ;S tanU. If it be said, that the President er s w Satrap, ate ueveraof ef a etwvtee. did f .Taot call, or rather constitute the Conven- tioa, Vat the delegate vera elected by the people, and thereby the body wa duly oooathnted. I deny it directly and positive- - fri " Tko oelegate were not the choice, of tha feoele, for. in the proclamation for call- lays, the qwaiiririfirtns of the persons who l.u.-e Vol tiofi, j -i,m ii. ! I y t!.u tu t jHiitioii,- tTour filial. .lc J clilzciis. la numy CttKcs our i ckJ'1o were not rciietit'J, but were, in fact, mierepreBciitd. The acts of such a body cannot be sa'ui to be those of the people of the State. They are not en titled to obedience, and cannot, or at least ought not to be judicially recognised." Thus it appear to be the- decided opin ion of this jurist that the body, bad it been allcd by a Legislature, wu not legitimate because a portion of the rotors, qualified under the Constitution of the State, were not allowed to vote for members of the Con vention. Now, although, when the late Legislature was called Into existence by the Convention, some of the disqualifica tions were removed, yet other of these were retained, and several persous, perhaps one tat a hundred, but not more,, were not allowed to vote, . Whether those, tbusdu aualificd to vote for the Convention, er fur the General Assembly, were the bst por tion or the worst portion of qualified voters eaa bare nojreightm considering the quca itoBi wmrd wa liiwir introduced aa a ) to multiply tbe alia enormia. But, the arrumcnt. which rtn!e a void a Convention, because certain persons are not allowed to vote, will, for tbe same rea son, equally render void the General As sembly and, tn like manner, any election for Governor, it tbe persons thus excluded have the same Constitutional right to vote in each election. Now, it has happened since tne Convention sat, that J udges. ap pointed by the Convention and tbe Geuer- al Assembly, bare sentenced men to be bung, hanged I some of whom bave been execn ted, and others have been pardoned by the uovemor. Alany bave been tried foe ssui nor offences and been imprisoned aneVae verely punished, yet. of all the Judges ap- pouiiea Dy sucn autnonty, no one oi iiiein has questioned his right to a seat, or his proper power to administer the law. No lawyer has raieod the point for his client. The Sheriff,- deriving their authority through elections directed by the Conven tion, nave been gathering taxes from the citizens, and no Ha npden has yet been found to set the patriotic example of peace ful resistance even. The J ustices of the Peace, too. equally illegal officers, bave been imposing heayy burthens on an im poverished people, without a word of dis sent as to then: authority. They have, moreover, been engaged constantly in uuK ting respectable persons iujhc holy bands of wedlock, without a voice of warning be- ins raised by any querist in the State. In- like manner the authorities of alt the' other Statea, based on Conventions called by the President through Provisional Governors, have proceeded to organise their govern ments anew, and the -Conventions,' with precisely tho same powers as onr", have altered their constitutions in many iinuoi- tant particulars, not necessarily connected throw of tbe Uonfedcracy. It there be sot acknowledged force in the positions laid down by the writer, is it not a matter of profound' surprise, that no where else have they been raised before the people, or, if raised, that they have had no weight in the public consideration 1; But, fcllow-eitisens, I have not been romnted to defend the Convention from the charge of being either a mere caucus of irresponsible men, or (if not altogether such a body) of having transcended its legiti mate powers and usurped others never com. mittea to it, by displaying to yon the dread. fuj n8nencea which must follow the establishment of the charge. Ilaving been a member of it, 1 gave due considerations to the questions whether the Convention Was a legitimate body or not, and, if it were what powers it possessed 1 It is true, that I preferred, that, in raising our State gov ernment from its utter prostration caused by the, late war, we should pursue, as near i . .i' .ii.1 .v . t i, , i i I been accustomed, and was, therefore in fa- i j aa jnucueautc. uicioruw to woicuweuaa Ter of allowing the Legislatnre to assemble even under the military banner and pro- vide for calling a Convention in the mode prescribed. I so urged upon Gen. Sher- man, fat our first interview after his arrival at the scat of government, and I found him altogether disposed to the same course. I Mked him if he would furnish transnorta- Ik m 1 . ' . . tion on his-lines of railroad for the memhersJ was no Legwhiture, that it was electt4, lion against the United States aud gainst the Li nited Mates aud was not and allow them to convene for the mere ( oiuer uiijrciiHH, ue. iam ahouLl allow JL and thus mMniia'iUi. . . . . . .T i ;r nr ti.w,.i.i at this time, no one of that body, who might not be led back into the Union with a silken thread The , President, was, however, fixed far his purpose of ignoring the existence of any civil authority to" 'the Stale and be even' tnainulnl thai iU. had. been no lawful authority of any kind since the rebellion bad become open and aagrant I did not concur with him hi. all he said ; but I mention this to show how great, fat hie opinion waa the neeeesity for a thorough fundamental orixatioa of the gorenimentafidhow ampmandunrestrain- t- 1 ... 1 -H T Ull.l IS') i'.. .t ll.O l ' s rtvolutiunartf fi.f . tl--riceJtU ; .'v j Vie Mate vf Svrth Curvluui qf utt tii d g erntufni," thut "it IxTuma tirce. ' unj protxr to carry out and enforce tue . ya- t 'ton of the United Statei to thJ pee; V qf Xortk Carolina in securing them w tU en. joyment tf a. rtpHllica form of govrm. Therefore, "as Preaidenrof the Uuitcd States and Commauder-in-Chicf of the 'ar my and navy of the United States, he ap- G tinted "William W. Jloldcn "proviBiohnl ovcrnor of the Bute of North Carolina, whose duty It sltall be, at the ctulieat prae ticable period,' to prescrih such rub" aud regulatibna as way be neccsiwy and proper for convening a Convention." composed of AptmteM to bo chosen by tliat . bortion of the people of Bai(b5ttte ho loJ'1 M Utt ho are loyal toil nd bo otlirrjj for ihf jj uid amendiug the Cen-I f with authority to'exl its Of said Sttitc", I th" i'i TTnitivl Mates, and no othrm for purpose of altering an sntuuon tuereor, ana: he within tho limits 1 bic-.uu. i CarolJ. f loyal people of 4he. Mto of North L mm ireccssarv aau prontT vi k na to restore said State to its constitution al relations to tho Federal coreninieut as will entitle the State to tho ruafuntee i( the Uuitcd States therefor, aud its pyph' to protection by tho United States ajaiust Invasion, insurrection aud domestfc vio lence : Provided, That, in any elceiion that may be hen-after held for t-hooafttg dt li gates to any Stnte Convention as afore said, no petton' slmll be qn:iiified as au elector, or shall bo tligil.li! as a member of such Convention, unions he shall huveprt;- viously taken and subscrilxHi to the oatu of amnesty as sot forth in thel'miid'itt' proclamation of May '29th, 165, and is voter qnalifiid as prescribed by the Consti tution aud laws of the Cute of North Car olina in force immediately before the inli day of January, 1861, the date of the so called ordinance of secession; and ssid Convention when convened, or the Legis lature that may be thereafter asst-mblt-d, will prescribe the qualifications of electors and, tho eligibility of persons to hold ofBce under tbe Constitution and laws of tne Stote-Hi power the people of the several States composing the 1 ederal Union have rightfully exercised from the origin of the government to the present time," In pursuance of the powers granted a Convention was called, and tbe qualifica tions of those allowed to vote were sug gested by the provisional Governor, and submitted to and approved by the Presi dent. All were allowed to vote who were loyal and would then take the oath requir ed bythe President, except such as might Call within some one of the exceptions: It waa required of tbem, that they should be pardoned before voting. TheannilCpf vote east is not Known, ouyx 6f Wake the vote exceeded . i tr few could bave bee. tioners for pa" 2000, and tr doncd befor I do not Lw enough that the truth of history shoi vindicated. - .. f The : Convention was the PresideiBs work: and not Gov. Hojden s. And It i-- ..r i it. j .i... it:. il. l faltr called.- the Convention was vestal with the amplest powers to alter and ametM the whole State Constitution in every piAj There is not la either proclamation, thai at the President, or that of the rrovisu aaJ Governor, one word of dictation or spec: direction of duty. So far as the proclai tions speak, the Convention was a free alter or amend: and to form and present a Constitution of its own choice, as the Con vention of any other State in the Union, North or South. Indeed, so far-from car rying' the aspect' of dictation, it is express ly provided, that the amendments shall be submitted to the people. ' Every Sute is bound to present sues " republican form of State Governmeni will entitle the State to the guarantee the United States therefor, and its peoj to protection, by the United states agau Invasion, insurrection and domestic tkv Icnce. ' This was all that was required of the Convention : but what should const!- tutepariMtars of this iepubliean form, urns left to the Uonvention, with liberty to al ter and amend the existing one, aS in ticir judgement might seem best.- If the Con' vention had been tailed by tbe General Assembly, unde'r the same terms of hover. and it had presented tbe Constitution lite ly rejected, there would haVe been nev4 a; word ofabjectiou urged against it, for fear- inr usurped powers j nor ureed aerninsitho legislation exercised by it, certainlyr not by those, tcno irere oj the UonventtoH f May 1861. r 'r although it was well un derstood, that the only nml exclusive ob jects of calling that t'on vention were those which concerned our li.-deral rt-IaOons, vet Hi. lntrTaf ntjwl An fllmiMl firvrv ituMiin. t "v vp-i" - " . . a ui Uw.mating.fninlMinfntal and tenimiragg I w -t . .11 iMfM' 4ka . 1.' in II .pi Vl ll t f t n mlr.A 1 ..... . ... . uimiij . erar Unimt, to the repeal of an ct of tht the J bijrislatnTB which, but a few ramiths before T sa... .. -. r. .i;:.-... n..i'.!-t---.,-f.i-., -i.i to. hadwejrdjli competciicy ot Indian ter- fmoeyV''. A wa u.2kefvaiit- f straiut of Constitutional amendment, which had never been discussed, uor even thotirht of, in the canvass winch preceded its as sembling. Indeed, there waa no canvass. Thirteen days only were allowed from the call of the Gou vention to the election of its members. Yet, so soon aa it bad eonren ed and resolved to secede 'and .provided means to uphold the impending war, it act itself to work on Constitutional reform. To enfranchise the Jew. ? To change the rule Tor demanding the yea and nay. Te pro tect the awner of slaves from esceatlr taxation. Provisions for 4beee purpose were engrafted In' tie Constitution, aud others equally unconnected with the - poli tical change, were oa their way to U. jThey, with a book of ordinary legislation, wer ute worn oc ante innsxs f of men II.IL, L.Hi.- llli'l', in ii Cou t iei i l otily ta tuut uu lno solution. -Having shown that the Convention bus exercised no power, which was forbidden to it either by the words of the Proclama tion or the example of the Convention of 1861, which, cheerfully admit, had in it some of the 44 best portion " of the people, it remains sow only to establish the tight of the President to call it. Practically, the doctrines taught by the Jurist, to whom I have referred, have de prived the State of all Its officer, .except those who were eppoiutcd H'duriug good behaviors" and tho last official oath, which wu administered to these officer, by a pro per person, waa " to support tho Cetwtitu itnn ol tl Com federate States.' These doctrincr, too, bondithm for 1 day of Angusl members of t rfassed away doctrincr, too, leave tho State In a helpless tonuitioM tor tne imuro. - Jtuo um m - st, 1866 tbe tun for electing tbe General Assembly bas r,ii tvnr i and die time nxea nv mo Lnlf law, LkU this jurist acknowledge?, will be on the first ..Thursday of AiiguM 1868. . So there can be no lawiui iegisia lure till afu-r that day. 1 here can be no Governor either, for the same reason, unless ' . . aw a it bo Gov. V ance, and be stands dispucea by the military arm, and is under parole. The election for a Governor and a General Assembly, in October next, will be a wretched farce, and the electors assembled on that day a inoro " caucus " Of the same cliarncters likt wise will be the per sons elected tut nibiiB u hen they shall as semble for 1-srW-droM.- Vt? G.tveifir.r also f will Iw a rut re usurper of. the lxecutive choir.' t Kquftlly1 nfoni.d -d is the opinion that the Convention was called for specified purposes. It-has been asserted by some, that it was called for three purposes only, vis : 1, to rescind the ordinance of seces sion. ' 2. to abolish slavery. 3, to irepu- dwte tho war debt. 1 have said, that neither of the procla mations dictated any specific work lor the Convention. 1 be oath, However, reqnireu of the electors and membttrs may, pel bap, be considered to some extent, as instruc tions, that they were to support the Con stitution of tbe United States, and abolish slavery. As to the-war debt, there was "no n-fefence to it in any writing or opinion of the President uutil many day alter tne Convention was assembled. His injunc tion npoirhht subject thenamnhtelfe gram in response to an inquiry by the Pro visional uovemor. lp to mat nour nis wishes upon tho matter were wholly un known. But bad the Convention stopped, after doing these three1 things, there could liave Ijieeu no Governor, other than a provisional l T 1 . l. ..... .1... no' Legislature whatever, as the did not recoiriiize the existence """"Min Ausrust. 1864. Ko power support the insaue and frive-a judiciary. It is use yAf ever, to pursue further this aspect r then forlorn condition. v The fundamental error of the learned ju rist, whom I have .quoted, when he denoun ced the call of a Convention by tho Presi dent " an act of dear and despotic usurpa tion," consists in bis wholly ignoring the admitted laws of war. Had there been no conflict of arms, between the United Sfates and North Carolina, the act would proper ly be denounced in the strong language used, and the President s Convention had indeed been a mere "caucus." 13 ut fur otherwise has been the state of things. Xforth Carolina, all admit, previous to the wferi was an integral part ot the Uni ted. States. On that day the State , threw. off its allegiance and armed itself to main tain its independence. In tbe Convention wbich undertook to inaugurate this new political status for the State, there were two parties. One who held the richt to abandon the Union at pleasure, the other who denied this right. 1 he former were determined on their course of maintaining the cause of separation ; the latter seeing tbe fury of the hour, feared -the introdue tion of a deadly civil War around our fire sides, if they should stand up in defense of the national authority, aud persuaded themselves . that the State would suffer less by uniting in a common attempt at sepa ration, and, therefore, they consented to rebel against that authority, Uoth par ties United as separatists. .'Many of the latter party still clung to the hope, hat some fortunate event would turn up, which uncut reunite the dismembered pares. i he l nited states, actiue upon tbe two fold principle, proclaimed from the found- t on of die government, that the Union Was indissoluble at the pleasure of a mi nority of the states, and that the Integrity of the Union was essential to the safety of cacn ana every mate, levied armies to re- siOt-c the national authority and enforce obedience to its law.,. From the 20 th of Hay to the final sur- i.ii i.. renuer, me otate oi isortu Uarolma. in all i - r r ... . n nr. ,.m-nA MAa.a.dHA . A . I. T T . -. 1 o . I vigmcu icuiauco iu .ill wpibea OlM I n. Legislature were employed in bringing to the aid of the war it entires resourees of Hiou wu uiuucY, uiu i ue juuiciary concur- I .u I l: e !. - z... 'St ... n an fi'gauiy- vf. ua senfSeK JtOtlHBg waa ten uuuone; wnicn could be done, to disrupt the common government and anni hilate Its authority. During a period of four years these gigantic energies .'.were displayed. At length, however, the State was mied with the mighty and victorious armies of the Union. Resistance was no longer practicable ; and the arm of State opposition unwillingly leu, nerveless and paralyaed. The President was command er in chief of the victorious forces. It had been his duty to carry on the war and he had achieved the victory at an expense of tore nundred thousand lives, and three billions of money. By all the law of war it was his duty to secure the results of the conflict. Te th i end, for a while, nuurtial law. waa spread over the whole" State and tbe people were without any civil govern- iui , uk uws ui iiuim varomut, in an i learned Kent, vol. In it Hthrtmnti r..lit;.l ;i .. iJuipi.. 1 r : . llm v r tn. I l-' '.'' ' ' th ptupl.-, -was it Lis vl , 1 iif ii, t at, 5 to power the Govern- r and V" i ,r m hrt liiil Leva prirMii:' ana L i" i r availabla means, wiilnu tin-rren U oppoe Ue very thing which hq had ju.t1aVeomplh.Wf Was It hi. duty to nlyonnny fumfo promises of loyalty, which they vlght n,? f Unuers were dispUyed bVore tht 1 t .11. wwtail lAta whltU tUfi BUM. 10 this coadhion, could occupy,. W that ot a foreign nation, which, being i not the will of the conqueror that it shall resume its Independance without "fficien guaranteesofpe.ee. He baa the rightful Jower to Prey id the tucanea of paring !u fnuncuUMuce, and he U the sole jadgo of the necessary means. So the Presuleut UIng charged with the duty of suppress ing the rebUJion, insnrrrction ana uouic tio violence, wu the sole judge, after these won. onloted in the presence of a mighty army, of the best civil means for securing that tranquility. ' H he" had deemed it pru dent to keep up numui law, no "uiu have done it without question, as' far as the mere right of power was concerned, because; necessarily, he was the sole jndge of the expediency. Msy he not nse the mil.ler means for the same end, by instal- liiis'. for a time, a civil authority of his own selection I It would extraordinary, indeed if the President were invested with the nower to use miirhty armies and fight Lloodv battles to suppress the rebellion of a StatrtTid yet not user mihjrr..jrtti,n-o sec ure the object m vww. vt hen maru u law exists civil law is supeTsodid. Tbe conqueror may allow just so' much of - the ciyjlaa he may please. He may extend h over the whole of the conquered land or may confine it within bounds. If be puts llm entire rteonle'uudcr it. it " is ireeumed that the security of tbe objocU of the war renders it necessary. If he limits tbe area of its operation, it is presumed to be done because the security of those objects will not be endangered thereby. He may extend martial law over the people in cer tain particulars and allow the civil law to operate in all matters else. In a word, he m ty use such means, either of war or peace, and it is bis duty to do so, which Lest attain, and most effectually secure, the purpose in view. If the continuance in power of those who have fought him in hiajudgmcnLdttiige never expect, at them. If the instuilatioirof-others in tlieirtthe first moment wTrehbeTfORfot battle place would avoid the danger, he may in stall them. . It is true, that when he proposes to se cure the cuds of the war by re-establishing civil authority, it will ever be wise in him to adhere as closely, as with safety he may, to the usages of the people. But it is a matter of discretion with him to allow or refuse them. . If he proposes the terms on which, alone the functions of the civil law may be resumed, nud they are refused he may still continue the martial law un til they are accepted ; and if these terms be accepted, . they mnet be embraced in good faith and punctually fulfilled. If af ter accepting them, they are rejected or carelessly complied with, he may restore the martial law iu its full vigor. ' . T " When the President said he was nnwiU ling to trust a Governor and Legislature, who had urged a Uoodjrllx for four years, to inaugurate; a new civil admidistration o' affairs, he announced what hehad the right to say. When he proposcdfd" allow loyal citizens only to inaugurate civil gov ernment he did not exceed the lawful pow er of a commander-in-chief, who had w on' his power on the battle field. Tf, to this hour- the-people -of the State4 of North T!irt-i1ina liutl rsrtiafr1 tn nt1 a Otvi vrnrvrti a vmim iiw v.aawwu w v va v aa a, v m a lat the suggestion of the President, be would clearly have been authorized to sup press all civil government and continue in full force the martial .law. Can this be questioned'! If the gubernatorial and legislative terms both had expired, by their own limitation, wlnlo tbe martial law was hi full vigor nuder the commander-in-chief, might he not have ealled a Convention 'of the people; or provided rules for the elec tion of a Governor and Legislature f ' If the supremo power, in a State, which is suddenly, bereft of its established organs, can substitute others for re-inaugurating civil government, cannot the Commanner in-chief, who is, himself, the supreme pow power, may he not, for the- purpose of civil government, appoint a Governor, with the power to renew and start alroeh the dislocated machinery of civil government t If he cannot, it is . certain that he is not bound to withdraw that law in order to witness proceedings, had for that purpose, under other counsel than his own. That such are the unquestirned laws of war is admitted by every writer on the laws of nations. .1 need not cite authori ties to suatain my views. The w hole of them is grouped in two sentences by the learucd Kent, vol. 1 p 96, who p B6, wbo says am ewtm w wriyw . ... fgoHby--fei-j. the justice which cannot otherwise be at T&inedJaiid tES'IawTWTKt means requisite to the end. The persons tacked and captured, or destroyed, when Beeewary" to - preettre- se paraiioa er see ritv" , ? If these laws of war do not apply to the Statea, it must be because of tha peculiar fabric of tbe t ederal government. Al though, from its foundations, it has been maintained by many able statesmen, that each 'tate had a right -to withdraw, from the Union at pleasure, yet it is very cer tain, that the government has never for one moment, been administered upon that theory of its construction : but upon '' the theory, that the Federal rovernment was supreme iu the powers granted to its and if any question might arise whether a pow er claimed bad been rranted, its ultimate decision waa to be settled by Federal authority- Whenever, therefore, before the late conflict, any portion of th people rose in arm agrinst the authority of Jthe gov-J Kir VI Dt tin ai iu.i iiad it Us Lave been a-d precisely bJ a lucre portion of the 4 , . !,, of the I nited Suites, without refer-" ,v to their State organiaation. It has iu J ami exercised the right to suppress ,i : ciHiilluHtioiis, great and small, agaiust lii authority.. It claims the same power' to n !-.-h a r hellion in a State, a one m a1 territory. And if, hi truth, it may iguofa' and disregard a State organisation, when tbe Sute shJl attemptto shelter the peo- pie in their rcbelHopfH ma use the same power over them to suppress the force and secure loyalty, a if ihey had no such shelter. The end of the war is to. eompcl obedience, and tbf gevernmcnt must have the same powers ,to efiect this over tha whole people of a .State, as aver one bun-. dredotJts eithten. v j In every civil war, no matter what may be the form of its government,' when' tho rebellion shall be suppressed, it becomea the government, after ully securing Us peace aud tranquility, to- restore . the peo ple who'uiay be pStrdoned, as speedily possible, to all their former rights, unlet it shall be deemed necessary, for future se nriiy, to ibriJgt some of tbem A con solidated and unlimited government may do this; but as there is no power in our form of government to annihilate a State, there is no auihoritp, known to the Con-, slitution, to alter or diminish any right which stands guaranteed to a State. The only power, wbich may incidentally do th m rhMhl W hkh -en iorees n the govern ment the solemn constitutional duty to pre serve the States as an integral part of the Uuiou. If in doing this collisions arise, and the lawt of peace are too feeble to ef fect the object, tne law of war' must be, invoked to accomplish it. In a word, llie rebelliou must be iuppressed by aims, obe dience compelled, i nd tranquility restored, by such means as shall pe most effectual to preserve the integrity of the Govern ment. ' . Political aud moral storms no more sub side, at once, into a calm,than do those, of nature. 1 he surging passious which have been raised duriug a civil war of four years will become tranquil atno man's bidding, and those whose task it is to suppress a civil war, heated by three hundred fields of blood and carnage, and the fate "of whose' arms 'has been to cpreead desolation iu the shall cease, to find tbe subdued heart or the cordiul hand for peace and fraternity. The conaneTor wbo knows this must regu late his policy by the condition of the peo- 1le. If he have the kindest of natures limself, and be ever so much disposed to proclaim pardon to all, still h" jnwt watch tbe wave of discontent, to see .whether it is really sinking into rest, or restrained only b the cheek of triumphant anna. It kTdoubtless hasVue policy 16 "remove, as fast as possible, from before the eyes of .i i ii of ? JI: 1 - e tne people, an onensiye uirpia-j e vt iuo conanerine hand, and substitute, in their stead, the confidence of returning friend ship. - Distrust begets distrust, and, so long as it shail lnaniiest itself, the door to a cordial fraternity will remain" closed. Aud while I admit that martial law may be absolutely necessary to suppress a rebel lion, and as a matter of course, that those. who may be entrusted to suppress it, must be at all times, unWs there be a universal .... civil controlling power, the sole judge to what extent it shall rte nushed. and how long it shall last, yet I know of no instru ment of war, which is so hostile to the res toration of speedy and firm peace, as the exercise of that despotic authority over a r people accustomed to the blessings of civil libarty, as used by the citizens of every ' State in the Union from its earliest exis tence. Nothing more frets, nay enrages, a people accustomed to be' tried by courts and juries, sworn to administer tbe law they have made themselves, than to be brought under guard, jeyen in civil matters, before a tribunal, which disregards the known lew. under which the complaint is made, and substitutes, in its place, another unkuoWn to the people, harsh and despot ic It, therefore, will be ever the policy of any wise conqueror , to restore to the vanquished, as early as possible, their civ il institutions and remove,from their midst, -so soon as practicable, the sources of mar tial annoyance, . If this be a true line of policy as to conquests, generally, how much more so must it be, as to a State, or a portion of a common country, which, un der excitement for a while, may have for gotten its higher duties and plunged into civil war t t Bat whether the policy pursued be the wise or the unwise one, the people, when they are restored by gradual steps to their former condition, muct always each step prescribed by the supreme power and by them accepted and used, as lawful; Hav ing reached the summit by this means, it ww ot do ttf-uadenamo any step - in the assent lest, they fall again amid a chaos ofruins. ITus order to protect aJtsd1uvely"ec?slary W 321 their own agenta during and, indeed, to protect the acta .of society in all, its lender and delicate relation from nng re guru ca as ine uoing oi a liceuoiuun bblel A contrary doctrine snaps the continuity of government, and create an interregnum, duriug which there was no law among the peophv - ., I am, very respectfully, yours, - - j B.F.MOORE. I ask the favor o(t the Standard and Progress o publish the' above, if it may be convenient to them, as a public essay. .tf. 1. JJ. Cottojt Specttatioks Drxrso th Wa --The Herald ay that durinr the war cotton speculation and operations on a grand scale and of a suspicious character were carried on, and call for a full inves tigation and expositioa an likely to be in f r a teresting and useful. . V