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KW SAHIBS.
SALISBURY, N. C, OCTOBER 16, 1868.
VOL. I, AO. 41
, r t ATM WNWIWWWWW- 43
TiliMUM m anvanc...
WATCHMAN OLD HOBTH 8TATK
TBI WKtKT.T 0lO NORTH
STATE.
.:3
hum
RALLY JH SALISBURY I
4,000 People Present ! !
OKA NO VKOOBM1UN :
ISmrwkei Hn. Mm Qui
end Our. Vancr.
THE BARBECUE!
Grand Torch-Light Pro
cession at Nigffl !
Brilliant Displar ol
Fire Works!
Lwfc by kF. Armld,P
rwm ej '--" tVss
Fir
Ail - '
Thursday, lb ' day of October
Lru a day King t be retnetnbered by
the leiotsrntn nud Grose rr at ivee of
. ! t
owan una rue adjoining w
Early in the suoreiug the yeo
laanry of ihe country begaii to antra
Ltd by eleven o'clock a at muhi-
ude had assembled. van-iy tt
Inated at from three to five thons
Ld. The owning wa threatening.
slight shower of rain falling eu.Mii
an Hse. but at the day advanced it
;redally cleared away end we were
nelly blessed with a ta ut delight
ul afternoon.
At eleven o'clock the piueaanina
rat faceted at the .tHc enneru nnv
ler ibe directlona of Dr. J. Vf Halt,
TfcW' Mmd.all a rlt-.J lv a number
p competent aitani. The pro
Lesion being formed it moved
iirongli Main erroet, preceded by the
ialisbnry Brat Hand and the invited
;ueit in anitabie enveynnee, to tlie
iaad. which bee ei acted in the
n tifal Grove at the Hospital
rround nearly opposite the reel
lence of Maj. Archibald Henderson
While the assembled thousand were
wnposing themselves and the ladies
rere being eondneted to the moat el
rllde seats, the band played a niira.
Lr of popular and patriotic aire.
At twelre o'clock. M , after all hadi
Mea sealed and composed, Dr Hail
wise who beliered that it was tbeir
intention to reestablish the iaatitatieo
of slavery should they again acq aire
political power in theee Stales.
He wished ell theee questi .n satis
factorily answered by the repreeeuta
lite men of the South. He wished to
mm ii to the North with a ooeitlve
eotjf radtction of the various false char-'
.ataurJifili.Wn.
to the prejudice of the Southern peo
ple. Uo wanted to tell them when
he returned what he bad eeen and
NHirdfiwWf BWr 11 people dnring hit rls
it among us so that they might bo
convinced. Seeing himself surround
ed by a number of the representative
men ef ibe State he wihed to pro-
pound Jo i hem a few important in
lermgatorbia. He would ask ihem
whether the people of North Cro
line wore leMlious or whether they
bad detfrniined to submit in good
faith to rtte result of the ww aad
linked to a eotutnon govmment with
tlie peeate-eC the North tor -i heir -fa 4 would restores slavery if ho pososaed
tor- government and protection
whether they regarded the questions
of seoession and slavery as having
Wm. been settled by the war and as bav
ing become obsolete issues whether
bona fid Northern settlers w nld be
well received ana kindly treated In
the event of their Immigration loth
8tale whether the. wpa willing to
accord the colored people all their
That Convention bad adopted an
amendment to oar old State Oooetitu
tion abolishing slavery, and that
amendment had been ratified by the
leAtis vefers of the Stale with singu
lar unanimity. The legislature s
sequent ly elected under the auspice
of that Convention had ratified the
amendment to tha Constitution of the
forever abuJiehiug
slavery in all the States and prevent
ing its restoration by any of the
States. This they did a perfect good
faith, and if there wax a man in
North Carolina who would restore
slavery if he could he did not know it.
For bis own part Gov. Vance said
that If be could restore the Inttitat
tion by turning over his hand he
would not do so, great applause and
he believed that he spoke the unani
mous sense of the vast audience
which he then beheld before him. Ia
nut this so, said he. is there a single
nan In all this largo assemblage who
the power. This question waa an
ewered by n loud and universal no
from the audience. But the Gover
nor said be wished a more decisive
teat. lie, therefore, called upon all
who would oppose the restoration of
slavery, could it be done, to raise np
their right hands, ladiea and ail.
Simultaneously airoos every person
in the vast assemblage, ladies as well
rights and protect them in the eier 1 s gentlemen, 'aised their right hands.
cis of the same as fullv as the white He then called upon all who would
people were protected in theirs' restore slavery if they could to hold
wished Ihem to have a fair chance to ; Ibeir right hands when not a hand
live mid prosper in the enjoyment of was raised. Many years ago, he said.
their rights -did not consider suN JU'lge Uaaton, and other great and
frago a right, but only a priqiUge. g I men in the State, had been in
Having propounded these intenlgato- favor of gradually emancipating the
ries he took his seat to await there slaves, and but for ihe abolition agi
plies. '-,,.., j tation at the North and, perhapsan-
Oou B. U. Cuwab of Wilmington, other circumstance ihe people of
was then introduced and proceeded North Carol ina would have emanci-
to answer tlie ritestioiis which had pated their slaves long ago
been propounded by the very di-tiu
guinhed genilemeii fiom IfaSSachus
ettl who he was rt-j.'uv.i to see among
ua. Ilia people of North Carolina,
he said, submitted in good aith to
the result of the war. They regard
ed the question of slavery and so
cession, and s did the New York
platform, as having been settled for
all time by the war, and for thjfiT'
ture they wished to live in peace un
dor the CmstitMion and luwx ot the
United Slates with the mme. right
and privilege enjoyed by Ms pptt
of the Xorth. m States. They could
not restore slavery if they would and
would net' if tkey amid. This, be
tell su re, was the universal sen limeni
of the people of this State. All bona
The Cuvention of 1865 had also
repudiated tlie doctrine of secession
declaied that the Secession Ordinance
of May the 80th 1861 was null and
void aud that the State had never, in
legal and Constitutional eon'empla
ton, been-out of tlie Union. Tiiis
Gov. Vance believed to
ook the stand aod made a raw Wief! u,,. frum the Northern States,
md appropriate remarfta, announcing
amine of proceedings. Ho
nded by introducing Hex. John
Ictxut Aoam of Boston, Mass., the
rertfay representative of one of the
nost illustrious houses in American
isfory. '
Mr. Adam arose amidst the loud
laudils of the multitude and cmi
ieaeed his remarks by saungihut
e was on his way to fjdnmbia,
onth Carolina, in response to an in
itation esfeuled to him by Gen.
fade Hampton and others, to visit
or from any other country, would be
kindly received and h eerily welcom.
ed here. We wished ; hem to come with
their capital, their -kill and ijieir in
dustry to assist us in the development
of onr resouises and in the recon
Strueliotrof our ruined fortunes. The
onlv class of Northern men to whom
weol.jeeied.and asa nst whom we had
any prejudices, wa that class of un
principled adventurer familiarly
known as "Carpet Baggers," who
come here not a settlors but fair : 'ihe
imrte of holding the otHee of our
hat place when be was etopped by 8trte government by
Inj rebels wd detained to addresa; TOfM ltf &Mt!OH,
means ef the
,i9rm trlkiim IllfiV (It-
no ilaftmbted. After ,,
into voting for
preaipg hie great giatificatmft at tew by ilaebd snddu
peetiag so many of hie folhiw ciii : phofty; - -
as of North Carolina he read the As to the colored people he said that,
mer of Gen. Hampton and others w were willing tolecure them in all
siting him to Columbia. He then ihajr civil rigbule the same extern
roeeeded to sar that the great body that t her were saalrd to the while
r ihe Norllierii people were kindly people, and the!
sposed , towards tile people or the confer upon
utb but that they were distrustful ege as i
them. The Nortliern' pwtple, he ing
l win iwnnrniM pari K" uiion
t
were
1 the real condiiiou of thing down
Tin
thej
Iwigning V,,rk (
o news-
ien
hit seat
that
.rebel-
j.g t..
lal
the delegates to
by tlie voters no
tation of tie State
of the State.
be the true
docti me and it waa the one now ac
cepted by eveiy man lu North Cars
olina outside of the Radical party.
Ihe right of (he negro to vote, be
aid, was not involved in this contest
nothing hut the right of the State
to regulate the question of suffrage
for itself-a right wh eh i conceded
to States by the Constitution but
which is denied to the Southern
States by the Radical Platform thia
wm, the issue.
On the subject of immigration be
said it was notoriorrs that many coun
ties of this State had passed reaofnV
lions inviting immigrants to the State
from the North; Rowan County had
organised an immigration society and
memorialised the legislature on the
subject; such was still the wish of the
people of the Slate, tney wished
the liooest and. industrious pcoplu of
the North to oome here und buy our
lands and settle among us all who
intended to become permanent citi
zens, no matter. hat their polities
might be, would be kindly received.
He. and the people of North Caro
line, only objected to the Carpet Bag
gers who came to hold the offices at
high salaries through the instrumen
tality or the negro vote and who
would leave when they could hold
the offices no longer. It was that
class of men who stirred up strife be
races without them they
together in harmony.
ace here took hie seat when
W resumed . He said he had been
satisfactorily answered had no
the theory of human rights bad
exte nded as far a it has in Noith
isV.net know before that iho
omen ever voted, bat wee glad they
had if the women are uaatiiaeas against
Ik restoration of slavery there could be
uo doubt about the men.
He repeated that alt the questions
which be had propounded had been fully
and satlslsetority aosweredhad leg
been satisfied thst the Southern people
were being grossly slandered. He id
that he had been sgsinst the Sooth hi the
war was fcr the areservatfea ef the
Union by fbrfe when forti became ueces-
ssry bad served en the staff of Gov. An
drew bad been a Rspablisan bet left
the Keaebliean party wbea It refused to
carry eat its solemn pledges when it re
fused to rosier the people ef Ike South
ern Stales a all their rights after they
bad laid down their anna and accepted
the result ef the War in good faith. He
wanted all to costs together aud shake
bands and live in peace an 1 friendship for
tke ftnore. (Tremeudou apptsoM dur
ing which some ons shouted hurrah for
Seymour aad Blair. Upon thst, said
Mr. Adam, I aas with yon for Seymour
and Blair, and am an det and out Demo
crat because ibe Democratic party wants
the people ef the States to go vera them
selves hi the sssrelse of all the rights re
served to them in the federal Constitution
said that old John Qaiucy Adsjn once
defined a republican government to hint
as a government by the people, for4 the
people, and such was his opinion now.
He asked whether the carpet-baggers
who bad been seat to Congees from this
State were representative men, to which
there was a long and load response of
No, No What, said be, It they wnt to
have more gun brought Sooth for t Do
one part of your people want to shoot the
other part if not, what era they wanted
for. He spoke of saffrsge in Hsssacha
setts said the negro could not vote there
unless be could read and write, bat here
suffrage hsd been conferred upon them all
by Congress because it wsa believed thst
the Southern white people would enslave
(hem if they hsd a chance called for an
other vote which was unanimous against
say attempt to restore slavery gave it
ap and called for three cheer for Seymour
and Blair which were given with a wilt
He said that the election of Seymour and
Blair weald net be ear salvation chat
the Radicals hsd control of the Senate and
would have for sis years at least said the
Southern people must be patient deraan
them. We beard Mr. Adams remark that
this wsa the first barbecue be hsd
attended ia hi. life, aad that be
ia being able to witness such demonstra
tion aod enjoy aueh a repast. We de not
think that sny one present enjoyed it more
tbsn this grand son ot one President and
rrest frraod son of another.
At seven o'clock, P.M., a Grand Torch
Light Procession was formed on Innias
street, beyond the Railroad Bridge, whtrlt.
amid a brilliant display of tiro work
Insrehed through the principal streets of
I. ... a. . . " ' . a
tlie city, being addressed at varum point
in its progress by different distinguished
gentlemen. When the procession reach
ed toe public square H baited and wss ad
diesserl by Ol. fi ArasOela, ef WiV
kesboro, in a brief but abla speech Which
elicited much applause. It then moved
around to the Boyden House where h
wu addressed by P. P. Duffy, Ksa., of
Urssnseore, in an animated speech which
wss well received and frequently applau
ded. The procession ogam moved up to
the public ROsiare where brief bat eloqaeut
speeches were utade by Cel. Cowan,
t rancis E. Shober, Esq., Msj. Bobbins
and others. Here the meeting finally dis
placed after having witnessed anoitrei
splendid display ef ire-works.
The meeting was one of the most bar-
d
agggggg 1 J
table-then New York is reconstructed as
before stated end the newly elected Sena
tors are admitted, to seats. Has New
York 6o constitutional remedy for sach a
palpable and gross violstion of her consti
tutional rights t By this logic the hops
outrageous and flagrant the violation of
the constitution, the more effectually is it
screened from the jadicisl condemnation I
That If Congress (tops short of complete
iVtMsMPty tinsel OIM FVtV ttlt Mrev4sblr stb eT
rested by the judicial sentence ; but if it
wssrswwsrw ssra ciaissinsi 01 wt y ssf-
eoarse of tyranny and usurpation, me
more they trraniso the more they usurp,
the more osvtaloiy are their acta, seraeaad
from judicial scrutiny ! Such is lbs u
duetto of abeurdum from your argument.
Iou base your whole argument upon
the authority of Luther rs. Borden, 7,
How 1, aad its application to the matter In
hand, its authority none can deny its
plstion the PEOPLE could not have form
ed these governments then as ae gov
ernment could have bean forassd in Taw,
none bav been formed by lbs PEOPLE
m fact ; this is a presumption juris tt eh
jurV the PEOPLE could have fa
no tnvsyisMStil In law. a minority cat
form ens la fast lhaa as the court saw
see that ae government could be
In law, they eaaneC without in
proof, 1 e., swmethtng morn than the ad
mission ef Senators, etc., see that any
have bee! ftrel Tfc figt, and as What
doei not appear cannot exist, the CO art
must say that In legal intendment there
was no government which could form the
subject matter of recognition. Ia seder
that Ibe ease of Lather rs. Borden seer
apply, there must no-exist these circum
stances : l. a government ae one at
the PEOPLE. 2. That such covero.
tty none can eeuy II . ment should hay. been, in law and faet.
spplieatiou, 1 do. Ing before that ease recognised by the political department of
had been decided it had been repeatedly , the government, if therefore there is no
held by the Supreme Court, that the re- government, sud in legal intendment
eswuhion of foreign States was
to be settled by las political department
of the Government. GeUton rs. Hoyt, 3.
Wheat, 240. United States vs. Palmer,
3, Wheat. 610. The Santissuna Trini
dad and the St. Andrea, 7, Whrwi,4iwb:
Tbe ease of Luther rs. Borden arose
out of the Rhode Island difficulties ; those
nsanssMsi and Athf lftuss.uaris mm vr evil.
need. The uiin.t good order prevail- dMealties areas between different parties
ed from iwrHnnin- tr. ..d Not s sins-Is, ol the veeeM of that State ahd the qearrel
incident of any kind occurred to mr o, I WM V. domestic; no department of
disturb the pleasure of-the occasion. government bad aay laterest
The vat assemblage listened to the pea fholding one party to the quarrel
kers, both at the stand and at night, with than the other, bat stood neolral,
the closest attention. Among those who nd e ff them wa therefore a fit urn
attended and paid close attention we P"re to decide. Chief JusUce Taney do
about three hundred of our colored fel- '""nng the opinion puts the decision up
low citizens. The number of these would en three gronnds t -hive
been much greater but for the fact . 1 The general rale that the recogni
that the radical leader hereabout had " f gortmment belongs to the polit-
eotten uo a meet n a few mile from ur
Insn l.ir flis nnnuu. cti jtrasvi.is. rl.ftn nT
ur .., ' ,i:.,i.t ,i,, :'t Island had determined the question in
was a verv small affair, and did not alto- 0,ved n,! iiM decision was binding on
I... i.. .i.. j; i .ew I toe u . i . uouru.
KIUIO HMW HI.' U1DMI U tUni. I ' . , , ,
We cannot close this account of the " H"-"" "v.
great Mas Meeting without noticing tbe w Jc ineetiaw,, oy
r.. ,.t .h. K, t.di.. n on of the difficulty of tbe proof
bare to make it what it waa a splendid The reasons given for eoofiuing the
success. To them much of the credit is H"""" ."t5 p-.... -due.
By meant of a concert, and other- partmeet based upon tbe constitutional
wis, tbev rsised a laree oart of the fund guarantees, via :
ded upon their own account that they be ' necessary to furnlth the prorUron., fire I- Tlua republican form of gov
patieot nd eorscilUtory that they show werks, flags, rkc., for tbt occsuion. Their er"m;"!'' ., . , .
LTdM. n, i fair hand decorated most beautifully the ? I1 proteMMion against i,,va.lon.
-TZ. M . ' .V sTTT 1 . speaker's stood. They aided iu nretWinc . 5 1 Mt or !'"" ."
artxru itM'iinir tinn nhv sirrnuTnrn inr itintim . . . . " .
a o f, - MmnMmm Ttr th
oe no
silleseiM Ias fhs. IsKIm At. J Issflv rl.sv
ef tnsitftients at the North. Any other euCOnr.ged u with their approving smile.
course, be said, wsiuld play into the hands We bare often had occasion to remark
A the Ea lical He
violence
Norv, I agree thst, if the people could
in legal intendment, here acted hi forming
down South that there was much more of public spirit,
.. ... ' . .v.. .mi, in I ml... I- Hnnrlon snnlres mm
ih us well a of patriotism, among tbe ladle , r . r.' , " "
i ne pre- r . I then it is reduced to a Quarrel between
; 01 --.annum v rrnirr nuiuriK rnc ujs... srru .. ... s ii i . 1 a.
amerent taction ot uie iteopie or lire ourie
not to make political speeches
.c m p-.ni.an con- th(J th ; itmolutntion
ideration. lie wanted the Constitution Mj confirms our formerly expressed
restorer! ana again urged tbat northern opinions.
men who come here, and the colored peo
ple, be kindly treated. I hops, said he,
you will consider '.hit advice kindly and
follow it though it comes from me, who
Oat a carpet-bagger, f Gov. Vance said
no you are not, you have a trunk, I saw
it when you got off tbe train, which pro-
people
but it is equally unfair and un-Iawyer-llke
to cell out certain otpreiaions dropp
ed by the Court arguendo and apply them
literally to tbe present situation. Unfair,
for thrtt ens wiif fsUiciclcd tt a tttuo Waaso
duced laughter. He asked whether if, J"tn ! June -vou URe Bronn ,n nef"
. ,.. 7 alum Kit atora tlssal lino leorr . rio..ir... r.v.
he should com,, down and settle asaeug .,,,, iCZTj
our people they Would vole for him far j answered in snch a way as "to show, thai
Governor t Shouts of yes, yes. Would we have a constitutional mode of escape
yon yotb for me against Vance I Xe.Jvo onr present cnnoition, saary11 '
He iifteuded 10 fohome aud disabuse the ft : "l --eaeotoMeaa waeation indeed, and
Northern mind a far as be could
wss a rebellious spirit down here
For tbe WaU-hmsn a Old Kerth fttat.
Can the Present Government in lYortn k cannot R.lpd that the court hsd
taroitna oe isewarea t ota ana in view a slate ot things, following an nn
Ifrli&AuA srrWr-u. hu Juilnijil soceessfal attempt to dissolve the Union,
?n -r - ' I i .r. 1 i..r... .....J .1.
SUIT IU1.I1 lull , WC Uiaj nn- I uwvw mmu
more general expressions, than bad such
a situation been contemplated.
Un-lawyer-like for "it is a maxim, not
to be disregarded, that general expres
sions, ht every opinion, are to be token in
connection with the cc in which those
expression are used. If they go beyou
the case, they may he respected, but ought
Decision t
Messrs. Editors : In your isue of the
could have been no government
by tbe I'KUPLE, then there era
recognition - recognition implies
tion and it i well settled that a
cannot be ratified j a eottiabte act stay be
confirmed, Ac, hut not a void act.
Then could the PEOPLE of North
Carolina have formed any govern stent
under the reconstruction sets 1 . I say not.
A very large portion ef tbe PEOPLK
were absolutely debarred from participa
ting ia the formation of such government
to ssy pothing of the allowing all the eel
ed people to participate. Tbe exact pro
portion of those excluded i net. nor era
be estimated, but woe necessaril nouser
oas from tbe character of the excluding
test and for the same reason embraced
much of the talent, learning, virtue and
respectability of the people, tbe govern
ment proposed to be erected radar the
reconstruction sets, by reason then ef this
exclusion of so large a el, could never
then, as seen and understood by tbe judi
cial mind, be regarded in legal contempla
tion a having been formed by the PEO-
ri.K ; in Isw, it is bat a meet
a
to the jus MSsKbsindf,
jozus-earpet-bu-govera -
nnt t a snntrnl r In ! rid mn er t in a u bse-
I I.I I IV " 1 ... . . .!... I ' " J V '
if there 1 ,n,",vm8 1 conceive, not oniy uie wei- ent injti when thc ter is present
' 7 fere of our Southern people, but thejn- for decision." Cohens r. Virginia, 6,
sun i.r tegntv ot tne uonsinutlon it sen. Ute W
im-
Wheat, 399.
ao tar tailed to hud it. He came down doctrine you advance (and though adVwrl- A. rl..... it ennnnt be suecesafollv assert
here to aee if tho people of the South were ed hy a non-professional person', one bnttnay be confidently denied, that
like Ihe people of Machuetu human wbo ! w?"ire to ?f the court in Luther t. Borden could or
. ultA .h.t ,h i,. . (sniutiouat wwyersiu wortb iareiiiis is woojd mve possibly anticipated and di
beings. He found that they were-we to of Cra.titotion.1 tlwir nionf t0 a 7ute of fact
wf.r fellow ftrMtrrrea and orient Ii, Atuml .uli ..A;n fl w , ... . s
. . - """"" o.i.j ......uo mm non-existent aud imn-conteuipiateu, ii in-
Itand upon a common platform aad live .ethics in government and is at war with deej not non-coiitoroplatable, tlien it re
in peace. jhefoiidamentalpriiieipleofjiMtice
Up to this point we have given a brief . , rr "TX sf a . ' ,n y'mKJ ol laijiii ma; or uuaws
our sketch I very imperfect and that we integral member of the Federal Union, C(j
hf eW derie jpsil.ee to the diitingpiihed j . 'bat it is lantaniount to soeh a recogni- g My that it would net, nor eouldjl by
speakers. Hut it ts the best we could do i r"" "'..r 'i'jB"' ",u.j any possibility, laney, v. a., tne state
the political department ot the (to vera-1 noint decision; "The existence and
inetit. ss t preclude the JudiemJ Oepart- mlUbority tf the gorcrniuent gnder which
ment from deciding on their vaSwtty. he defcd,nto acted, was called in que.
Congress, we may suppose, shall scefit tkm. Md the plaintiff iufusts, that, before
to reennstruci ew lore a reeonsiruc-1 eoaplained of were commHted,
tion set is passed -the Federal ai my sent L,mt jmreraaient had been displaced and
or mHta fl by the PEOPLE of It bode la-
r enton a convention ia called ail tne j n" Jje. , pyS5. V
colored people allowed to vote, and all yfce learned Chief Jnstiee, thea
white Irish and Catholics prohibited the .j 14 snsary peai-n ttll-l h tfrtltf-
'posiumi over tbe olber) tbat there existed
. contest between different portions of the
t .. .. . . . r - - - . . .
ana uisiranciiising oy means or lest rnims M'KOFLF. of Bhode Island tor the gee
or otherwise a large proportion of white .-, na nnuide u reason ae dicU
and a Legislature assemble in pursnaiicc .ion irom .broad no importatioa ef ear-
and by yirtne of Jhat Const i tut loiet be Jpebaggera aided by thebristliag bayo-
ijegisiaiure eiecraiwo .-.euururs, urrrs-r irrsu
speakers
in our small space with our imperfect
notes. "V " ' " ' :;
After Mr. Adams, who had been listen
ed to with the profound! attention, had
taken his seat, Col. Cowan addressed the
a u d ie n cr for mo re t ban an hou r , i o a clear,
convincing aim able speech. 1 in was
t ol Cowan' first appearance among us
and we do him bo more than justice when
W cay that M speedy as well as that of
Mr Adams, p1 -esed and . even delighted
our people, lie made a une impression
aad, wc would like to see aud bear more of
him iu this part of tbe Slate, i
After Col. Cowan had concluded, Gov.
Vance spoke for one hour aud a half ia
IimI r vl. sdvrriv Univtrssl sstrssr-
tion. Gov. Vance i so well known
throughout the State that it is unnecessa
ry to say more unless we could present s
report of hi speech, which we cannot.
When Gov. Vance concluded the meet
ing adjourned to the Barbecue te which
ample justice was done. Notwithstand
ing the large number ef persons present
there was enough for all. The arrange
ments had all been admirably made aad
the best of order prevailed. The tool
was hi the form ef a square, tbe banes aad
tbe invited guests being admitted te the
insidb. Within the square a table bad
been specially prepared for the speakers,
and au excellent dinner was spread for
Messrs Morgan and t'oukling-r-the aeW
Senators present their credential - can It
be supposed for au instant that Congress,
by recognising tbe .two Senators and new
Representative, and cjeethtg the eld,
could thereby preclude the question of
the v)idityef such new government from
being decided by tbe highest court f
Suppose the above stated can be shun
ged by Senator Morgan's iiagnalinn and
tbe Senate seats one of the two newly
elected Senator ; which government is
is then recognised by the political depart
meat. "old New York," in Senator
Cockling, or "new New York" in tbe newly
elected Senator I Or take another modi
fication : Suppose tbat the seats ef the
Senators from New York become vacant
their successor are duly elected rider
the present government and they prat ant
their credentials which re laid upon the
I am indebted to Josses KooaUeroj- Taylor,
IBes,. for this sxcettout safeties.
nets of II. S. Ttroops, bat a pure, Milken-
nvneht.
The question then! which was raised
anil declined to be decided by the Curt
waa, which was th rightful goernreent
of the PCOP'LE of Bhode Island. Here
it i whether a so-called government, iu
which hi lejral intendment the PEOPLE
could have had n voice in erecting, can
be ratified into a legitimate government of
snch PEOPLE without fbew eonent, by
tbe recogni tiou of it very creator !
Now the question which might be pre
sented, is not-whetber er net the PEO
PLE have formed a so-called government,
for admitting the legal opportunity, tbat
become a political quest ton and toe deci
sion in Lather t. Borden would apply
but the Question really m. whether in t.O-
ot ixTit.NiiMRXT the rnofLU could by
ray p tibibty have formed raeb govern
sua
If under the reconstruction sets the
court should bold, that iu legal eon tern-
.Mi- "!--.fir r - ' IP ' -:( -
the hubilimeiits of lawful i
in them by force. And 1 ask yen, sirs,
to distinguish the case as it wantis fresa a
government with tbe same nfooiiis brand
under a reeonstmetion act, prohibiting all
white and permitting all negroes to vote t
Thc difference rests not en principle hot
exists merely in degree ; out only waa a
very largo class absolutely debarred by
tbe terms of the act hot the sasse act
provides military force to carry it eat, as
written then 1 say, that as in legal in
tendment, the PEOPLE ef North Caroli
na could by no possibility have formed
tbe so-called government aod ae accord
ing to the established theory (ee
vanccd by yourselves) there was no
n nest but upon the surrender, we we
instanti remitted
this so-called-l
....... t ...mm
thc creation of our PEOPLE, but is noth
ing but tbe creation of Congress anar
chy legalized and tyred government. It
is law, and as must be seen by the Judges
to have just as much and no other or high
er effect than if Congress had instead
passed a law a follows:
Thc Congress does enact, that W. W.
Golden be Governor of North Carolina
T. 11 Caldwell, Lieut. Gov.; John Pool
and Jocph C. Abbott Senators la Con
gress, and French, Deweese, ete.r etc., be
members of tne Honse of Representatives,
&c, and so on, enumerating all the other
officers.
Now, I ask you, sirs, if you would con
tend by virtue of Pool and Abbott being
allowed their seats under that set, and
French, etc., of the other House, the Coart
would be precluded rem shnanW upon
such a government by force of the deci
sion iu Luther e. Borden ? Will yen.
distinguish tire reconstruction set froai
a list a rsi -) Ana ska snralosnn j aqna Yjfcatiir
tj ranaijluVU Unff Wm ssippisVU wV Itfw MQWmt
idcr the ostablithed theory that the State
always been a member of the Federal
Union t It seems to me, sirs, that das
lawyer wbo contends that Luther vs Bor
den i iu the way of a judicial inquiry in
to the most iubunou conspiracy against
the righto and libertie of a people, like
tbe reconstrnction acta, lm eitber 1
learned or baa fergbttcu the ssaxim tut
haerei in litem kamt m tmtte Iialeed
he has stuck in the form book of the law,
unless he be of that class of whom it is
said . 'a little learning's adangevens thing."
In the foreeoine observations I have Omit
ted the Jim sailsa iiflini iiiilnli ahiikliij
upon the whobr qarstion of neiatasjraatiest.
1. Tbat a law bogus goviwiimaals are
wholly the ere tares of Coawresa. ft would
violate the first principle of jceliee mrar-
ihat Uie idea ef applying tbe tent reeeg-
mac, (conveying a It does tbrougl
throueh Jinr
cial interpretatfoe, the idea of impartiality,
neutrality end entire dkinierestedness) to
tire action of Ceagress towards its own
work, is an abeardity, an iucognity, aad
legal sesWsnv '
2. That Lather vs. Borden does not de
cide that when Congress shall rave re
cognised the eueathw is at aa end, hat
wbeu thetssStW deoswtaarat loaa. htebj-
ding the Executive, In oar cose you say
.a at . -w im iM .
orre aeparneewi one iiwiaastiu, Wss iqsat
ha not, Lot expressly avoided doing se.
Then has there beea ae araqatvsasT re
cognition doe not the diverse action ef
the Executive and Legislative depart meat
like mutual estoppel, set the matter at
large ! . I merely throw these point for
consideration. I lay the stress ef my
view on the ether point. I have merely
skimmed th surface of the qaestien.
A some parties have written ever my
old de plume emu a, art idea which
I dent hitend to father, I sign myself
TAU,
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