Newspapers / The Wilmington Post (Wilmington, … / Feb. 16, 1871, edition 1 / Page 1
Part of The Wilmington Post (Wilmington, N.C.) / About this page
This page has errors
The date, title, or page description is wrong
This page has harmful content
This page contains sensitive or offensive material
. . ' ' - - - - -- , ' . .... . . . . . . -- . . ... ...... -. , -. .. k I . . . . t I . . . ' . - . . " . ' .' . . t- ii n I ii i iM in iii' " i-nii I. m r B--Ttrr -'-t if SMl-WlftlA MYm. im ..if nif tim. irfnr mri rrTTTrii i"Tnifflli'IT irM Tt if I n T- ' .,v ;. .f: ;,;.!',-. ' iJilfliiU) ; r; 'L .- feariR ;-;.vql..iv. : i - l'iiE WILMINGTON POST; J .5 8 OFFICIAIi ORGAN. ov PUBLISHED SU2H)AXS AND THUIiSDAS. in .$3;00u Per Year . . ...... . , . V ...... Six Months. . . . .y. . . . . Three Months. ........ 1 35, One Month.... Single colics, Five ccntb. Clubs furnished at reasonable rates : ; BATES OF ADVERTISING? Per square,:one time, 75 cents. ' Xiess thau ontr tquarc one tim, 50 cents. -( . a vro ixmes i wj ana an succeyumg just-rnuub half price additionisdi ''i- Rates per month, $3 for one square, and each succeeding square half rates additional. Half ('olumn and Column adTertisemeuts re ceivt d niJV'i er discount. V : - voi.iiiv-riiemen'ts 10 cents a line. .. . y - Editor, . .. Wilmington, N. GITY. DAILY POST ! ! Numerous inquiries l;aYe been made as to when the paily Post would bu-resumed. Vre inform the public that So sqod as our lriends send in Hbejnamcs ot sufR-Cient sub scribers, and as soon as encugh actual idy in j subscriptions "liay e been rccpiYcd vv reimblisU the DAILY POST,- at tiie'-Jow price ot six dollars pcr'ycar, or at, two cents a riumber. . CLUB RATES ! ! ! - Our readers are informed that ciub rate so ofen inquired about cannot bcWss than $2.00' per year. We have, put tbc papt r down" to the very lowest price, and clubs cf live or ten cannot, be formed at any? price' less than TWO DOLLARS for EACH PA PER !' " ' ' ' ' . ' 'V OPENING THE CA5IPIGN. Spcciai to the Post ! Message from La-Leading Republican.: . We have recerred for our private mfor matum & few words from one of the now leaders: who now steps out trcm the Re publican ranks aud . assumes control. This "control" only comes by hard work, and '.the ! old Jtffersoniaa Republicans arc the very men who know how, and dare any and all means of achieving victory!. Let the1 East ern counties awake and jain the West, now organizing for victory. ' . W must go before the people, and wheth er the conventionists "back down"-. or not, wc will have a f resh deal and establish mat ters on a stable basis. Readthisd Raleigh, Fb. 13, 1871. Dear Sir: I navenbt written you soon er because I have been waitim; to see what turn things would take. The Governor sent a message, this morning, to the General As sembly declining to issue the proclamation for an election v which may postpone a lull development of 'plans, but which will, I think, at least, as I very much riesirc, put the , election to the people. The message was a stunniug blow to the revolutionists lromjwhich they, will hardly recover, in the event of the election being called. : ' fcotue think it may cause, an entire aban doument of their proposed Convention. I think not and hops not,; for with Caldwell's message as the ; leading document for the campaign we can overwhelm them with de leat which, may'God in his mercj, grant I I am .preparing inattef for a speech on the issues involved in the campaign, if it should occur, and shall endeavor to send you occasional contribution in regard : to the, various points at issue; but as noth ings defiaitely determined on yet, and all ot us .mast patiently await what the future has in store for us. Rest assured you can dcp-iict on tnr Governor in every event, and in nl x .i e . He will do to tie to ! L.-ihj g :; i tue to organize my part of ' th.'Ma t , i;- -i - urday next rite me by reiar;i. m-d h-tt?, and after that to Ashe vil ie. aii t inform me of the progress of .events. JL have the highest hopes ot great success. Very .truly, . ' Your Friend. iThe City Treasurer notices people Uave not paid up. ; who The Cutter "Seward" has been up several days repairing her machinery. " I Men and women have become -extinct. They died sixty years ago.andJeftnp heirs. Ladies and'gentlemen have usurped their places.- v Notice. Delinquent subscribers are co- tified that unless they pay promptly, their papers will be stopped, and when practica ble suits will be entered against offering proper excuse. those hot Mr Nflwp.ll advertises his Sewine Ma Jihines, anrlV gives notice that hereaf ter he will have a large stock of harness and saddles on hand, and will sell cheaper than the house "over the way.' j 13t the Circular pamphlet, wnicn New York'Advertisincr Aeents, Messrs. Geo. - -. 1 A. I P. Rowell & Co., issue for the nse of Adver . - - rv - , tisers, much information is conveyed about all the best ;adjerising mediums. .j.a"; . ; ii ' ' . - .1 . t . - We -would : acknowledge ilh .'reception from Hon. Clinton L. Cobb, of a copj.pt bis bill to protect loyal and peaceable citizens v of the United Btateln IRefnU-cfomeitof their rights, persons, liberty and. property.; The Post -will be fnrnUhed to clubs of :iinknd;6i&'-iW cents for; three months ! I' Let none tay they drV too poor, to pay for their Post, Let Post Clubs ;be formed all o?er the State to - resist Cosi- : ! '- .'-I l ' i ' 4 - ' --v" i ' , a' Jfiqot Concert. -There iwill be a con cert and exhibition of the Red Crots Sun day" School on Wednesday and Thursday evenings, 22d and 23d inst. The public are invited to'attend. Admission 15 cents for adults, and 10 cents tor children, j Uoa 'WAlv iTjneog ordinance ha3 been enforced rigidlyand numerons poor pork ers have been captured. , T6i3ay the Marshall sells those as yet unredeemed, by owners of pork who don't . pay penalty. Many com plaints, are made by those who hate to lose their stock, but we can only anvise them to keep all' animals off tile street. . : : Somktuing . ,Wrono. Numerous com plaints are made of 4tIost - or missing" let ters;y)apers, and mail matter generally. We have' Vuf frequently to Notice the fact that papqrs come to ua from .other Fosioffifces mirked "missent." Now we don't know how a i thing can be umissent" when the label is printed clearly on the w rapper. Skating Assemblies. W regret to learn that our 'citizens will hereafter be de prived ' of the day skating assemblies. These arc the instructions to the managers of the. rink from tliecity authorities. Here after assemblies will only be held on Tues day, Thursday, Friday and Saturday nights, from 8 tos10 Vclock. Friday night next will be the - second awarding assembly. A large attendance may be expected. ' ' : ' -1' ' T"' ' . i.i. f r 1 Slakg. The following lines embrace the favorite slang expressions of the day : The boy stood on the burning deck And thought he was a goner, For the flames, they lit the battle deck, And liUle Church round the corner." - i ' " - , ; Yet beaBtiful ani brave he stood, r Crying 'liowis that for high ?" A creature; of heroic blood j "A bull boy with a glass eye," Tather, if yet my taak iono! He cried with considerable fear; But the old man never acswered him, So 4he walked off on his ear." Say Father ! once again he cried, In a much more frightened manner, But the ship "blew up" and the old man died, 'And that's what's the matter with Hannah." Manners. Young folks should be man nerly. How to be so is the question. Many a good boy and girl feel that they can not behave to suit themselves in the presence ot company. They feel timid, bashful and self distrustful the ! moment they are ad- dresssd by a stranger, or appear in compa ny. Th'ere is but one way of getting over this feeling and acquire I graceful and easy manners, that is, to do the best they can at home, as well as abroad. Good manners are not learned from arbitrary teaching so much as acquired from habit. They grow TTT J J A - . upon us D use. vve must ne courieous, agreeable, civil, kind, gentlemanly and womanly at home, and then it will soon become a kind of second nature to be so everywhere. A coarse, rugh manner at home begets a habit of roughness, which we can not lay off if we try, when we go among strangers. I The most agreeable peo ple we have ever known in company are those that are perfectly agreeable at home. Home Is the school for all the best things, especially for good "manners. Good Exhibit. The following statement of the financial condition oi ruenmona county, we lay before our readers as exhib- itingri)roof positive that the Post advice, "business men for office," is the thing: OrriCE OT BOABD OF COMMIBSIONKES, Richmond Cotjutt, N. C, Rockingham, Feb. 10,-1871. ) The following is a correct statement ot the flnantni pnditioa; of Richmond county as ap pear from the records of the Clerk of the Board OI UOmmiSBioucrB yu. iui isuiM'j ,ut " DISBURSEMENTS. ltT the: Board from July xi.xivj ' - J t nt at 1868. to September 1st, icdv i r-xv,xu ui tiiAnanoM hv the BoiTfl from BCD' ' SVihr 1st. 1869. to- Sept. lst.1870. ,137 86 Aliowances uj me . JIT " . i TtaA f-nm Ran. s sf- aomhr1t. 1870. tO ITeD. 1. lOTli. ,UW w Jnrv and witness tickets paid.... .... 2,500 W rf j - - t.4 WVTU awl pi for RimDort otnoor. ....... ..... . ov x. fcv. f A Total to date. . v.i . . . J .;. . . ... . . , . . ..$S6t48 19 " beceifts tob same pebiod. By taxes to date .(oommutiOM ie- .dieted). .;.'.;, 4. tf,KW w By special taxes on occupations loom-, Rv Tpptai tares on Marriasre Lleemee 206 6S By special taxes on Deeds, Mortgagee, sc. 860 00 136,097 83 The aboye shows how the people's money U yecdnder radical ruletnlch l-'r,: -ii u LU,n. u mond county. And it should De Dorne in mind that wliea the radicals toV charge ot the county, l was, in u?uk puuio f""!, a new jail tomlo.ani many; bridgeaTh jail is built and paid for, land nearly ftll di the floating debt ot tne conniy wipcu oui . , .-n t " - ' ... - . -: Very respecuuuy, . Ls ; w. r. terby, Clerk of Board Com. ' fiOY.CAlD WELL'S' MESSAGE. -. -r DE ;DEC1INES; ORDER V - :-'V!'ELEcflON!'''' : : IN (IE 18 SUSTAIHHD BY THE SO iPnEHE COURT. ' ' STATE' OF NORTH CAROLINA. tfy? BtECTJTIVE DEPARTMENT. Raleigh, Feb,'13tb, 1871, To the lionbrabl ih$ General Assembly ; 'Vrrf r o JSorth Qarolina : Gentlemen":. ' : ' y ' ' There has "been certified to me "an act concerning a ConVehtion of the people," ratified on tie 3th day of February, 1871, by the.-terms-of"which the Governor is re quired' to isstjo a proclamation commanding the j Sherifli of the respective ccuntiss in the State to open Ikand hold an election for a Convention, &c, &ci: If a . majority ef the votes are for a Cohventioriy then the Governor is required to issue another pro clamation summoning the delegates Ui meet in Canventipn,: 4c.r &rV Said uQtxdvetl not purport to Have been , passed by two-thirds of all the members of each House ot the General Assembly.-. - - I have the Honor j to inform your honora ble body that as at preseu tsael vised, I cannot discharge" 1Ie";dVrtie . acquired ,of me by said act. : ' :'.u ' ' , When the act was upen itsvpassage in the1 Senate, I was. the presiding offieer of that body, a; d then, .stated that as the .bill did not recite that itJhad, the concurrence of two-thirds of all the nmrtbersof each House ot the GeneraP Assembly 1 1 deemed it an -constitutisnal and could' not ' declare it pt6sed, andif the Senate- did - not -concur with me, I wouUKvacate the chair and call to iV some Senator : who ' " hacl no' constitu tional scruples on Ihe' 'subject. The Senate did not cohcur in my views, and I vacated the Chair, calling to it thei honorable Sena tor from Beaufort, whose opinion was known to be in accord with that of the Senate. Since that time I have been called to the Executive Chair of the State, and 'as the. Chief of one of the three Departments of the Government, I at first felt that itf" was hardly courteous tor a co-ordinate'depart-ment to require me to do what I had pre viously announced I could not ? .'conscien--tiously do on account of the Uuconstitu- tionaiity of the act: but nyon f nrtjier re&?c- -tion i cohcraueti xrfat the tenerat iisscmuiy is right in supposing that the act can in no: other way be executed except through the Executive ot the State. I deem it respectful to state briefly why I think said act unconstitutional. Article 13, Settion 1, f the Constitution declares that "no Convention of ihe people shall be called by the General Assembly un less the concurrence of two-thirds of all the members of each House," The act unl der consideration is unquestionably .an act calling a Convention. It provides the means fixes the time and. places of votiugj declares who shall vote and who shall not vote; who are eligible as delegates; when they shall meet; what oath they shall take; what they may do; what tniyaM.'do, and what they shall not do; and what they shall do with the Constitution which they may IVame, and upon what conditions it shall become effec tive. If this be not calling a Cdnventiod, then it is 'difficult to tell what would be. I am aw are, however that it is contended that the legislature does not call the Con yention, but only aiithoiizes the vpeople to call one. For .the sake ot argument sup pose this to be so; it only makes the case worse, ror m my opinion, mere is no eveui in which the people can call a Convention except as a revolutionary measnre. Ours is a constutional government, ana tuc people are as much bound by the Constitution as trie Legislature, or as any officer is. The Constitution is the supreme law, and it for bids even the people to change or amend it except in pursuance ot its own provisions (Art. 1, Sec. 6.) Any other moae oi amcna- ing it is extra-constitutional revolutionary, . ji . .. ji.. m .j. and enaangers ine peace oj uw nuitc. Again, by the Constitution all legislative power ls vestea in tue uenerar sseuiuij. Convening a Convention is a legislative act and can only be done by the General As sembly. Calling in the aid of a popular vote does not alter the case, ior tue peepie have no power of legislation, and it is, after all only an act oi tue uenerai Assemoiy, without the vote required by the Constitu tion. If the act under consideration only sub mitted the questiomto the people whether thev will have a Convention or not, then there might be some plausibility in the ar- ffumentof -its tnenas, mat wo uenerai Assembly was not, calling a Convention by a bare majority ; but was simply maugurht inff a mode bv which the people might ex- mess their desire that a Convention should be'called in thmknncr prescribed by the UOnStltUtlOnV J80 juawiij me cii.itti Assembly in calling one at a subsequent -otinn Tint Ie anv one "examine the Act dimassionately. and the conclusion is ir resistible that this is, leeislatvo ; ttempt to a'mend th Constitution in a way and by a mode different from that prescribed by the Constitution itself. Is its sole object to, allow the people to say whether they de sire k Convention or not ? Then why pro vide in the act that the Convention may do certain things, may. not do certain things, arid'sAoK do still other certain things. Is not jthis establishing a part of the Constitu tion bv leeialatlve enactment without do ing it in the manner provided, by l the Con- 8titritioa ? if this general 4 .AssemDiyr Dy a 'Iweilmajority, hcan'; tay what', particular ftUiiae or clauses shall be put - into the Con stitution, cannot it; with equal " propriety dictate dR tnat'shall be jnltf This propo- aition seems to me 16 be too clear to admit ct arsrument, and I submit that a Conven tion thus ; called would be a Convention to ratify amendments made ; by the ' General Assemblr.and riot such a Convention as it 1 rnntamDlated bv the Constitution to , alter and amend the tlohstitutibn ot to. adopt new one.-1- -: -1: - ' : " - .' When our present Constikution was adop- 1 ted it was of no force or binding effect un- m n was auDmntea to mei uongresa oi tne United States and receive4 its sanction and approval. This was rendered necessary by an act of Congress passed Ion the 2d day of M8rcb;:1867 entitled' "An Act to provide for !the rnpre fficient gejrernrneht: ot the Rebol States;" and by an afct supplementary thereio.passed, on the 2d " day of March, 1867V i faHliUtellestbiationJ Beth of these acts secured the approvaf the Leg' islature of North Carolina j and the people 1 of the Stato Matmescfd therMri t nvl ilmk' of the: State Ve-'tereiiitnd time nw again, in xne juegisiati ve 7 uajis, on tne Hustings and irrtbe cdurts bl justice the leading? representative men of the3 State have affirmed that, in goodfaith, they would abide by and sup. a1- .nose lafrs until they were altered, raord or repealed by tho law-making power o the nation, or were declared to be uocmstitutional by, the Ju diciary of tha United S ates.! Neither 1 these contingencies has ye t happened, and as our Constitution could notf have gone into operation without the sanction of Con gress, I submit that no jpart of it can be altered or amended withojit the same sanc tion, unless the alteration foi amendment be made in the way indicated by the Consti tution itself. CQngrcs3Jjgred, when it accepted' our Constitution, that we might amend it in two1 ways: First,jby calling a Convention, two-Jhirds of. all the members of each House of -the General Assembly con curring ; and, second, by1 Legislative enact ment, as provided in Article 13, Section 2. The people of North Carolina, by their delegates in Convention assembled, and afterwards by their own votes, agreed to the same thing. Will it not ' now be justly regarded as an act of Punin faith, on our part, if we claim that? we did not intend the consequences of our own act, but on the contrary had the ultimate purpose to violate our plighted Ifonor whenever we felt it convenient' : to db so j? Gedj forbid that we should give afiy one cause, to be lieve that we or our people could be wil fully guilty' of such an act of duplicity and treachery! In the name of the people ci my State, I repudiate any and proclaim that although sire their Constitution to be such purpose, they may de- amended, they will never consent that at may be done in any other way ! than that agreed upon be tween ' themselves and ihe Congress of the United' States, without tjie consent of both parties freely given. I ari embarrassed by the situation. Iam extremely anxious to be in accord with your honorable body, but I feM assured that no member of the General Assembly, nor anv . .li ttii .wrlfl an act which censure ine ior reiusing zp uo I feel I am precluded from oath I have taken to support doing by the the Constitu tion. Were I to do so, should feci that I merited the scorn and contempt of every honest; and 'honorable man in the State, and that I was utterly unworthy place I now hold. I wbuld te occupy the' much prefer your censure when I havfe a conscience void ot offence, to your commendation with an accusing conscience. !- . With an earnest desire to arrive at a cor rect conclusion and to do nothing rashly or unadvisedly, I nave betaken j mysejt to the great fountain of law n North Carolina, and sought Information Ifromf the Supreme Court on this Vital : Question It is tlie pe- culiat duty of this learricd tribunal ot jus- ice to expound the Constitution and the aws, ana l leel it my. oonnaen duty to submit to and acquiesce in their decision. n reply to a letter addressed by me to the Chief Justice and Associate IJustices on the 9tn instant, I have received an answer, a copy of which I herewi transmit to your uonoraoie ooay, : as wieu as a -i i -r M ill copy or my I have endeavored jto state the honest udgment of my mind vjpon this important question. 1 have askqd in a spirit of sin cerity ianri truth; and have ascertained the opinion of the Supreme Court that my dgment might be enlightened by their views, rnev concur v?i itn me in my oj)in ionality of this act. ion of tbe . uncoas..ty It is gratifying to know that they have dpne so. not Dec v -a , . . use it affords me an occasion - to say tuat 1 was - . - - i -1 . r right and the but because it (lanAMl A do am 1 tt rarnnrr may suggest to your pjonorabie body the propel means of accomplishing a change in , 1 ' W A .A ' 1 ? .U ' T- tne uonsiitution in neu oi such as arc pro vided for by the act under consideration. It is in the interest bf peace, quiet and public order, and to prjevent probable seri ous conflicts arid collisions ot authorities that I Invoke the General Assembly to re lieve me from the embarrassment of my present position. ; The Government is of the people and for the people, and upon a just occasion, , and in a lawiul way they have an undisputed riht6 change it. No orie will be less likely than I to interpose captious objections to the iriode or manner of effecting such changes as are proposed by tho representatives of the people, or as may be in accordance with a distinct, deU nite arid deliberate popular will express ed upon the subject. (But it cannot be suc cessfully denied that the mode now pro posed: is novel and stroneer term) : that arrcguiar (to use no t has no express war rant or authority by My. provision of the Constitution ; that it ps sustained only by a iatitudinous and strained interpretation of a general phrase in tjhat instrument ; that it is in tbe face of contemporaneous expo sition and decision o the same question in the Convention of 1835, by the ablest men, and by a very large pajority ot that body of pure, upright andtemi n en t citizens ; that it has been mere than once determined and I had supposed) finally determined by the action of both political parties, repre sented by their best j men in the General Assembly, before the war. This being the' case, and the public! mind still being seu- sitiye to tne sugntest 'cause oi aiarm ana apprehension for the continuance of peace within our borders, arid pur people praying every day and hour of their lives that they; may never see again the scenes of commo tion, strife, bitterness and bloodshed through which they pave so recently passed; that while ithet hae decided yiews that one manner or selecting Judges and Jds- ticei bFthPeaces pnffibir i t.ore-kiBd Jofntyttdmlntstration is yeuer fPn rtqther there is yet no prevail ing reason Vhr they 'should again buckle on their sabres shohlde1their muskets arid at the point of their laypntts arid:, at the mouth of their cannons enforce their views" of what ought; to be the Constitution upon their dientigneighbor as each party utdertook to do in 1861'.' ' . vr A feeling jpf doubt and ? itmcertainty is ito Jhe. turc, exists in North tSaroiiria, .There is some reason why it shbhld exist. And teretore the slightest cixcstarJce will ba sejzed aa3,foreodinJsTil fey thsoirtl buauj xicu tutu, rv u hi en ii oi me ctate. rot they yet remember and feel the agonies of slaughtered or crippled sons; of j widowed daughters andorphanedchitdren, and de plore the , loss of ravaged and ! desolated homes and ruined fortunes! ' The trivial coincidence of the month 1 and day of the proposed Convention, election with certain other inauspicious days and months "fn the dark-period f bloodshed, crime, and over throw of political relations and institutions inaugurated with as fair promises as are now made in this same month j ten years ago, will be remembered, 1 It .will bo re membered a!s6 that the! very day, 'Aprifl 13th, on which the proposed election is to be held, is the anniversary -of tho: bombard ment of fort Sumter arid the commencement ot the war. Slight as these circumstances are, the people will attribute to them great: significance as" indicative of ulterior and dangerous designs, not- perhaps in tho con templation of those who concurred iin the passage of the present law1, i V The dread of being deprived of the pro tection, of the. homestead clause int the present Constitution will create a deep feel ing of anxiety and interest among the pople, and coatribute. to exasperate and f heighten the general excitement beyond that which we might expectih ordinary etectiofiSThei fear that; the army of creditors whose claims have been excluded by the hoidingf jihet present Supreme Courf will W precipitated upon the helpless and impoverished deb tors in the State, now protected by that deoisiohV coupled with 1 the fact that ' the5 present act does not restrict tho proposed Convention from abolishing the constitutional exemption from imprisonment for debt, will seriously agitate the minds of the .pooreri classes of our people both white and Colored. The forrrier will regard the homesteads alloted to them bv law as put in jeopardy, if not probably lost, by submitting to a call of a Convention.il The Jattorj jwhoIabor upon our farms, in our domestic lervicemdnpott our public works, may suspect, that a Convention,- unrestricted as to jts 5 power I to? Tfbtfreer.WfffT?r llkt that in Mexico where, although their Con-t stitution guarantees liberty to every citizen, by their mode of enforcing debfi every farm" or house servant, is liable' to becoma practi cally a slave. ' ."': -,.', ' . ,. j: -f These topics are alluded loj riot for the purpose of entering into kny discussion with the Genoral Assembly upon its views of what it may think necessary jtdo jn the way of ConstitutioBaVreYdT&s as all will admit, that there ,are causes of irritation and excitemsnt' enough' t,o be anticipated in anjr 'electlon which may occur , in , a regril ar and lawful manner for determining tho im pbrtant Constitutional changes now. propos ed, and that' this irritation and excitement must be beyond mea'sujrc laud with, j great danger to the public peace, aggravated by a continuance of the present unfortunate, con flict of opinion between) the executive and legislative branch of the government. ! My ardent wish is that the General Assem bly, actuated as I believe it is, by an honest and unselfish desiro to promote the public good, and as fully it not better informed than I am of the probable perils. of the, future, may shape its course in such a way as to eicape ' the dangers which every pru dent man, in . my ; judgment must see ahead of us. '. '",;,.-;", J.',.-, :-': ; :, .X'M- In conclusiob, I have: again to repeat that the oath which I have taken to support the Constitution forbids me to participate in in executing this act, which I believe to be violation of that sacred instrument, ! ' L - ' I have the honor to be, ... . j : I 'V:;u; Very respectfully, -'.j' '! r. Your Ob't, Servafal, Tod R. Caldwell, CoRnESP0KDBl?CE. . Raleigh, Feb, 9th, 1871. , To the Honorable, The ChieJ ' Justice, and Associate Justice of the Supreme Court of tfbrth Carolina-: Gentlemen: Enclosed herewith I jserkl you a copy of an act passed by the, pretent General Assem bly,, entitled "An Act concerning a Conven tion of the people." By the first section ot tho Act tho Governoris reqnifed to! issue his proclamation, commanding the? Sherifis to open polls and hold, an election, &c.t &c. " After carefully reading tho various provi sions of said act, and giving to It ach examination asTave been able to bestow, I am forced to the' conc!u3iori, that ir is in direct conflict with theX3ohstithtion of the State, which I have taken a solemn toath to support, in that, it , propose to menc laid Constitution, in a way and Uy method not recognized nor warrantee! by the pQristltu tion itself. Entertainifisr this 'view., ii leet that I would be un!ait.hful f tomy; were I in any way. even at the behest eftbe General Assembly, to become an iristrument to assist in violating fife supreme: lagpf the State, enacted By, the p'epple "thhiseffei. J am willing, however, to r'sndeETmy-gwnf onimon upon this vital question,? to ;! the better opinon of tbe'Snpreme Court,; which? is the final arbiter of all questions ioTotTirig thconsatutijnM r ! r-1 desiro riot to act rashlr or nriadvlsedly. and therefore' Woti tespectluuyiisjcjine opmion of your HonotabieCont,' aaJtP Ihe, consutuuonaiisyL w it unconstitutional, ii is mi dUty asLUPTer- rior. ttf 3 Ishs't iri 'the' execution, thereof, 'is Wpyidedltf the Ural arid third' sections of said actl An early answer will confer a great favor. I-h!rTJrPectfullyv Tour ob't scrv't, ' I---;.- Tod R. Caldwell; - . : Gooyernor. . f STATE OF NOKTH CAROLINA, r:;i ;.-K-t!p I DUPREJIS! Cottrt,' - - r Kaleigh, Feb. llth, 1871. pjl Etiny, Gov. Calbwell: Bra j-InTeply to your communication of &iutMilt1 honor to say, the t-nuf Justice, and Justices Rodman, Dick n4 Settle arr of pinion "that the1 act to Mhution00 re,Cr, ia Tiolatioa to the Con- rs AH legislative power ii rested in the Gen eral Assembly; calling mjenrenaon is an act legislation.. t follows that no Convention can be called rinTess it be done by the General Assembly; V : - Th people have reserved to themselves power of legislation. It follows, that a Con yentiQn cannot be called by ai vote f the people; nor will, such voting, enable the General Assembly to call a Converitltm? in a manner not authorized by the CojjsHtution. I.e for the reason stated by film wheri the opinion of the- Justices was requested by the General Assembly in regard to -the tenure office, declines to give an .OpitilOd. -'f r '1'. w" ;? . r poa the sscond question in regard to your.duty, provided you beliove the act to be uwuBtituiionai, tne Justices Oof not feel at o oner any ppimoni kl i -iv . , i Very respectfully. I'&c-, &c.y mhii.p Chief Justice Supreme (Court. Letters rom tuk people. is W ; . Jf . r ; Ieadcrskip, - Raleigh, Ftb, 12. 187.1. Mr. Editor There Is only one thing needed bj tho RepuWine pttrt;in this State, to insure their -success in the seoming election. The party wants "a leader. 'For a leader she needs ta -i yoirag ahFull ot Pergya and.undouhted paioJisn3( the party, one who is brave, Bontst, has the ca pacity, to lead and carrythtoflgh lht storms of political revolutions party thahas a status similar to ours.: Or all tho men in North Carolina none mro fitter J fitted for this task, none pettex qualified to perform the double duty of returning the State to thd'IRepublican fold where she properly , belongs, . arid saving it fjom . rtbe hands of the enemies, than the subject bf this article. Therefore it' is with - pleasure' that we nounce npur intention, to jpgive to tbon. .Tazewell Hareroye. of Granville, all of our leader ot tne PpdSapr- r-tftr jiext under his marsh alshipTUfcS? iSlh ' grand army of Union loyirig Repub i lifeli ne has all the. qualities requisite lor a lead er young, vigorous, energetic, a lawyer, and of revolutionary fame and renown. Again we utter the watchword, Hargroves bur leader. Victory Is sure in 1871 and 1872. i Republican. &,y ' STATE. . TheStatesville American republishes an Bddress of 'Hoii. Zebulan B. Vance, to "the citizens of tho Eighth -Congressional, Dis trict" in , 18G1,?: Tho address , shows how good a union man Governor Vance was before the war. rl' ' "We cannot say that it has confined itself to the announcement that the Telegram would not be a political journal, but "simply a live news and commercial paper." r So far as we have read it, the Tclefram has bad ever v thing to say against and noth ing to sajf for the actions of the present Democratic . Legislature. Where 4 is the neutrality?" Tarlor' Southerner. ; How can any "live" t and independent paper, devoted to the real interests and priority of North Carolina, do otherwise. Give it' up. . ... j , ' , The Raleigh Telegram says that Gen. R. B. j Vance, brother of Gov. Vance, been elected Principal of the Institution for the Deaf, Dumb and the Blind, vice, John. Nichols resigned. 1 The above swas published in the Stato papers called "conservative." These papers did not state why a mere politician was selected to fill a p)ace it took. Mr. Nichols, fifteen years of constant study, and attention to learn the wants of hU unfortunate pupils. - ! Endorses Caldwell. The only real conservative opposition paper in the State endorses the actinV of Governor Caldwell. Thus the desire to Telegram of Raleigh, proves its piease the people, and not the 1 M iU a (2 c mm em Am. mm. ' B t m m A"hMMa Vm mm 1 n n been hitherto, the general arid almost undis turbed opinion of the public in, this State ; p-ii jt ; That'. the General Assembly has no power,, either direetlylor oyv the. intervention of the people to call a' Convention, ,' except tnejaw, oe auiporizea pj a majoruy oi two- thirds or all tne members ct, bo tn Houses. In yesterday' issue, i in our Local and State (column, information was .given ot barn-burnings in OraDge, aud Ku Kluxism itftJhatham. Whre is this thing to stop ? The Courts ot civil law seem unablt to prevent it; and martial ' law j of i tsel f, per petrates greater outrages upon an Innocent people.,, I tlw Tainttemptto. arrest it by Civil process vue , . ipawcu j duuw , ruuti suspicion knrT mirest Wvea rmore than1 the rruiltyi whllfl an thi'iriajoritt 'of instances, the actual criminals go uo punished. If this stato ofT, evil continues, ai nopeot JXortn Carbliria's "prosperity will, be blasted , In xror opinloo, the remedy tar In "the hands ot tht pcoplenbesself Raleigh! TtiefHm. .That remedy" if NOWNVENTIONi
The Wilmington Post (Wilmington, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Feb. 16, 1871, edition 1
1
Click "Submit" to request a review of this page. NCDHC staff will check .
0 / 75