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AJST XJIVIOIV, NOW AJSJy FOREVER, ONE
I2VSEa?JK-A.BIL,E." Daniel "Webster.
RALEIGH, N. C, SATURDAY, JUNE 9, 1866.
" LIBERT V
f. W. HOLDEN, J- W. HOLDEN.
W. W. HOLDEN & SON",
EDITORS OF THE STANDARD,
And authorized publishers of Vie Lams of the United
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4 K. 8TEMHOUSE. AALAJt MACAULEY,
gTEJUIOUSE & MACAULAY, tt
Wholesale and Retail Grocers and Commission
Merchants, at our Old Stand, Trade Street, Char
lotte, N. C.
Purchase and sell Cotton and all other Produce,
Business entrusted to us shall command our
prompt personal attention.
References. Jordan Womble, Sr., Esq.
Dunlop, Moncure & Co., Richmond, Va.
Kent, Paine & Co., " "
Martin & Tannahill, Petersburg, Va.
Grocer and Commission Merchant, for all kinds
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Consignments solicited, nt Old Stand 4th door
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augll US ' .
AN ACT TO ENABLE THE BANKS OF THE
STATE TO CLOSE THEIR BUSINESS.
Whereas, The financial policy of the Federal
Government adopted to maintain the national
credit, with the heavy taxes imposed by that Gov
ernment on the B..nks of the State, makes it ab
solutely necessary that said Banks should close
their business, and renders a further coutinu nice
of tlieircorporate existence idle and useless to the
people of the State,
Section 1. He it enacted by the General Assembly
of the State of Aorth-CarvUna, awl it is hereby
enacted by the autUrity f the same, That if liie
Stockholders of any of the Banks chartered by the
General Assembly oi this State shell be unwilling
to close the business of their Bunks by an assign
ment, and are desirous to appropriate all the estate
and effects of such Bank lor the bcuelit ol its
creditors, and to close its business and surrender i
their chartered rijrhts and franchises in confonni- i
ty with the subsequent provisions of this act, j
such Stockholders inav by their bill in equity in '
the name of suclx Bank liled in the Court of Equity
of the county in which the principal Bank or any
of its branches may be located, require the credi
tors of sueii Bank" to prefer aud establish their
demands within Mich lime (not less than twelve
months alter decree therefor) as shall be allowed
by the Court. The Court shall upon lilinjr such
bill appoint as commissioner a suitable person
acquainted with the business of such Bank, who
shall be paid for his services such sum as may be
allowed by the court. Such commissioner shall
give bond" with ample security, payable to the
State for the faitLful discharge oi his duties in
such sum as shall be approved by the court,
which bond shall be liled in court and may be
sued on for the use of such persons as the court
Sec. 2. Be it further enacted. That the commis
sioner appointed a3 aforesaid, upon tiling the bond i
required of hini, shall forthwith become, and so i
long as he shall coutiue sueh commissioner aud I
uo "longer, shall be vested with all the estate, ef-
lectsand ritrktsof action which such Bank posses- ;
sed, had or held or was vested with, at the time
of liiihg such bill, and which sueh Bank could at
that time have lawfully sold, assigned or trans
ferred, including all debts due to uch Bank or to
any person for its use and all liens aud securities
therefor. The court may require such Bank by !
its Cashier or other proper ottieer to endorse !
without recourse, all such bills or notes, draw all !
such cheeks or orders for money aud execute suck I
other paper writiugs as the court shall deem t:c- !
eessary or useful fo enable the commissioner to
demand or recover aud receive the estate and e- i
fects of such Bank for the benefit of its creditors, j
The commissioner shall have the like remedy to j
recover and receive all the estate, debts and ell'eets J
belonging to such Bank at the time of tiling its i
bill, as such Bank might have had if no pr-jeced- I
ings had been had under this act; and should any j
such Bank have made any sale or transfer of its I
property or effects, fraudulent as to its creditor j
but valid as between the parties, in sueh cases I
such commissioner shall stand in the place of the j
creditors, and may recover and receive such pro
perty or eiieets so irauduiently sold or transferred,
although sueh Bank could not have done mi. Iu i
all suits prosecuted by sueh Commissioner at !
law or in Equity the plaintilf shall bo styled "The j
Commissioner.'' (adding thereto the name of the '
particular Bank lor which he has been appointed j
the Commissioner,) and if at the lime of liiing
such bill by any Bank any action at law or pro- !
feeding or suit in Equity shall be pending i:i the ,
name of sueh Bank for tue recovery of any estate. !
debt or demand which might or ought to be vested
in sueh CoiuiiiUsioucra-ilorcsaid, such Commis- j
sioner s'tiaii be admitted f.o prosecute the saii.e in i
like manner and to like cileet; a-d no suit pend-
mg at any lime Jor tue recovery oi any estate,
debtor demand in the name of sueii Commission
er shall be abated by the death or removal of sueh
Commissioner, but a Commissioner to be appoint
ed in sueh cases (as is hereinafter provided) shall
be admitted to prosecute the same inline, manner
and to like effect as if the same had been oriin
ailv commenced by him.
Sec. 3. Bj it further enacted. That the Commis
sioner aforesaid shall iu all things connected with
the discharge of his duties as Oomiiiissioii'-r, aet
under tut) direction and order ol the court ; and
il any such Commissioner shall refuse or unrea
sonably delav or neglect to obex- aur rule, order
or decree of the court, it shall be the duty oi the
court to remove such Commissioner; aud upon
such removal or upon any vacancy by dcutu or
otherwise, the court shall appoint some other
person Commissioner, w ho shall enter into bond
in such sum as the court shall direct iu iikc man
ner and for the like uses and purposes as provided
in e-.ises of the Commissioner lirst appointed;
and thereupon all the estate, property, effects
deb's and rights ot action vested in sueh Bank
after the time ot tiling its bill, not before lawfully
disposed ol by any former Commissioner, shall be
forthwith vested iu such new commissioner as
legally and eilectually as if he hail been the com
missioner lirst appointed; and the court shall have
the power to require an- former commissioner or
the representative of any deceased commissioner,
to surrender to such new commissioner auv such
estate, cifects, money or evidence ol debt which j
of right should be in the hands or possession of j
such new commissioner. I
Sec. 4. Ik it further enacted. That all demands
of creditors may be preferred and proved before
such commissioner, and for all purposes connect
ed with the investigation of the demands of any I
person claiming to be a creditor as aforesaid, tiie J
commissioner shall have power to administer all
oaths required in the course ot such proceedings.
Any supposed creditor whose claims shall be
wholly or iu part disallowed by any commission
er, may appeal to the Court, where the same shall
be determined according to the course of the
Court, or decided at law, as the court may direct ;
and in all such appeals the case shall be docketed
in the name of the creditor against " The Com
missioner of " (adding the name of the Bank
of which he is commissioner,) and shall be tried
and determined as like suits between other parties.
In all cases in which any such commissiouershall
be a party, whether plaintilf or defendant, and it
shall appear that, there has been mutual credit
given by the Bank, and any other corporation or
any person who is the opposite party, or there are
mutual debts between them, whether such debts
be due and payable or not, the account between
the parties stiall be stated, and one debt shall be
set off against the other, and the balance of suc'i
account only shall be allowed or paid on eitheir
side respectively; and the costs iu all cases shall
be paid by either party as the court shall direct.
The commissioner shall from time to time pre
pare statements in writing of all claims allowed
by him; showing the character of such claims and
the evidence oh which their validity is based ;
and there shall be uo application of any funds in
the hands of such commissioner to the satisfac
tion in whole or in part of any claim whatever,
except under a rule or order of the court there
for. Sec. 5. Be it farther enacted, That the court shall
make all proper orders and decrees forthe collec
tion of the assets of sueh Bauk, of every nature
and description, and for the payment of the costs
and expenses incident to the proceedings. The
creditors whose claims and demands have been
proved and established as aforesaid against the
estate and effects ot such Bank in the hands of the
commissioner, shall be entitled to payment in
satisfaction of the same out of the assets in hands
of such commissioner, as the court shall order
and direct; and all sueh claims and demands not
prosecuted, proved and established according to
the provisions of this act within the time allowed
by the decree of the court therefor, shall be barred
of recovery by any action at law or other proceed
ing in equity ; and any suit brought for their re
covery otherwise than is herein provided shall on
the piea of the commissioner of such Bank be
abated, or on his motion be dismissed.
Sec. 0. Be it further enacted. That it shall not be
necessary in any bill filed under this act, to make
any particular persons or corporations parties by
name, but it shall be sufficient if the defendants
be denominated creditors of the particular Bank
iu behalf of which suit maybe instituted; and
notice of the bill shall be published for the space
of thirty days so soon as it may be tiled in at least
fifteen newspapers, one of which shall be pub
lished in the City of Raleigh ; one In the city of
Charleston, S. t.-.; one in the city of Richmond,
Va.; one iu the city of Baltimore, Md.; oue in the
city of Philadelphia; one in the city of New York;
one in the city of Augusta, Ga.; one in the city of
Montgomery, Ala.; one in the city of N. Orleans;
ouii uuii in uie city oi jNasuvaie, Tenn.
neu runner enacted. That anyone of the
the Judges of the Supreme Court, or of the Su
perior Courts of law and equity, shall have power
at bis chambers, from time to" time, to make ay
such rules, orders or decrees as niav be necessary
or required for expediting the settlement of all
conti oversies between any commissioner appoint
ed under this act, and other parties, for the guid
ance and iustruction of any commissioner in any
matter connected with the diseliarge of his duties,
for the removal or appointment of a commission
er, or for the speedy execution of any of the
powers by this act conferred ou a court of equity.
The N. C.
Sec. 8. Be it further enacted. That the tiling by
or on behalf of any Bank, of a bill in the court of
equity, under the provisions of this aet, shall,
upon the appoiut.ment aud qualification of a com
missioner thereunder, be deemed and taken to all
intents and purposes to be a surrender by such
Bank of all the corporate rights and fran.-hiscs
granted to such Bank; and all laws by virtue of
which any such Bank then exists as a corporation
are hereby repealed, aud such corporation shall
be thereupon dissolved, and all the cifects and
consequences following or incident to the disso
lution of a corporation at common law shall ensue
thereon; and any statnLe law of this State to the
contrary notwithstanding. Provided, hoioeeer.
That l ho estate, properly, and rights of action
vested in the commissioner, as provided by this
act, shall not be in any way diverted or impaired
thereby, nor shall tiie rights of any creditor of
sueh Bank against, sueh commissioner or against
the estate or cifects so vested in him, be thereby
impaired or in any way ail'eelcd, and such com
missioner shall thereupon be considered as the
plaintilf in the pending proceedings; and, pro
videil, furti.ei; that should there be any balai.ee
remaining in the hands of any such commissioner
alter the satisfaction of the claims of such credit
ors, the commissioner under the direction of the
court shall distribute and pay the same to aud
among those who shall be justly entitled thereto
as having becu stockholders or members of such
corporation at the time of its dissolution as afore
said, or their legal representatives.
See. 1). Be it further enacted. That all suits on
debls due the Banks contracted wilh a branch
Bank shall be brought in the comity where the
branch was established, and if brought iu any
other county may be dismissed ou motion.
See. 10. Be it further enacted. That this act
. shall be in force from and after its ratification.
Ratified the 12tli day of March, ISiiO.
The Stamp Act.
ONE OP THE TAX LAWS OP THE U'1TE1 STATICS.
Acknowledgment of deeds, Exempt
Atlidavit, ' 5 cts.
(in suit or legal proceedings,) Exempt
Agreement or Appraisement, for each
sheet or piece of paper, on which the
same is written, 5 cts.
Assignment or Transfers, of mortgage,
lease or policy of insurance, the same
duty as on the original instrument of
paten t right, 5 cts.
Bank Cheeks, Drafts or Orders, &c, at
sight, or ou demand, 2 cts.
Bills of Exchange ; Inland drafts or order
payable otherwise than at sight or on
demand, and any promisory note what
ever, payable ou demand or at a time
designated except bank notes issued
for circulation, and checks made aud
intended to be, and which shall be,
forthwith presented for payment for a
sum not exceeding S100, 5 cts.
For every additional 100 or fractional
part thereof, 5 cts.
Bills o! Lading vessels forthe ports of the
United States or British North America, Exempt
On receipt of goods ou any f reign ports, 10 cts.
Bills of Sale of any vessel, or part there
of, when the coiisiderrtiou does not ex
ceed ou0, 50 cts.
Exceeding .VX)and not exceeding 1,000, $1 00
Exceeding one thousand dollars for inch
live hundred cioiijrs fractional part
thereof, 50 cts".
Of personal property, other than ship or
vessel Bond per.-onal, for payment of
money see mortgage. Otlicial, ?1 00
For indemnifying any person lor the pay
ment oi any sum of money, where the
money ultimately recoverable there
upon is one thousand dollars or less, 50 cts.
Where the money recoverable exceeds
one thousand dollars for every addi
tional one thousand dollars, or fraction
al part thereof, 50 cts.
Bouds, county, city and town bonds, rail
roads and other corporation bonds and
script, are subject tostanipdnty. See
mortgage Of any description, other
than such as are required in legal pro
ceedings, and sueh as are not otherwise
charged in this schedule, 23 cts.
Certificates ot deposit in bank, sum not
exceeding one hundred dollars. 2 cts.
Of deposit in bank, sum exceeding oue
hundred dollars, cts.
Of stock iu uii incorporated company, 25 cts.
Of a qualification of a Justice of the Peace,
Commissioner of deeds or Notary
Of search of records, 5 cts.
That cc; tain papers arc on file, 5 cts.
That cerlai.i papers cannot be found, Sets.
Of redemption of land sold for taxes, 5 cts.
Of birth, marriage and death, 5 cts.
Of qualifications of school teachers, 5 cts,
Ol profits of an incorporated company,
for a sum nut less than ten dollars and
not exceeding fifty dollars, 10 cts.
Exceeding lilty 'dollars and notexceeding
one thousand dollars, 23 cts.
Exceed'mgonctliousand dollars, for every
additional one thousand, or fractional
part thereof, 25 cts.
Of damage or otherwise, and all others
certificates or documents issued by any
port warden, marine surveyor, or other
person acting as such, Sets.
Certified Transcript of judgments, satis
faction of judgments and of all papers
recorded or on tile, 5 cts.
Check Draft or Order for the payment of
any sum of money exceeding 10,
drawn upon any person or other than a
bank, banker or trust company, at sight
or on demand, Sets.
Contract Sec Agreement Brokers, lftctSw
Conveyance deed, instrument of writing,
whereby lands, tenements, or other
reality sold shall be conveyed, the ac
tual value w'aich does not exceed 50l. 3J cts.
Exceeding-$5f'0,andnotexceeding-51,00(, $1 0Oj
For every additional live hundred dollars,
or fractional part thereof, in excess of
one thousand dollars, SO cts.
Entry of any goods, wares or merchandize
at any custom house, not. exceeding oue
hundred dollars in value, 25 eta.
Exceeding one hundred dollars and not
exceeding live hundred dollars in Talue.SO cts.
Exceeding "five hundred dollars in value, $1 0X
For the withdrawal of any goods or mer
chandize from bonded warehouse, 50 ctsw
Guagcr's return if for quantity not ex
ceeding live hundred gal. gross, 10 cts.
Exceeding 00 gallons, 25 cts.
Power of Attorney to sell or transfer
stock, or collect dividends thereon, 25 cts.
To vote at ;n election if an incorporated
company, 10 cts.
To receive or collect rents, 25 cts.
To sell, or convey, or rent, or lease real
estate, $1 00
For any other purpose, 50 cts.
Probate of will or letters of administra
tion, where the value of both real and
personal estate does not exceed $3,000, $1 00
For evei-y additional 182,000 or iractional
part thereof, in excess of $2,000, 50 cts.
Bonds of executor, administrators, guar
dums and trustees, are each subjected
to a stamp duty of $1 00
Protest upon bill note, check or draft 25 cts.
Pi omisory Note, (See Bills of Exchange,
inland,) Renewal of, subject to same
duty as au original note.
Hteceipt for the payment of any sum of
money, or debt due, exceeding twenty
dollars, or for the delivery of any pro
perty, 2 els
Trust Deed made to secure a debt to be
stamped as a mortgage conveying estate
to uses, to be stamped as conveyance.
"Warehouse Receipt for any goods, wares
or merchandise not otherwise provided
for, deposited or stored in any public
or private warehouse not exceeding
five hundred dollars in value, 10 cts.
Exceeding live hundred aid not exceed
ing one thousand dollars, 20 cts.
Exceeding 1,000 dollars, for every addi
tional 1,000 dollars or fractional part
thereof, iu excess of $1,000, 10 cts.
For any goods, etc., not otherwise provi
ded for.stored ordepositcd inanypublic
or private warehouse or yard, 25 cts.
"Writs or Legal Documents, writ or other
legal proeess,"by w.iich anysuit is com
menced in any court of record, cither
of law or equity, 50 cts.
"Writ or original process issued by a court
not of record, where the amount claim
ed is 100 dollars or over, . 50 et.
"Upon every confession of judgment or
cognovit for 100 dollars or over, except "V
in cases where the tax tor a writ has
been paid, SO ci-'
"Writ or other process, appeals from jus- -tices
courts, or other courts of inferior - ; '
jurisdiction, to a court of record, - - 5ft eta.
Warrants of distress, wheii the amount ot
rent claimed docs not exceed 100 dol
lars, 25 cts.
When the amount exceeds 100 dollars, 50 ets.
Insurance, Marine, Inland and Fire.
Where the consideration paid for the
insurance, in cash, premium notes, or
both, does not exceed 10 dollars, 10 cts.
Exceediug teu dollars, and not exceeding
lilty, 50 cts.
Insurance, Life, -when the amount insured
docs not exceed 1,000 dollars, 25 cts.
Exceeding 1,000 and not exceediug 5,000
dollars," 50 ets.
Exceeding 5,000 dollars, $1 00
Lease or lease of lauds or tenements
where the rents does not exceed liOOper
annum, 50 cts.
Exceeding 300 dollars, for each addition
al 200 dollars, or fractional part thereof,
in excess of oOO dollars, 50 cts.
Perpetual, subject to stamp duty as a
Clause of guaranty of payment of rent
incorporated or indorsed, live cents ad
ditional. Measurers' Return, if for quantity not ex
ceeding 1,000 bushels, 10 cts.
Exceeding 1.000 bushels, 25 ets.
Mortgage, trust deed, bill of sales, or
personal bond for the payment of money
exceediug 1U0 and not exceeding 500
dollars, 50 cts.
Exceeding 500 dollars for every addition
al 500, or Iractional part thereof, in ex
cess of 500, 50 cts.
Pawner's Cheeks, 5 cts.
Passage Ticket from the United Slates to
any foreign port, costing not more than
JJ.J dollars, 50 cts.
Costing more than 35, and not exceeding
00, . 1 00
For every additional fifty or fractional
part thereof, in excess of 00 dollars, 1 00
OENEUAXj HEM ARKS.
Revenue Stamps may be used indiscriminately
upon any of the matters or things enumerated in
schedule B, except proprietary and playing card
stamps, for which a special use has been provided.
Postage stamps cannot be ttsed in payment ol
the duty chargeable on instruments.
It is the duty of the maker of an instrument to
aflix and cancel the stamp thereon. It he neglects
to do so, the party for whom it is made, may
stamp it before it is used ; and if used after the
30ih of July, 1S01, and Used without a stain), it
cannot alterwards be effectually stamped. Any
failure upon the part of the maker of an instru
ment to appropriately stamp it, renders him lia
ble to a penalty of t wo hundred dollars.
Suits are commenced in many States by other
process than writ, viz: summons, warrants, pub
lication, petition, iSre, in which case these, as the
original process, severally require stamps.
Writs of scira facias are subject to stamp dutj
as original processes.
The jurat of an aiiidavit. taken before a Justice
of the Peace, Notary Public, or other oflicei duly
authorized to tuke affidavits, is held to be a cer
tificate, and is subject to a stamp duty of five
cents, except when taken in suits of legal proceed
ings. Certificates of loan in which there shall appear
any printed or written evidence of au amount of
money to be paid on demand or at any time de
signate d, are subject to stamp duty as Promisory
The assignment of a mortgage is subject to the
same duty as that imposed upon the original in
strument; that is to" say for every sum of Jive
liundi-ed dollars, or any fractional part thereof, of
Ihe amount secured by the mortgage, at time ol
its assignment then" must be ullixcd a stamp or
stamps', denoting a duty of five cents.
When two or more persons join in the execution
of an instrument, the stamps to which this instru
ment is liable under the law, may be atlixed and
cancelled by one of the parties.
In conveyances of real estate, the law provides
that the stamp aflixed must answer to the yiluc
of the estate on interest conveyed.
No stump is required on any warrant of attor
ney accompanying a bond or note, when such
bond or note has aflixed thereto the stamp oi
stamps denoting the duty required, and whenever
any bond or note is secured by mortgage, but one
stamp duty is required on "such papers, such
stamp duty being tiie highest rates required for
such instruments, or cither of them. In such a
case a note or memorandum ot the value or de
nomination of the stamp atlixed should be made
upon the margin or in the acknowledgement of
the instrument which is not stamped.
11 U P TUKE
These instruments are entirely new, both in
Principle and Action, from all others Light
Clean and Easy no pressure on the back In
ward and Upward Motion Cures the most obsti
nate cases of Rupture. Pamphlets free. Sold at
wholesale and retail.
White's Patent Lever Truss Company,
No. GOO Broadway, New York.
April 17, I860 Cm.
PETER AND PEGGY VINSON, (COLORED.)
of Halifax County, wish to obtain information of
their child, named Kimna, commonly called
"itow." She formerly belonged to Mr. Chas.
Henderson, of Mississippi, and was brought and
left by him in Lincolnton, N. C.
She is dark complected, and about fourteen
years of age. Any information will be gladly re
ceived by "her parents at Brinklcyville, Halifax
County, N. C, or by Caroliue Hays, Exchange
Hotel, Raleigh. may 11 tt
THE KALEIGH XATI0.XAL BAAK
GEO. W. SWEPSON, President; JOS. S. CAN
NON, Vice President; W. B. GUL1CK, Cashier.
CI OLD AND SILVER COIN, EXCHANGE,
X United States, State and Railroad securities,
bought ani sold. Also, uncurrent money.
Agent for the sale ot Reveuue Stamps. 21 ly.
Oondict, Jennings & Co.,
SADDLERY, HARNESS, LEATHER,
., Cc, ?.,
Nos. 55 & 57, White St., New York.
JENNINGS, THOMLINSON & CO.,
april 21 15-0m. Chablestoji, S. C.
MPROVED WATER POWER X
2 PIECES OF VALUABLE WATER POWER,
with land, near Raleigh, for quick sale low, suit
able for any kind of manufacturing. A rare
chance for good investment.
Also, City and Country Real Estate of all kinds
for sale. Apply to
L. P. OLDS & CO.,
Raleigh, may 18 3t. Hillsboro St. "-
J ATHROP, LUDINGTOH & Co.,
330 Broadway New York,
Offer to Southern and Western Jobbers and Re
tailers, at the lowest market prices,
FOR CASH, ; , -v
A VERT LARGE AND ATTKACTITK STOCK OT
CLOTHS, NOTIONS, HOSLEUT, WHITl GOODS, AC.
Speech of Robert P. Difck, Esq.,
OP GUILFORD COUNIT,
Made in the Contention on the 2d day of June,
upon Mr. McDonald's Resolutions declar
ing the Sbitc of the Country, cC-e.
Reported by C. II. Fa.-rell of the N. Y. Herald,
and revised by Mr. Dick.
Mr. President : This Convention was
called together for thepuiposc of restoring
Nortb-Carolina to full connection with the
government of the United States. We will
lie recreant to duty unless that great purpose
is accomplished, or we make every reasona
ble eifort to complete our work. .If we ad
journ and leave the State in her present
strange find anomolous condition, a deeper
gloom will settle upon the minds of our
people; and the dirliciil ties and dangers
which now surround and embarrass us, will
be greatly increased. One if the most im
portant political contests ever known in his
toiy, is now carried on between Congress
and the President, and we cannot be indif
ferent spectators, as the issue of that contest
decides our destiny for weal or for woe. If
we would aid our friend, the President, our
stern, stubborn aud sullen acquiescence must
give way to a spirit ot" cheerful and heartfelt
loyalty. Any course of conduct that weak
ens the hands of our friends, and strength
ens our political enemies, is impolitic, un
wise, and even dangerous.
In entering upon this discussion, I desire
to express my opinion upon many questions
of great public interest which may bo legiti
mately introduced into this debate. These
are times when new and important questions
are to be discussed and promptly decided.
We have no precedents to guide our action,
and we must be influenced by patriotic im
pulses, and calm and deliberate judgment.
We are the representatives of the people, and
we must endeavor fully to comprehend the
situation of aliairs, and then rise equal to
every emergency. We must not follow the
prompting of se.fish ambition, or be con
trolled by the passions and prejudices of the
past ; for vital interests are at stake, and a
new destiny is before us. We must show
ourselves to be patriots and not mere parti
zans. We are now arraigned before the bar
of public opinion, and we must speak and
act wisely, consistently and patriotically if
we expect to obtain the confidence and re
gard of either the government or the peo
ple. Great events have crowded upon us
with wonderful rapidity, and we must shrink
from no responsibility which they impose.
I feel fully the difficulties and embarrass
ments oi our present position. The dark
and bloody past is behind us, and it is hard,
hard to forget, fur it is so full ot misfortunes
aud sail memories. The voices of nature
speak to our hearts and wake our deepest
and iiercest passions but true wisdom tells
us to forget them, if we would have a peace
ful and prosperous future.
We must all know that there can be no
prosperity and freedom in North-Carolina
until the State is completely restored to full
connection with the government of the Uni
ted States. This State was one of the glo
rious thirteen of revolutionary fame, and she
once occupied the proud position of equality
among her peers. Then she had all the ele
ments of greatness, and her people were free,
prosperous and happy. She had a constitu
tion which secured all the great principles of
liberty. She had a system of good and wise
laws that were speedily and justly adminis
tered. She had a public credit that held
high position in all the money markets of
the world. She had a school system that
was rapidly increasing public virtue and in
telligence, and in every way she was moving
on in the grand march of educational, po
litical and social progress. I5ut in an evil
hour, controlled by unavoidable circumstan
ces and unwise counsels, she broke loose from
the government which she had so long pro
tected, honored and loved, and for four years
her history has been full of sorrows and mis
fortunes. Fifty thousand of her best and
bravest children are now either the mutila
ted objects of sympathy, or they sleep in
untimely graves. Her government is almost
without vitality and power. Her courts are
no longer the forums of speedy justice. Her
munificent school fund has vanished like a
dream, and her public credit is bankrupt.
Her labor system has been overturned, and
her fertile fields no longer yield their abun
dant treasures to well regulated industry.
The private fortunes of her people have been
scattered like chaff before the whirl" ind, and
their energy and enterprise have been crush
ed by frequent disasters, and now in humili
ation and poverty they have to struggle for
a bare existence.
Our situation is certainly gloomy and de
pressing, but our future destiny depends
much upon our own action. What, then, is
our duty ? We must restore peace at home.
We are informed by high authority that a
house divided against itself cannot prosper.
Wc must cease to quarrel with one another,
and cultivate kindness of feeling. We must
not indulge incrimination and recrimination
for past differences of opinion. We must
forgive one another if we hope to be forgiven.
I want to see our people united on the broad
and enduring political principles of devo
tion to the State and loyalty to the general
government. These two feelings are by no
means inconsistent, but together, they con
stitute true American patriotism. I will say
here to-day, what I would say before the
Congress of the United States, or any where
else, that I love North-Carolina better than
any other spot upon which the sun-light of
heaven has fallen.
In reconstructing our State government
we must adapt our constitution and laws to
the emergencies of the times, and then we
must faithfully enforce and obey them. The
wealth and prosperity of our people can only
be restored by labor. We must all go to
work in earnest. With energy and intelli
gent industry we must develope our agricul
tural, mechanical and mineral resources.
We have the same great treasure, house of
God, out of which our ancestors dug the
wealth which they transmitted to us, and if
we will labor we too can gather the rich gifts
of prosperity. In society and in legislation
we must create inducements to prevent the
emigration of our people and invite foreign
capital, energy and enterprise. We must
give a glad and cordial welcome to all those
who come to help us. We must not treat
them as strangers aud aliens, but we must
take them into our houses, and esteem them
as our friends and benefactors.
"' We have a great work to perform, and it
ought to call forth the highest qualitesof the
mind and heart. Our noble old State cloth
ed in the sackcloth of mourning, is prostrate
in the dust of humiliation and poverty, and
"we must restore her to the high position
which she deserves to occupy. If we will do
our duty as men, as patriots, and as citizens
the great work can and will be accomplish
ed, and a decade will not pass before the
waste places of our land will rejoice in beauty
and abundance, and although ourpeoplemay
; be saddened by many a dark memory they
will be content and prosperous.
Mr. President, I now . propose to take a
brief survey of the field of present political
discussion and try to show the true position
of North-Carolina, and reply to some of the
objections made to her restoration to the
benefits and privileges of the Union. She
was once a member of the Union and enjoyed
to the full extent her constitutional rights.
She entered into that compact of States by
the free a:.d volentary act of her people, and
she had no reserved right to secede there
from at her own will and pleasure. A con
trary doctrine would be perfectly suicidal to
any government formed by a confederation
The Articles of Confederation had proved
by a short experience to be a complete failure
in uniting, harmonizing and strengthening
the various States that composed that form
of government. The wisdom of our fore
fathers had been enlarged and matured by
the experiences of the revolution, and they
plainly saw that the new republic could not
be permanent, prosperous and powerful
without 'a stong Coustitutional bond of
Union. AVith the eye of political prophesy
they looked down the distant future, they saw
the difficulties and dangers that were in the
way of the nation's prosperity andgreat
ncss. and they with confidence and hope es
tablished the Constitution, to make a perfect
Union. Their object was to make a perpet
ual Union, and no reasonable man can be
lieve that they incorporated in the Constitu
tion the principle of secession, the very seeds
I have always believed that the doctrine
of secession was wrong, and any attempt to
carry it out was a high political crime. The
right ot revolution is inherent in the people
in every form of government, but the exer
cise of that right can only be justified when
the people are suffering from intolerable
grievances and unwarranted oppression. The
recent rebellion was an effort to carry out
the doctrine of secession, and was never
claimed by our leaders as an attempted revo
lution, as they well knew that it could not be
justified before the world, for the constitu
tion was observed, the laws were faithfully
administered, and the Southern people en
joyed an excess of happiness, wealth and
A large majority of the people of North
Carolina were opposed both to secession and
revolution, as they loved the government of
their fathers with an ardor of patriotism
which was excelled by no other people. A
combination of circumstances which could
not be controlled forced North-Carolina into
the rebellion. I will not now enumerate
these circumstances, as they are matters or
public history, but I venture the assertion
that there is no State, I care not how loyal
it may claim to be, that would have acted
differently under the same condition of
things. There are stern laws of necessity
which neither States nor individuals can
I successfully resist. Self-preservation is the
lirst great law that nature teacne3 to man,
and States if true to themselves will obey it.
The storm of rebellion had risen in the
surrounding States, and if North-Carolina
had resisted, she would have been the first
victim of its fury. Civil war would have
lilled the land with conflagration and slaugh
ter, and the devastating armies of both sec
tions would have made her a place of smoul
North-Carolina, by her act of rebellion,
did not dissolve her connection with the
Union. This was the position oi President
Lincoln, and it was maintained by his ad
ministration during the progress of the re
bellion. This was tjie rallying cry that
gathered the immense masses of the North
ern army. The object of the South was to
destroy the Union the object of the North
was to maintain it ; and the North was suc
cessful, and the Union was preserved.
North-Carolina is still in the Union, but she
does not occupy the same position as the
loyal States, for the rebellion has tempora
rily restricted her privileges and paralyzed
her powers, and she can be properly held in
that condition, until her people, by act and
spirit, have shown themselves truly loyal ;
and then she ought to be restored to all her
rights. It is a well-established principle in
the law of nations, as laid down by Vattel,
in his learned and elegant treatise on that
subject, that it is the paramount duty of a
government to preserve itself from destruc
tion, and when that is done, as soon as pos
sible, restore all of its parts to full vigor.
As soon as North-Carolina establishes the
fact of the true loyalty of her people, it is
the bounden duty of the Federal govern
ment to accord to them all the rights and
privileges of the Constitution and the Union.
I also believe that it is the duty of the gov
ernment to crush out every vestige of seces
sion and disloyalty. The Union of the
States must be preserved ! The peace, pros
perity and happiness of this great nation,
and the sacred principles of human liberty
depend upon it. It must be alike defended
against the attacks of secession and the
spirit of morbid fanaticism. The Union
will not be preserved, and its operation will
not be perfect until all the States are re
stored to the blessings and privileges of the
Constitution, as equality of rights among
the several States is the fundamental princi
ple of our system of government. Our form
of government may well be compared to the
Solar system. In that system, the Sun con
trols the planets, and keeps them in their
appropriate orbits. Without this control
ling influence, they would wander in wild
confusion and darkness amidst the limitless
fields of space, and rush on to inevitable
ruin. But Omnipotent Wisdom established
a perfect system, and by infallible laws the
Sun and planets exert upon each other their
proper powers and influences, and every
thing moves on in order, harmony and beau
ty. If the Sun were to swallow up the
planets, or the planets were to leave their
orbits, the whole system would be deranged,
and the human mind cannot even conjecture
the fatal consequences.
The wisdom of our ancestors established a
central government among the States to form
a "more perfect Union." They withheld
from this central government powers which
would enable it to swallow up the States,
but they invested it with powers sufficient
to control the States within their proper
spheres. Any act which tend3 to destroy
the just and harmonious equilibrium of the
government, is revolutionary and dangerous.
The General Government is possessed of
limited ana delegated powers,' and cannot
constitutionally usurp or interfere with the
reserved rights of the States. The true States'
rights doctrine is, a strict construction of
the Constitution, and a rigid enforcement of
the delegated powers of the General Govern
ment. Consolidation is almost as dangerous
to liberty as disunion, for it leads to despot
ism, while the other leads to anarchy. The
advocates of either of those doctrines are
alike unfaithful to their constitutional obli
gations. Now that the rebellion is crushed,
there ia a strong tendency to the centraliza
tion of power. - " -
The only safety to our free institutions is
a strict observance of the Constitution, and
thus preserve the proper relations between
the General Government and the several
States. When this principle is fully recog
nized and acted upon, the Union will be
complete. When this great work is done,
the world will look with wonder and admi
ration upon the magnificent spectacle, and
the lovers of liberty will every where rejoice
at the triumphant success of the " Great
Republic." And cannot the patriotic citizen
hope that 'time will bring forgetfulness of
past bitterness; and that mutual forbear
ance, kindness, and forgiveness, and the
sweet influences of our ho'y Christianity will
make us again a happy and united people ?
Mr. President, the members of this Con
vention arc actors in this great work of re
conciliation, and we will have to answer to
our people and posterity for our action. We
have a difficult task to accomplish, but I sin
cerely believe that if we will be actuated by
a proper spirit we can overcome every ob
stacle. God lias not forgotten to be gracious to
our people in this time of gloom and disas
ter. He has placed at the head of our gov
ernment a man just suited to the occasion. I
sincerely believe that Andrew Johnson is an
instrument in the hands ot God to restore
peace and harmony to this divider", and dis
tracted country. He is a representative man
of true American republicanism. By force
of intellect and public virtue he has risen
from the humblest walks of private life to
the highest position on earth. He now
stands forth as the greatest and most patri
otic of statesmen, and he is destined to win
the proud title of" Restorer of the Republic."
He thoroughly understands the nature of
our government, for during his whole life, it
has been the subject of his constant study
and the object of his ceaseless love. In his
action towards the South he has been just
and generous. While we were in rebellion
he was our uncompromising foe, but now that
the government has triumphed in the con
flict, he is our magnanimous friend. After
long and anxious deliberation he devised a
plan of restoration which he has submitted
to the American people, and upon their de
cision hangs the destiny of free institutions
upon this continent.
The first principle which the President as
serts is, that the Southern States did not by
their attempted secession dissolve their con
nection with the Union. He also asserts
that they are entitled to all the benefits and
privileges of the Union as soon us they are
restored to the healthful condition of true
loyalty. The only question which ought
now to be determined is, have the rebel
States shown this true loyalty ? The Presi
dent was generous enough to indicate to the
States what he regarded as proper tests of
First, the States must declare their ordi
nance of secession null and void, and thereby
deny their right to secede from the Union.
This has been done by the Southern States ;
but whether it was done under the force of a
stern necessity, or in a spirit of true loyalty
is still a doubtful and undecided question.
We talk right, but our actions will speak
louder than words. The American people
are determined that this heresy of secession
shall be given up forever. It has been a dis
turbing element almost from the very founda
tion of the government, and it has produced
the bloodiest rebellion in the history of man.
The dead Confederacy must be buried beyond
the hope of resurrection, and we must cease
to mourn over its grave. Without regret I
consign it to its merited doom, and turn
with cheerful and loyal heart to the govern
ment of our fathers.
Mr. President, the political platform upon
which the whole Southern people should
stand is. present loyalty honet and sincere.
This is the only common ground upon which
we can all meet anil harmonize conflicting
opinions, and it is the only position which
we can take with truth and a proper self-respect.
It is useless to tell the North that a
majority of our people were at all times loyal
to the Union, for the striking facts of history
will contradict such an assertion. Our peo
ple were loyal and devoted to the Union un
til the war began and assumed a sectional
character, and then sixty thousand of our
best and bravest, men voluntarily rushed to
arms, and for four years in the midst of pri
vations, difficulties and dangers, fought with
a chivalric and stubborn valor which has
never been excelled either in ancient or mod
ern times. A large majority of these, men,
up to the very outbui-st of the rebellion,
would have bravely died beneath the old
flag for the preservation of the Union. But
the terrific storm of sectional strife for a
time swept everything before it, and there
was scarcely any organized opposition to the
madness of rebellion.
Mr. President, I feel that I can with pro
priety allude to a distinguished man who
was a type of conservatism at the commence
ment of the rebellion. I refer to the Hon.
George E. Badger, and I have chosen him as
an illustration because be is now gone, and
" honor's voice cannot now provoke the si
lent dust, or sooth the dull cold ear of death."
He fought his last battle for the Union in
February, 1861, and gained a glorious tri
umph. During a long life the Union was
the shrine of his political devotion, to which
he had carried as offerings the warmest affec
tions of his noble heart and the richest gifts
of his splendid intellect. Wbeo he saw, as
he believed, that hallowed shrine in ruins,
he turned from it with a sad heart and join
ed his fortunes with his own people who had
so long honored and loved him. He strug
gled bravely to maintain the principles of
civil liberty in the government of his adop
tion, but his hopes were gone, and soon, the
"silver cord was losened and the golden
bowl was broken " at the fountain of his
life. I wish he was here to-day in his vigor
and m iturity, for he would be to us a guid
ing light in our thick darkness. The pplen
did orb which shone so brightly in the noon
tide of our country's glory went down amidst
clouds and storms, hut it has risen in a
fairer land, and it will shine in an endless
Mr. President, there were a great number
of our citizens who. before the close of the
rebellion, earnestly desired peace and restora
tion to the Union ; but our rulers were deaf
to all remonstrance, and with a blind infatu
ation urged on the hopeless and deadly
struggle to the humiliation and ruin of sub
jugation. I can forgive these architects of
ruin, but I can never tru6t them in recon
structing the political fabrics which thej
have overthrown. Many of those men who
were prominent in the rebellion, and prefer
red subjugation to peace with tbUnia, are
now manifesting a strong desire to maintain
their former political power, and nnfortu
nntely for the . reconciliation of' the country
they are too often sustained by the people.
These men .with apparent willingness gave,
tip their negroes and money, but they regaxdj
it as a terrible hardship to yield poStical
power, and this they call " eating tftf "Wo
must remember that the Northern people
have like passions with osrselves, which are
excited by similar causes, Whave lost our
property and many whom we loved in the
rebellion, and this remembrance is calculat
ed to fill our hearts with bitterness ; and
tbere is also, mourning in thousands of