Further report from North Carolina induced Mr. Sumner again to
bring the action of Mr. Stanly before the Senate, in the hope
especially of reaching the country, and also the Administration.
Whereas Edward Stanly, assuming to act under a letter from the
Secretary of War, calling him Military Governor of North Carolina, a
post unknown to the Constitution and laws of the Union, has undertaken,
by virtue of such military authority, to surrender fugitive slaves,
contrary to the intent and meaning of an Act of Congress recently
adopted; also to banish an American citizen, in violation of personal
rights secured by the Constitution; and also to close and suppress
schools maintained by the charity of good men for the education
of colored children, in defiance of every principle of morals and
religion, and to the discredit of our national character: Therefore,--
1. _Resolved_, That the President of the United States be requested to
cancel the letter of the Secretary of War under which Edward Stanly now
assumes to act.
2. _Resolved_, That any such letter, assuming to create any person
Military Governor of a State, is without sanction in the Constitution
and laws, and that its effect is to subordinate the civil to the
military authority, contrary to the spirit of our institutions, and in
derogation of the powers of Congress, which, where a State Government
falls into the hands of traitors, can be the only legitimate authority,
except martial law.
Mr. Carlile, of West Virginia, objected to the consideration of
the resolutions, and they were postponed.
These resolutions presented again the question of the Power of
Congress over the Rebel States, first opened by the resolutions
of February 11, 1862.[76]