NORTH CAROLINA. 



629 



establish, it will be sufficient to present the 

 following extract from his concluding remarks: 

 " In the first part of our work we have shown 

 that the principle of non-intervention repre- 

 sents the autonomy and liberty of nations, and 

 that it is the fundamental principle of the law 

 of nations. We have seen that, whatever di- 

 plomatists and statesmen say of it,* notwith- 

 standing, it is the absolute rule of right which 

 admits of no exceptions, save only in the case of 

 defending a people's nationality and independ- 

 ence; in which case there is a brotherly suc- 

 cor, or an anomalous alliance, if one may so 

 term it, rather than a true intervention. In 

 the second part we have examined into the 

 various cases of intervention that have oc- 

 curred in modern times, condemning and jus- 

 tifying in conformity with these principles. 



"Now we must answer an objection which 

 naturally presents itself before us. It will be 

 said, Where is the worth of the principles for 

 which you contend, since history informs us 

 that they are constantly violated and that in- 

 ternational law has a purely moral value, it 

 being deprived of the power of compulsion? 

 We answer that the intrinsic virtue of a prin- 

 ciple is not destroyed by the force which op- 

 poses or retards its practical application ; that 

 the science of right has performed the duties 

 of its mission when, resting upon evident dem- 

 onstrations, it declares successful injustice to 

 be iniquitous, and, holding it up to the execra- 

 tion of the world, tends at least to impede its 

 propagation and lessen its mischievous influ- 

 ence on the destinies of mankind. There is 

 certainly no tribunal superior to states, which 

 might punish the violations of the principles of 

 international law ; but we call to mind as pro- 

 foundly true the maxim of the German poet, 

 ' The world's history is the world's tribunal ! ' 

 Yes, history is the people's tribunal ; and it is 

 in its immortal pages we see the fatal effects 

 produced by the violation of the principle of 

 non-intervention ; the bloody wars of succes- 

 sion, the dismemberment of Poland, the ter- 

 rific republican wars and the wars of Napo- 

 leon, the tragical end of Maximilian, are elo- 

 quent examples which show the justice of the 

 principle of non-intervention, and the perni- 

 cious consequences produced by the violation 

 of it. If there is no supreme tribunal, how- 

 ever, which might enforce the observance of 

 this principle, it is the duty of a wise and en- 

 lightened policy to observe it and to cause it 

 to be observed." 



NORTH CAROLINA. STATE OFFICERS, 

 ETC. Governor, Thomas J. Jarvis ; Lieuten- 

 ant-Governor, James L. Robinson ; Secretary 

 of State, William L. Saunders ; Treasurer, John 

 M. Worth ; Auditor, William P. Roberts ; Su- 

 perintendent of Public Instruction, John C. 

 Scarborough; Attorney - General, Thomas S. 



* Wheaton and Calvo, writers on international law, and 

 Guizot and Chateaubriand, politici ins, say that, in this mat- 

 ter, principles of certainty can not be set down, and that all 

 depends upon the circumstances of the practical policy. 



Kenan. United States Senators, Zebulon B. 

 Vance and Matthew W. Ransom. Represent- 

 atives in Congress (elect), Walter F. Pool, 

 First District; James E. O'Hara, Second Dis- 

 trict; Wharton J. Green, Third District; Will- 

 iam R. Cox, Fourth District ; Alfred M. Scales, 

 Fifth District ; Clement Dowd, Sixth District ; 

 Tyre York, Seventh District; Robert B. Vance, 

 Eigbth District; Risden T. Bennett, State at 

 large. The apportionment act of Congress, 

 in conformity with the census of 1880, gave 

 North Carolina nine members of the House of 

 Representatives one more than the number 

 of her Representatives in the Forty-seventh 

 Congress. As the Legislature was not in ses- 

 sion to define the limits of the additional con- 

 gressional district, and as there was no statu- 

 tory provision for the election of a Congressman 

 by the " State at large," the question arose as 

 to what course should be pursued so that the 

 State would have the full representation to 

 which she will be entitled in the Forty-eighth 

 Congress. The Governor requested the opin- 

 ion of the Attorney-General, his "constitu- 

 tional legal adviser," which that officer gave, 

 to the effect that there must be " an express 

 warrant of authority to hold a legal election " ; 

 that the election law of 1876-'77 makes no pro- 

 vision for holding an election " for a member 

 of Congress to be chosen by the votes of the 

 State at large," but says that the State shall be 

 divided into eight districts, designating the 

 counties embraced in each; that, though the 

 power to make or alter the regulations made 

 by the State for holding elections of Senators 

 and Representatives is among the powers dele- 

 gated by the Constitution to the Federal Gov- 

 ernment, that power was not exercised by the 

 apportionment act, which only says that, if the 

 State be entitled to an additional Representa- 

 tive, he may be elected at large, and if the 

 number be decreased, the whole delegation 

 shall be elected at large, unless the Legislature 

 has provided, or shall otherwise provide, before 

 the time fixed by law for the next election of 

 Representatives; that the apportionment act 

 has not undertaken to designate the " places " 

 or prescribe the "manner," or "make "any 

 " regulations " for holding such election ; that 

 the State statute fails to meet either contin- 

 gency an increase or decrease in the num- 

 ber of Representatives ; that a change in the 

 number necessitates a corresponding change in 

 the election law, as well in the case of a gain 

 of one member as if the number had been de- 

 creased, and that, for a legal election, the 

 machinery or details must be provided by the 

 law itself, and not supplied by inference or im- 

 plication. " The fact that the law authorizes 

 the election of officers therein named, by gen- 

 eral vote, furnishes the best reason that it does 

 not apply to officers not therein named." He 

 therefore recommended that an extra session 

 of the Legislature be called, as any action would 

 be " illegal unless authorized by some positive 

 statute." On the receipt of this opinion, the 



