*T-I II3J Ci.JO £DJ r Duke University Libraries Circular letter Conf Pam q#48 D e ni31317Y t of ^oittl] Carolina, HEAD QUARTERS, JANUARY 8, L862 To the Honorahh tht President and Members of the Convention: From your official notice just received, and the Ordinal enclosed me, I perceive that the Executive power has been, to a greal extent, remodelled. I shall endeavor faithfully to do my humble pari in attempt- ing to execute this Ordinance as tar as 1 can, hut it is ilue to the Legislature, who have entrusted to my oare the Executive sower as established under the Constitution, to say that I seriously think the Ordinance that you have new passed, will, in its practical operation, greatly weaken the Executive as created hy the Constitution. 1 understand from the Ordinance that no appointment, even of the humblest kind, is to be made, except by a deliberate vote of the new Council to be created. The eighth section requires that the record of all the pro- ceedings of the Governor and Council shall be laid before the Convention. I do not know if I am to under- stand that all the proceedings of the Governor are to be laid before the Convention. I do not know if all orders to be issued, relating to the military, are first to be submitted to a vote of the Council. If so, there will be great imbecility in acting as Commander-in-Chief. As it is an Ordinance passed deliberately by the highest and most unlimited power, I shall feci it my dutj cheerfully to try and execute it to the letter. \\ ■ are an educated and informed people, and the real strength of an Executive consists iii doing what is right and just, faithfully for the public interest. Any unusual or arbitrary power will create suspicion and jealousy, unless it be obviously necessary under circumstances where the usual authorities cannot act. We are under an almost absolute military government, and, by the acts of your Convention, the State has been trans- ferred under the jurisdiction of the Confederate Covernment, and Confederate Generals have, practically, all power over the resources and defences of the State. There is but little left for any unusual exercise of Execu- tive power in the State. I beg leave, most respectfully, to make this communication as due to my office and to those who appointed me to the exercise of the powers confided to me under the Constitution of the State. The threatening aspect of public affairs, with a large force invading our State, demands the utmost for- bearance possible, and precludes nie from the course that would be more agreeable to myself and more just to the power from which I received my appointment. This course would be more imperative from the considera- tion that the Banie < Irdinance pn,\ ides for the perpetuation of this power by enabling any twenty mi n, from any motives whatever, to call the Convention together. I do not desire to be the means of creating the least division in the public mind under existing eireum- t nice,- I therefore make this communication to your body in secret session. I have never, for one ment, had any motive in any public act while in office, except to sustain the honor, rights and independence of my State Winn all the circumstances arc known, as they will he in history, neither time nor scrutiny can change the verdict of posterity P. W. PICKENS. The Convention, at it- late meeting having made its proceedings publio, and referred the continuance of the Executive Council, and express^ made if responsible to the Legislature, ii is thought proper to send this LI b in. ml, ei October 2S, 1862 Digitized by the Internet Archive in 2011 with funding from Duke University Libraries http://www.archive.org/details/circularletterreOOsout pennulife* P H8.5