page has errors
The date, title, or page description is wrong
This page has harmful content
This page contains sensitive or offensive material
Click "Submit" to request a review of this page.
0 / 75
l yU,'lll(, -J' " -iiv
- r . . .
i .". 1 i ' "
1VH. E. ILL, .
YfednrsdHy Evening, Jutf ,
Foa ten ConsTituTion Or tb Uiirreo Btatm,
AS IT IS, th Union AS IT WAS.
" Ho Tvurmt Avixumemi " u
ron oovi:uoii, '
. Bemcmber that tlie ele-ilMS for tbe
rstilfleatloii off he amended onstttp
tlon mfSorth Carolina, will Ik licld ea
theSd., 3rd. stnd eih of August nest,
througliotit the State.' ' 1 '.
i .1- . '. J Ji-iuLjaa
a, ' . :...('-'--
The Sentinel, the organ of Got. Worth, Very
coolly announces the purpose which Am -been
formed in Kaleigh to detest th new Constitw
tion. ifUmditrU. . i
' The above is a total misapprehension. ' If any
purpose hss been funned in Raleigh to- defeat
the new Constitution, we bare not beard of .it-
. The connection of Gov. Worth's name with the
matter U based upon a false impression and
nloes him Injustice, and we call upon the BUi-
' imi to correct the Impression non-lit to be
W.i. T r 1 - . W , ll. t , , & i . .-. ... ! mp.m ,.
- ion as to the powers of the Convention or the
new Constitution, that opinion baa not beta
made public, or expressed to sr,y one author
bed to make it known. Indeed, regarding the
t Conrention aa aa independent body and totally
distinct from hi oflke, he bat not fult bimiwif
at liberty, unlet directly approached, to give
' " an opinion, we take tne liberty, However, or
saying that we have beard Got. Worth express
no opposition to the Constitution, e$m vfwU,
" believing it in the mala to be well arened eml-
We will briefly state our ovn position :
1. Aa to the power of the. Cpnvtnllnn,' our J
tniod b& ondurgone no change as to th posi
tion we first took : that the power to euli tha
Convention originated In the military authority
of the rrcrUJiitk thut the exercise of this au-
- thori'y u pror la k,l4tking into flow
the vivws of the PrefeiJcnt and the surrounding.
. 'cirenmstanoen not that a better way was al
remly providedthat the election of tha dele-'
guti.-s wi a simple acquiescence by the pesple,
nnd'f the circumstances, and Dot What they
" "would have done, if otherwise situated. f
i. TJjiit the Convention was called for ipe
, clo p-trpoe and limited in Its power that
when the rrcHident doclared that speciSo pur-
.' pone l.'i 1 been accowplinhed, as be did in bis
i" ' - ! '
tlon e in 1, end it ouyht then to have adjoorn-
' ' 8. 1 lie Convention, However, enwruuning
d'.y tmt opttibm,' proceeded to engnge In the
uik of revi-in, amending arul re-writing the
Bn'ire oro-fHiIo law. and in ordiiiurv lcclslatkm.
While we believed Its proceedings la these re
ap..' iiTwere irrcgularand without proper warrant
from the people, and in opposition to our nsual
approbation of tu people, we wew ready to
acquiesce in thvir derinion.
-. '4. Several of the ordinances, passed, seemed
in our judgment to be proper and necessary, to
tnctst the exigencies of the times. , Tht amen
dt-d Constitution, wr bsve said, was ariniirabla
in iu form, and by far theisrgcrportloti ws have
endorsed as mecHntr our own views. : Wsbave
stated that, ia several renpects, it wss objection
able, bat Inasmuch there way-eat danger,
at the present time, of failing to"8A as good a
Convtitiith.n.i-ither .by" ..V'syh'i ihe.' lPn.
it stood, or by the ajjeiicyol a new Convention,
we thought it safit and best, if the ratification
"by the people could (five validity to the instm
wi. t. it abmtl-l MTntii(t''--Tv-"
5. I.'ow we find the doubts as to the powers
of the Convention growing 'among" the people,
and ninny of t' first h ;;!il miuds of the ttsts
svj-reis the cj -ioion thut the ratification by the
people tun,4 jm-e it validity. From vsrfous
quaitcr, T , t and V. t, we hem of gro-.i '..
. ...v to the amended Cnt,lution. - I his
tntWrmaiion. and only tLK led tOOlU' remark in
rctcrcncs to the Lis.'uini.ii't Governor." ;We re
pent, if there is any J u:p-..-e ia this city to de
feat tlje tiew Constittition, (xcepi that most per
sons intend to do as they phrase, and Toto for or
a-A'mat it Hi thfT tnilT fleet, we do not Know ib
la order thai the people mi-y aet un 1 r ' aid
lnrr'T. iMil.'i h" to-duv bf WjtieHt, a I u I
from n al lc j
un to s member o! t I i
the Coir--' nf
("round broadly, tii
. i 1 . o, 1 t"
1 t i
tmj the C
1. 1 If
- t..e r
t ..i t:.e.
1 ' '
m, nj a
-i!e, mid in
ii t.t(,,,iin sis
it i;s a ! can-
" . ..-st f t' e
I t i-; r f i
.4 . .1
Ii 1 1 c li
r to i
,.i.n us, reu-
er it aim-, t c -r'..,o tUat wecaa
' a (' .:i ill so eol.x i va-
1, ( .11 8 I i V t ll. ' I.
ie t' sec1
weme w ' to .4 1 t'. s if it ' m Lo n n
,i 1 1 : n ,t ! in ' ; t ( jue win pee
it n.ian itidamleiir o' j lions tovaiious poit.f
in t' smcii led Constitution. . 1
Y.'eC" "-r with iMs writer on several poinds
I li -1
i . ..lie w, I. .
-ii in tin -e roluuins on this eub
: s s!,h! and muct be beard in a
r s vi
I r i i.e p.- fi (ih
... s iioiu t..e I. - hi . I
a Conver ; .,.n, 1 i n
if T in," 1J.S.II. Y..1
. .j i. w.,u the -;;. il c.
. mi l 1 ii.o K. Kerr, of How-
, f .
,s of the tneet.ng
rbikdslphl ConTentioa-"Test OatL",
Ws poblisbed on yesterday the programme
or platform made by tbe Execntivt Committee
of the National Union Club st Washington, In
oonertWn witls tbe call or invitation to take
seats in tbs Philadelphia Convention. Ws took
H Utt gtwnt tbwt tha Wit 'was madflaf-gnod
faUhj we llive m still. 'The aforesaid plat
form wa regard m the only eoaditioa repaired
of those elected to theConvsoiion. Xo outside
issue of test will or ought t be allowed. . :
.- But tbe eommltee speaks of Joy hi defegstem,
sad m -attempt is snade by eoase praeeee to
make lit impreasion that th lest of iojmy,
which will be msxie by beConvention, will be
tbs Congressional "test ,oath There Is no
iounda&HS fa tbl blea, In eonnectian with
this, also, the attempt is made to Impress the
public Inirid that I'resideat Minsoa Md Mr.
Howard, and other leading Conservatives, make
that oath s test of loyalty. . t, j;f ; v'tr
- We defy any one to show nnmistskably, that
President Johnson has at any time, said or done
ny thing, which files definitely the position,
thst be regards tbe teat oath" as the tree test
of loyalty. ' We take the seme position la re
gard to Mr. Seward of any ether prominent
Northern conservative';;' V.i , .;:..'
The act end sayiogs of the President and Mr.
Seward go to show precisely the contrary. But
certain expressions have fallen from both of
upon thein this meaning, Now, we understand
this to be their real aieaning :' ..The President
and Mr. Seward regard the "test oath" aa the
lsw of the land; and nnfil repenlcj or declared
unron, i. tutumal, must, be enforced, . Hence,
they prtferrtIt)n order to an early settlement
ef the di21culty, that the Southern people should
send rhicgrttt-t to Congress who ou!d take tbe
"tat oath." No one ever expected the Presi
dent to over-rids the lsw and . force debgatee
npon (he Congress, though it is well known tbst
beheld and now holds, that Congress bse .no
rightful authority to pssK laws for the" purpose
of keeping them out. - This t bis -position and
none other,; lis. has never endorsed the "test
bath" as a test of loyalty, nor does Mr. Seward,
bnt regards tt, nevertheless, as the law, and nntil
lawfully abrogated must be obeyed ;
- Again, Itobt, P. Pick, Esq.,-; of Ouilford
though we sre sorry to sey, be sets with those of
di:T rent views In othei respects, precisely en
presses tbs views of tbe President and of tbe
tone Conservative men in the land, when be
said in his lute speech In the Convention end
in Randolph, that bis test of loyalty, wss "pru
mi loyalty, honest and sincere." Such is our
lost and we know no other. ' .
- -The following important and interesting facts,
ws clip from the Petersburg Index: ,
Ws state, on tbe authority of tbe most db
tWnUlied names among whom those who have
innnpirate this movement, that the purpose
of tua smroiuJiijisConveution is to organize,
In pood laitb, a party for the Constitution
On tlie ssme authority we stnte that there is an
bmiexi. tieoii e to watte all differences arising out
of the part, and to take frankly andeordialTy by
the hiui l soy srvl all men who desire the resto
ration of Constitutional govermuent and the
support of the President's policy of restoration.
:" Col. Cald veil is yurued and
l I I S II I Wi ll.nH, ,
fed by the
1 11 ion prineuilea. - tie wss proscribed' from of
fice ss a Director en this account, and some
traitor is no doubt to fill bis place as President
of the Western U. C Ibml Standard. i,
$0 tar as Gov, Worth or ths Sentinel are In
cluded ia tbe above, we pronounce the State
ment false,. ; We defy tbe Standard to make
.good its oft-repented declaration, made without
tbs shadow of - proof, thst any man is pursned
or assailed in this State for bis fnlon principles.
The so-called "L'uion principle" bsve become
tbe cloak for all the meanness, chicanery , and
tots) IweftgietH'y, pevpettatedby the "mmnXitsX
TJnton men. The &-ntiiul has not alluded to
the "Union priuciphrs." of Itr. Caldwell, but to
his strong' proclivity! for Xadieat principles;
tnrl, as to bis Tconnectlor "With the Kailroad,
solely on seeotint of his Inability t manage tbe
Iins.i. . . ;. ;' ,.. . : " .'.
Vlnre is no Infony in thehintory of the blood
lot tyrants thut bave ill spruced our race more
Infiiiaotts in spirit Umn the proposition of the
Hon. Luke P. Poland, Bciistor from Vermont,
pieiteuu J'o'niT.l.iylugt ln theU, E Senate and
relerred to the Committee 00 the Judiciary,
It provides Unit in any action or .tort to per
son or pnnwrty done between April 13, ltjtli, "and
July 1, 1 "1, It h .,.:t I e luwtul to plead or give
111 1 iee 111 1 icr ui sai l aciion:
1. 1 lint at the tone when thewrong wss com
Bill te tlie I
t wis tie, loyal to the govern-
d t ites. V. .
BH'iit Of f
: li. Ill-it t e I
ni.J" wss ent;sed in losur-
i ii t r. .
'i "iinl the Luited BtuU
. ' ui.le-t end comforted, and
. ! 1
v. : 1 ti.e r lids and insur."cnts
s . It
4 . 1
r " ' 11 1
'i ,10 e
fjxiJ d. ;
' - -t of 1 lie I uilid Malts.
1 1 i- ' .i fur Slid obtained
e i H 1, ..t, rt lirvieg him of tbe
. et if either point shsll be n
t I.'e jrCi leans. ' ; ' .
J ' St All ti e rcMiits f
I -., n tnen, the IreiUment of
I v- I
1 . 1 1
y end i
.if " e t-t SOUVtiC ei.41llg
, He li sre now tu.10 ,r cir-
S sre w 1, 1 1 it I niti n'l.in
ii 1 1 on to
to 1. live.
, 1 V I .tl 1. ill CoOfW-il S lif
I el 0
i.-i.t (tiimtity of vei
l.i ' J I randy ami
' a Ii w d.i s st'o
k r on the watch tor
I f I
'I , . rt ll! IK it OUt
-nle.'-- -I ft t.i-t" '-11 lerry sn
U in 01 l .0 I i . i , , ' y id li.O Sclltelli'
li t.'nne 1 i' 'tis thus thiposed of
ll 1 .1 " I'-.m.-e w ill probably
. 1 w : h l. h ains !. Site ne
1 I... ; I y 'I irrv or..r. '
I T V, ,
r 1 s
r y 11
C lr.Jo sud
o t:ie I 1
I mort, on tlie uprefscround
ti it it woid 1 1
; more IlnJu sis in Confess,
s to party coiiulderatSons I
isWse "li I IojjJmmiuiii
Tht l&U ColVcatiei w4 it! Proposei Con
Tbe following letter, -which wriginaHywp-
pearedln the Wilmington r4f, has been
forwarded te ns by a friend, with request
for Its puhllcaUoe. - Ths. .points discussed saw
handled wrltti great-sMKtyr- r -"-7 ' --
Jfif that Sir: - "
s , ... . I need hardly as.
sure yew that my opinion concurs with yours on
"the basis of fepresenUtion" and that, with
out so r reference to the M8totistics"se operating
Upon tne preponderance or nomoers in tne rer
wreeentation of the different sections of ths
State. I-Trsrwell enooglrBitlslled -wttlr tt
previntis provisions of our Constitution on this
subject,' id their practical elfeot, end would
bava bewa content t abide by -tbeas stitb -ilut
I must own that, as tilings have changed In re
rard to ths nestroea. those nrovisions would not
now iest on principle sound l tlieory. Yct f
think them more sound than the one von adopt
ed ia Raleigh. Under our Republican system
tt seems riKht that one branch ot tbe legisla
ture ought to represent persona. When that is
said, the question nrises "what persons V 1 ssy
mil; because all are equally affected by tbe laws
that may be enacted. I do not mean tbst all
are lo vote for representatives : for m opinion
is quite to the contrary. All free men oii"Ut to
bavs equal civil riirlits ; that is, security in per
son and property by the. Constitution and the
laws made under .it. . Those are sain ml rights
inherent in freedom, and such security is not
only due to all persons, aa their ri'.-nt, but is
essential to tits feaee suit -welfsre of the body
polittr, - Mitt, as to political
which sre the same things, the considerations j
rnruis uowcis. t
are totally different. - TUey consist, not in the I
iiils iiwis uiciiuoiiefv as ueiLi wnutr in w,
but of tlie powers ever Hke Comtitntion and
laws. to make or alter thenu whkh iiriosi-
pally consist of the rights of being delegated
v msne tne lews oc 10 cooose ina uciegsies.
Thst bower or rltrht is not a nsturat one. but
conventional, and aocordtns ts the sense of the
community of tbe fitness of particulsr clsssess -
lor tbs exercise tnereot, regaru being baa to tne
homogeniety of the classes, the safrty of tbe
existing eoverwment, and tbe-security, In per
son and property, of. tbe most nomeroue, intel
ligent, virtuous, and valuable portion of the
population. These reasons bsve always exclu
ded women end minors, f the most fevered
race; front the exercise pf political powers in all
coon tries, end do still exclude thsnt ; it being
deemed ImpoIitU and uassfe to ooafids such
powers to those ersona ; Ths same - reasons
necessarily exclude negroes now, and ought to
do so tor e long tiros to eome, if not forever,
Bnt the enquiry still presents itself, whether,
though not voting, they ere not, properly, U
be included in the estimate of population, when
population is assumed as the Jtrvper ham ef r
presentation t It seems to me that they ought,
I agree that "the; Fsdeesl basis," es it wss gall
ed, the enumeration ef s certain proportion of
then es fixing tbe representation. Is gone; that
provision was founded on peculiar, circum
stsnees and reasons, which bavesceesed to be
applicable either to the Federal or Btsts
representatation. But what other provi
sion ought to take Its place t There are but
two that can be reasonably thought ot, if num
bers sre to regulate representation lo any ex
tent : nnd they ere, first, the number of voters.
hor, secondly, the number of people. YoorCou
vention, so called, rise adopted neither, net. In
stead of It, says tnonomtjer of eertaler clans
of the people, nmdy : tbe - whites in each
County; shall regulate the number of represen
tatives, of the County; thus making white wo
men, married br unmarried, nnd infanta, part
ot ths basis of representation. I do not com
plain that those portions ot oar white people
are thus included. But I fik why thev are lnt.Lao
etuUeU. au.l wiiv tne; ouirm u o ineiu-auai -
The answer is plain, that,' though non-voters,
they are es much bound by the laws that may
be made, and, therefore, asuucU interested m
them, a the white men who did vote for the
delegates ; and, therefore, tbe delegatee ought
to be men who are their neighbors, know' their
wants end condition, and sympathize with them
both in their wants and wishes ; and hence, the
number of those who represent such peopls
ought to be in proportion to the people of the
County, so as, in (set, to represent tbe "whole
people, and guard tns interests 01 all, wnetuer
voters or not : This is the vrinciole on Which
your body rejected the voters aa tns criterion of
tbe number 01 representatives, and took as tue
oriterion the whole white population, including
both voters and non-voters. My objection is,
that black free persons were not also incl uded,
not ss voters, but as fixing the representation la
point of numbers. ' Kvery reason, for including
white woman end-infants-applies with equal
force to tbe blacks, and eome of them with
greater force, for exsuiple: the great burdens
of Uoveroraente tn modern rimes are taxation
and military service; in the latter, women are
not concerned ; in the former, married women
but little, and in poll taxes, not at all, whether
married or sinole. Now it most mstorinlly con
cerns blacks, wlial poll taxes sbuit lie levied.
how they shall be apportioned to prnpertyltsnes,
and to what amount tiny shall tie carried.
Upon these questions surely those wbo live
w hero the neproes are most numerous, w ho know
their means, their willingness snd their abiiiiy
to tisv tli is or that tax. are best onslillwl to
jmle what revenue can be raised fronr them,
whst they csnnot or will not 'willingly pay, or
wliat cannot be exacted without grievous dis
tress smt oppression, bo wiin rer-i t to mile
tary service, whether they may be solely trusted
in it now, or at a future day ; whether they shsll
or aliall not be trained to arms, citiier by com
pulsion or by permission: aijiiin, whether thev
iiluiU be educated, as they may be able, and a
lUeirown voluntary set, or at the public ex
peime; and lioin wlist sources the revenue,
needed f r ths purpose, shall or fjujjht to be
tli'inn. These, lies ides many otln-r'niiints, sro
n .1 questimia to the negriHs, on which tii
livin ; aiming them mut be heller informed;
and toe representulion Iron the County tfliyht
to emhnce as many, in proportion to others, as
will Inn ;; the largest share nf the required
I nowlcd,;, guard the right of these people, keep
lear the way tor their aflvanretneut and make
tiicm ss iinppy as their luijoriiiniite and depen
dent con-i.o. m will allow. It seems to we.
therefore, that your body adopted ths very worst
lissis ot rcpresi'ntation tuat could bare been se-
1,, .-d, 1, !, ini.....nt vt tlie while and blwk
( Ijuii ; &...1 i tiiiiik li, of ItMi'd an eululv suf-
fluiynt (.-round for the popular rejection ef the
Constuution, so-cslleil, liy all the cillfensof ths
Ftale, and eopeciully by those wbo reside m those
portions of the Mate in which the blacks are
Hut I a. k the liberty of expresIng further and
more pener.d reamms for (lie opiuiun I enter-
- jlnH he-se-eaUsd Ceittinuin is no C'tiaTT
stilittion at sd, sn tor tlist reason, oupht to
be TejccUiJ w.ijiout reirsrd to Ijj provtous,
whether (rood or bad, approved or disapproved.
I do not know your opiumn on this point, as I
hwve not read ninth of your proceedinirs.-.
I will, therefore,, proceed to state my tiews foe
V-mr cinwid. r.itiiiiiopiiii'.Ui.-it tUes tll meet
your srprobation, or, il not, that yon will favor
me wiu yours ia opposition, that I, tort, may
bare both skies bvlore me, and be, myscit,
krottgbt tack to the right jOi from whiotl I ma
nevf sweveu., - , iu: C
I coosi-icr, mat iiniu no wiiimi
your convention wee not ejegttimate ron
tentlon, sad had no power to make n Constitu
tion for bs er to alter that hich we lad and
have; sad that It cannot oe- oue " "T
tion, even by popular sanction, - If these posi
tions be corre5t.lt ought to be rejected by the
people, as ths easiest, simplest, end meet effi
cient method of settling tbe points nt rest, end
avoiding many perplexing and dangerous dona
tions before the Jndicisry. ebjee teethe .
rsnustion of your body ss av Convention, be
cnuss it wss called without ths consent ef ths
people of North. Caroline, by the President of
!kl it.iuI Rtmte. or under bis-orders: an act
of clear and despotic nsurpsaw,-whk;h coold f
not give the body any, autnonty 10 oina me,
Hi.Tr lu inhabitants. If it be said the Pree-
did not call, or ratner eoasuiuie uie
tina t,t 1 ixi iieleustes were elected br tbe peo
ple, and thereby the bodywaa duly oonstituted,
I deny it directly and positively. l"he delegates
were not ths choice ef the people; for in the
proclamation calling it, the qualifications of the
persons who might bs sligible, and those of the
persons who might rote lor mem, were suiciiy
nMMttd in a manner variant from' our funda
mental, lsw, and excluding from each claes a
Urge portion some would say the best portion
nfitur nnalihed citizens. In manv cases out
people were not represented, but,1u fact, Were
misrepresented. , Tbs acts of sack body cannot
; bs said to be those of the : people ot the
State. , They are not entitled to obedience, and
r-annot be, or, at least, ou 111 not 10 we, juuici-
!!, Miiilz6j. VTke whole t.r.-.ce.li-i srooe
..ut - or uoiirsrr bssuidiiijoii. inrt'iiuivwiuK
tit . notions of popular government, and des.
trnctiva of die verr first principles if K. pulilt
can freedom; and when it ia put up to tbs peo
ple lor their sanction, or rejection, tnen levtvery
man who was excluded from voting for a del
egate say ; ."No I I had no Voice in makima
tt in cnoosiog tns men was uiu sum s
I wish, not now to be diwoonea into ws aaop
tion and .let every mtl whose neighbor or
friend ' wss thus", excluded also, say : "No I
the beat men in the eountrr were not allowed
voice in constituting tbe Convention or elect
ing its members, sail i will not sanction incir
oairacisns hv fixing on them n Constitution an
nowieraoie iaw j iein vjm
ia which thev were not heard, and from which.
. .1 . I. . V....1-
they wre expressly excluded by irresponsible
military power r its eubordiaate nnd servile
instFumaais: ' ana let -every .cuiz. ninu
Carolina, too. aav 1 No I I scorn, and rcicct an
Instrument tendered to me nnder tiie.nsme ore
Constttution of North Carolina which the
ule of North Carolina did not make, and which
was made for them by men in the guise of our
representatives, wbe were not our representa-
11 vcb, urn iiium tn m pvim i.vit.a.ujj m
time tbe authority of atonqueror ia military
Dosseasioa of our territorv. nnd arrogating to it
self tlie riuht of superseding all out tivil offices
and abrneatbiff onr Iswa," let the people crv
Wa will hava nothine to do with such a Con
vention or any Constitution proposed by it . If
the Constitution needs amendment (and we do
not inquire intoihat now,) we will, at tbe prop-.
rt time, n time of omet. and one wuen tlie reas-
son of every man will have its due play and
uflice. choose trood men. nt n free election, nnd
by the voice of all our .people, who shall revise
nnd smend that instrument In other, words.
M wiUamki e Cttitutie for onrsupM, snd not
Bfcnother for nsl"'- But supposing that in the
tuut revolutionary oiwditioa of tbe last year
the military power of the conqueror was either
according to natural and national Jaw, or by usur
pation, competent to the powerexerciscdnn this
subject, and that our people, avoiding further re
sistance, chose rather to submit to such nsu-
pstton and acquiesce in tu w-nest., 1 et sorely.
rel ltla Hade. nraanizAil tiv tha. ertnnojiror.
uluf tTis uaiue olTa Cuuvvniioiv aaauot in its
nets validlv trsnseend the authoritr conferred
en It when it was calleel, and assume to per
form the very mgbest or an delegated power,
that of framing Constitution of government,
lo res peel or ail the powers which can be con
ferred, snd of all the restrictions which can be
imposed, by a people on all tbe different dvpert
meotsof governmont. Vet such is the faot
here. . Ur. Johnson required a Convention to
psrfbrm otrtain specific, nets ; to annul the ordi
nance of secession and tenders return to , the
Union, er ebtim its continued existence under
the Constitution of ths United Ststes; to ernsn
cipate tb slaves, end., ordain thafcjf!vcry shll
never beresfler exist in this State, agd to repu-,
diate the State "war dcl.t" All "these were
done; the two first promptly, and in satisfactc-
r'erms; and ths third, at the last moment, tin
dictation and teeonforroity to orders, after
having once refused to adopt the tnensura, All
was done, I Say, that wm required, and r.
Johnson proclaimed that he bsd got. all lie
wanted: that we ,wrre back ss n Btate nnd
might cnoose our representatives in Congress In
conformity to our rights as a State, and to our
law regulating elections. , Wss there sny tiling
more for that Convention to dot ' Were they
chosen for arlyothef purpose, even, by those,
who were allowed to vote fur lhe members f
How dare they, then, go on to triime a Const i to.
tlon, a law, fur ali time, which is to lie binding
on those who elected them for other ends, and
also on that Inr-a portion of the patriots and
heme "unpardoned' rebels" who were not
allowed to vote at all t The prcmunption is
without psrsllui or precedent, Until the present
term of li ulical assumption of power In a dom
inant niilitaay or a numerical minority, without
resiect for rights or thf Constitution. As far
M tbey safely can, and w henever they can, the
people onrht to. resist that pretension. , This
they can pi-acelully do; w hen called on and al
lowed to vote; sndl trust they will do soon
this Oct a- ..hi without commotion, iu support of
the great principle of hum in liberty that s
people have i 0 ri, ht to i. e their own Con
eiitiition,snd not be noide sni ;i-t to one im
posed on t!n m, I v f n-e or t 01 1, I v sny evtra-i.ei.u.-i
power, or 1 n :...u -f tm-ir f
ti ' ' n. - - - - :
Vou will pi-reeive, that I l ive hitherto lis-ci":-
ml thiB subj 1 1, as 0- pen.;, ns; en the oriiri
11, d and natural ri.-hts otour pt - pin, iiniiiV .en-d
1 y sny provision of. our J j--xi..i- C"i-i- i.tu
ti.; and,- even on that baiis, I. deny the au
l!.o :;j of your Coiivwition to pinke or propose
a new or nrtHl.ucd form ot g-vernment for u
Tut the ciuuse in our d-- .imiun, touching
its amendment, or tne Cull Irs Condition for
l I 1
s y sj
n, l i 1 -if s I it 1 j
1 ui-iiitiun ss we ham I
ll S O'lt
1, as to put
' t tr s
.1 i it 101:
ellf. SS It
I I .S Seln y
-f so- emend'
4-1 ti epn 1 le,
f-; the other,
1 r pnenlied
le matter now
thst, m pre
s are tuidu-
1 'ins to me.
s- "! ,.n sre p
4 ( un I
11 II n
-11 I v a v
tier r. 1 h
1 V a I nnieui,
1 i t.iCt
f .rer- e!' in
nt. I in a 10 11
...nil, Vl'.K i Ii V
Ion. Il l!l O'o !'".
t All, k I 01 r lo ¬
- 1, ,' t
! 1 l y inifiiiiiie utiercncn. 1 1 respect ton
1 1 uv.,p;U-n, fie won Is i"r-, ":' Convention of
the peoj shall l-ec-i . I I y ti o-ueral As-
i null t y the ci- 1 m e of two thirds
of ail the pom' ra ot en U House of the tienes
ral-.Arti!eini-!rj." I.i r.csjiv fegulaily
eonstiiuted aulhorify of tue orj.anu.ed govern
nient is required to biitiate nn alteration et the
government, which was so doubt, npon this
a.ln nriri, tills Uid down itt tbeCllOde Islani
caee, in order to avoid nopnla eommetione, re
wolutions, and wncerta nty aa to what to the
CoiitoUon:,4ihen, tbe twn modes desig
nated are tbe only ones by wntcn tne vusnu"
(ion can bs altered, tt ii clew thai thiabjet so
called -Convention -was- not . CendituUteuU
CbwMiitfea,nd tberefbre ita.acU arseoM.
vi.i,nn ,rfr- ihsr UTrr Joiinson's and-sr.-
Holden's Convention might by popular ncqul-
eecenoe, adopt for ne the measures demanded
by tbem,yet it can no exiaMmce w
tio nf tbe-people ef - North Cnrellnn nwbjr
their Constitution, ana cxnuu not, 1
niter that instrument in any of these poinU
which affect ear internal orgamxation as a onr
tinct rennbUcnn Btstet for example, the basis
of representation, the nnltlentione of 4be -re.
preseuuuvta,. ana 01 me t..w.,
nnd jurisdiction 0 courts ; tbe appointment -01
tbe- Jlee4herenf;ll Jknure. ot tlieir orace,
nnd uiat ot,tne ccuu, or
quieitioneM lender these points clearer than
tW short .end simple paragraph , or, tbe
Constitution kselt, The. conclusion caa
only, be vaded by estnbiisiing aa a m
turn isv Mf w --.
Uanger .in . force;, and aha pos tion , es
t true, auifse ue aw.,
no ether part of it was fa lorce, or, Aha
words thst, by virtue n tne, apu -
suits, we were people without law or Cwnstl-
tuUon of any sort, ?xt ' weosji
that, nod tuat never ongut to is anu
be, yielded, i Perhaps t might I sufficient, for
our present purposes to j
Conveotir j does not assert such a doctrine, pus
ilstnly pioceeds onon n contrary vj prw
.Ki.lni L. amend our old Constitution, as still
subirtrting, and not to uiske one ahtriyiM,' Sni
he flesimiatino. tha old laws Stilt in forceful
eoutra distlnguUhed from those passed by Leg
islatures sitting under tne nuspiees ot secession.
Indeed, it is impossible, nnder any aspect of
an law. as understood among civilized nations,
nnd in modern times, that whole people can
be treated or considered ne neing wnuous j
law or ministers of the law, even by conquerors. :
The security of pereon-nnd the rights of prop
erty, nod the obligation of contracts still sub-
Can it lor instance, D suppoeeo. lot
moment that on the death of n proprietor,
there is no rule of succession to his real nnd
personal estates, and that tbe first occupant
may appropriate them, or that nobody can f Pn
theooulrary, I ssy, that the laws or Kortft
Caroline were still her. laws, including her fun
damental law, nnd if so, it is then to be de
duiuui. that t im could be no convenuen to
abrogate or to alter that law;, bnlese called and
ebosen in tlie manner prescrioea m tt, anu tuan
as a oorrollarv. vour Convention bad no powss
in the premises, nnd its pretended powers nnd
nets ought sot to be confirmed by. th people,
if the Deoole could confirm them, but ouuht to
be Opposed and rejected. It would seem, that
that body was aware of the defect of its pow
era, from the submission of those acts to the
people, thus seeking the requisite confirmation.
But in truth, such confirmat ion 'cannot be de
rived from that source; for the sams provision
in the Constitution, whkh makes the Conven
tion n nullitv. eouallr excludes tbe efficiency of
popular majority to nannljone Constitution
and make another. ' As the act of n people
living nnder n oonstituted Government, even.
the vote ot the majority is projrxe ttgon in.
fnctusl, without ths assent of tbe subsisting
Constitutional Government, snd Its directions
for taking the vote and ascertaining the major
ity. '; Without such previous authority and reg
ulations, tbe majority, if physically able, may
overthrow the existing Government, but it can
only do so by revolution, nnd not as possessing
a legitimate dele-rated office nnd power. I need
not however, dilate further on this topic, as tbe
n-soonds and authorities on .which the doctrine
depends are, according to my recollection, set
Srth in 4Sn arrnment ami ojnnlnnflvaw tv ilia
ttupreios Court in JJerr't cum, , 'I bea, if
people of n State csnnot, by their own direct
vote, abrogate or mane n c onsutution. without
the previous sanction of authority in power
undur -the existing Government, as in -Don't
ease, mucn less can tney io tt-wnen me con
stitution then subsisting specially provides two
outer modes lot suocting tneee purposes and
excludes all besides, which is our esse, i
. t We arrive then, at these results : that tbs Con-I
vention wss not eonttUutional ; it had no pow A
ere nnd could not make atonatituuon ; Uiat Tor
the same reason the people have no powers, and
that as neither ths Convention nor the people
bad any powetiaJthe prem''a, by consequence,
both together sre equally destitute of the requi
site power. Tbs Convention was, an, unauthor
ised bodv, and therefore, no more than a volun
tary collection of so many men caucus, re- i
commending to tns people to adopt by their
Tote n certain instrument as our Constitution, n
thing which the people, under our Constitution,
are not competent to do on that recommenda
tion,, and, therefore, the conjoint resolutions and
votes of ths two bodies bave no more effect
than that ef either by itself. I conclude it is
no Constitution, and cannot tie made one by
what has been done, or csn be done now. ;
': What, then, does it behoove tbe people to do t
They ought it seems to me, promptly snd de
cisively to reject the whole project. If it be sug
gested! that i eur experience, all Conventions,
since those of TS, which formed our original
Constitution, bsve regularly tjiade them worse
nnd worse, snd, therefore, we had better take
this than run further rinks, and especially that,
at least, those wbo approve of t .i alterations
.shall f ive their si: ', ii a lot! ad" :,n, I r' ply
Dol lbe great piiiu ij ie of pol..ii-d snd civil
blwrty, that a people may, and 0 ' t to make
a Constitution and Government t..r ihevst-iTes;
that in so doing they ought to I e c ;r lul to pro
ceed in the regular and pence i d nn-Uiod , b.
is prescribed, inslcsd of nn tinant'ioriied.i o -lllar
snd naunw J mode, from whiv.buncertiu:uy
as to the validity of their doinre, and nn(
quent cnnimolions sric, fon.'-h the sho st
reasons w hy every man shout. I jjve his Voice
STain-it tlie intriimeiit now propu.-i d, and wait
lor the sction of the l.coiM.ituie, In tne propo
sing ol amendments to trie j-ople. or the duly
Calling of a Convention which would bave 1. 'it
Imate power to adopt tht-tn.- - - t
Let me here adduce 4 case, which I o , ht td
bave added to ths elb'cieney of the p j-i:l r vole
per te. I sildixw it because it Is l.-eel 10 the
apprehensions of every One, and evhibii J'l a
strong licht the correctnene' of the argument
ngunst the popular power a mere ri.t;or 'v
over the Constitution of a nation. Tln'j -. in
'' h I sHmlsjis tlmt cfihel oy I-- i t , i i;.h.
L luted titatcc TbeContitution there sp-i s
th modesof smendiuent ; iiiteiidi.J' to protect
luinontiesspaiiistsiiperiomuiiiliers. Now, snw
pose, upon this essi-'uptiim.-t'-.nt the people tn-iv
do a to them lUtctli. aud that the mnioritv of
rthe people sre the people, sn sttempt were mnde
10 alter the federal C'-ooitntimt, byn-wote of
the Whole population f the I nited f ; !,
w but Sfirt of s constitution should we have
bd Could endure it, peo!!!T wt the Sot:'1!
who would endure it, snd hold it to be a Con-'iluli-mt
Ho It is un ii-r the provlslcns of nnr
fialc t '.iUiUiiiiuut. 'lime b-t our peopl- ml J
one voice n ji-ct it That w ill quiet evcrvthiiii
and we mv Iw-in sncw,- in a lawful wsv, t't
make thel',,!i 1 1 nt ion' whst wew: h it T ..(, if
et.nroved-by the '!'. sn-i rnv-1 '.mel t.-v the
Governor, ail tbe questions upon ti validity of
the instrument and the powers of the Cobvov
tion nrise questions allotting the right to all
the old and thefUew ofOcee, and the ohjeetione .
of the no-ealled Constitution ao bounds can be
eet to ths disquietude incident to them, new to -
the embarrswments oj tne jiMH 1 ii-y, . ,: 4 -
I bave now. I believe. Saul ail tuat I have tor
ssy on these subjects. I owe you an apology
for the desultory mode of presenting these, en
tbe spur of the occasion ot receiving your letter, '
nnd without premeditation- ne te-niraBgeaient,--
expressions, eVe. J , - r
PUUJAJnVJQNJCa A CO.
J5ily 89 tf
i 8 A EfrrrV$r$W
lEUIXlAJf, JONESak CO.
: inly & tf
St. B. Mowiis, i BiBe,
' of Orahge. - ? r - oiTJUtham.
TVIEW MTEUV STABLES. ,
Ths sabsertbsn kws leave te taturst Ikew frlsaSs.
MS ths travsllwe yablie, tkal they ere new sfMaia 1
tn ntalilse, kaews as the eoiith KUblse, eaalnt Houb .
ef the dwelling of Mel fierce, where tbey will keen
eoastaatly m base . ' . , ,- ; Vi.
Horses, runfes, Crrlct, A" n 3 otis, '
Tor the awnmraorfatkei ot tha irablio. Tbntr ehai---
gs will be as Awlarsu as the lissas will silver.
Tbey would aba state that thev hava ssearad fka "
fmricssof tbsjmtly-rsaswasa ssd hnnt haslhw,"'
Mark Awfaraoa, was IS wall Saaam to Ue asblis.
IIotm hMrdW bf the slay, weak or asaath ow the
must-favorable Isrms. Oive asesaU asd we are awtis-
fled that jus will rail agaia. ''"
' - MUltttip DAlt&
July5-lw '? V ,
iii, W,. t p., .,, ,. . , in, ,
r - KALE, ' ' '.
I ettet ft sate the let aa whirs f mm raelde. sHaa-
tad )aateatsla( lhearaeraiabaiils,ia theMatth .
waatara aortioa el Ms town, 1 aa awn win ao sate
wito oc without the laad ajloiuinr. Aav awe sriak- -
teg te parehasewitt sddiras ate at Ibis plsea
' - '-J. DKVERXUX,'
ITOB AaJB.:T';!;'':r :--'': rllA
' itaicign, juif z iw
tOlinl. 11 1111 .rimi.-im- . . i..i,, 111. , u 1
t EXCELSIOR WHEAT FANS.
We have raeeivad Slot af these Fane whhth we w '
be glad te sail to ear eastecaers sad tarfSnoa mods ' - -
atatarssa- .... . .T ., -. .
Thsy are stronl; reeoaimrndftd ss S (uod aad ra-
Itsbls sssehlaa, Ki'is( astialamion la alt eauvs wad
haviaxaasaparur taths wisrhst. Call and aaa
B, P. WILLIAMSON A CO, :
Jnly M-tf i. -i ft
t ..i.. --.
IMPOUTAUT TO COTTOS I'LAS- ,
. . i -. : Tens.
We hava reeaivad en aaaaiiressaat 80 WKllba. Basea
Bides, winch we arwiaatrwetad to IraWa f. Vwtan at-" :
eharate-er lOlhs. of Haotia far lUX'be. Cattoa, ha
anvered by tba Jth. at Oetbor Mit.
a, WlLLUaltoON CO
..JnrjMM-tf . . . s .
"a ,x . j. , 1 - 111 1 ,. .
SiOOIbs. Klea Lard la berrob aad half harrshv .
'"T S Bamb Piinte Mass Push. " . .
" Js.l raealvad by - " - .! - .
' - B, Pi WILLIAMSON A CO. .
. JnlyMtf ' " v - j
EXL LAES SCHOOL FOS ' t
Ths gseoad Bessloa nf this Sehoul wiB eesaesenee 1
HiswIst brpt 3rd. IHfad. - . . -
TnrPiiacinal win to assisted fey e gradaato , ef the
. ITaiveriU'r uf Vs. - . i.A ,. . ... . '
Pur Cireslar apply to . " ,.-,'i
iXUUd H. fjL&Tiy A. sr.
July U Int ' . Principal - '-
DOABniWO 11 AMD DAY -SCHOOL V
- I OIt YOUNG LADIES, "
atSMIS.! TKRntArE, BailtlaVwISH, '
tt. xb Mas. Witsos M. Cssr, 1, . . r",'
Mas.OssJoswIsaiua, . - - FrlBcipala.
Ths fan Seasto befias an Mnaday aVpt IT ISES. "
1 Shaed its aaubhshaiaat la 1KW tbia has- bean Wag '
khews hatha publieas essentially ,4 -
" A Sonthera Com Echooli ' -
TI e principals still dapaad for aatmaaw apoa thai '
addrsaa. . ,
aj anwesars ar oiHar tsmrniatiua "
vriLJtun m. i'smi.
SWs due. Billlssase Md.
fJaiMTIT COLLLiiS, U. V, "
I The fnlt 8ESS10X will eommaaee Aug. nth. iwa.
, loaihiiiioo te tliersiriilareurricnliini, we haw aav
els and pwaaant arrsniraineals Air a partial eoarse,
l'r,rl..rjr Kimlemu, and forthnaa i,e wiah a
jjiinis un uw, Ktaiviae or tue uistrr,
J uitioa -. ... .... a
buai d ... n , 2 u. 1
HipsoscspsystiUiia eerraacv, tme-
; B. C...k v pres.
Julyll8w "-. '
1 1 A LL AT
Thsrawlll he s emud Tniiiimnt si this deli r hi.
fnl roimmar resort, ia Wsrron Coumy ST. C , she Mat.
July lei. - . - . ,. .
- All yonng fentlsmna ara ln-riled to enter ths "fists
as hui,rlii. Ki h Kmt'lit will plesM e. uiinaawats
With vis at tlin f re, on or helms Sua day appolattd
tlM.U MANAt,IY "a.
, " Col. IIiosjL. Jones, Vrsrren.
. J. II. P imerville,
V. X,'. H riiill. . . -.' :';" ''
. l.j.J li oy,
.; f lion. 1). A. L allies,
JasiB-l! 1 t,
. . . Ottavms 1 ns,
' Cnpt. W. Jl An1 v
" A. 15. An
IVi, J, iih
- V.'. II. I In, T
, .. Arc d. V Loams, . " J.
('oL J. If. Ilvman, 1
1 r li. i". Aii t ' ai r. f
lit O Ml
tv mtvK ' s.
(liiv. Worth, N. C. - If on. Z. U. Vsnce, N. C.
in. 1 alon, Jr., 4.. i .hfjiAI am, .
L. C. Ldwards " li li. fcirl s,
, James Barron II "e. .
' Chief ilarsbal, -
Warrenton, J:i)r St-lw
, IVterslinnr Ind.-v, Norfolk rv took," 13clw'-
ti-ond i.xuo ncr, V. i! i-n -i.t,t . i-tts TSmeo,
) Ultoro News -i y v.. Wa.a. - . i r .;.
1 1) t A V St
L , ,
cua: :,ctt v:u.r.,
o ; ,tt Tiist
' W 11 sow C. N. Cahh,
- Jiuis' 1 1 -w -t 'T. A ,
T1- R.-eor I - . 1 f , . .. -
l-f. humilAy la i -r f i v i
I"-, o, um iivi m . -., , .
.r the I mvt - , ,,f b ,,o i, r fci
ftr 1,14- lu. (ii,'i . 1.,, ,,, (lk
I. r : v i-n l mwn u , in 1 ii v
li :, 3!Pnr. Bn.. aad T-i"!.a
aeasioa, (isvatna la l-iiun, V .
fci-imd St i-l e.,t j .t t , .
t..-. t ... .,..( . ., ,
" Ni n l .n. 1 :, 1 ,
' , JAi., ii. CA.
July 84-8taw2w ,
" " "TB'
1 ii I niira,
1 rr 'fcsn'
.d aa far-
" - S'l l-Mt,
. r, it. A.
. - 4