North Carolina Newspapers

-t.'v ' - TRI-WKKKX.Y WEKKLY.BY TUB J77?A J UBLISIIINO COMPANY. RATES OF SUBSCRIPTION: r Tni-WKEKtY-Oue year, In advance, $3 00 6 months, in advance, ; 2 00 -. 3 months, in advance, 100 1 month, in advance, 50 Weekly One year, in advance, 100 8ix months, in advance, 60 From the Kaleigh Dally Telegram. Messrs. Editors; I submit herewith for tho Telegram, a speech, made by me in the late General Assembly upon the Jirbt Convention Bill, last December. It was prepare. 1 for publication shortly after. I have lieen temptea lo onnjr lis arguments down to a Liter date, but, upon the whole,, leave- it as it was.- The funeral course of argument applies as well to tho Act now be fore tho people. (ieritlenien may differ as to the constitu tionalitv.of this Act. But it seems that there can hardly be difference of opinion is to the prudence of resorting Under the cir eumstances tliat surrountl Noxth Carolina at present, to a method which the General Assembly of tho estate, acting under oath, and invoked to exercise the duty in ques tion, stigmatized, by a vote made up from all sections and all parties, as unconstitu tional and revolutionary! Will this State so prejudice herself to dJ now that which," by the voice of those whom she had delega ted to pass upon it, she held in 1854 to bo revolutionary f The' question is notas to other States, but, as to this SUite 'of ours a4 to North Caroli na! How does she stand! upon this ques tion? What has she said about it? What does she mean bv doing that which she has called revolution Is thej present a fit time for such grave experiments? , .' It is true that many of our best citizens assure us that it is legitimate, and is not revolution. This is the year 171, and the Mate has not forgotten that in lsl, many of the-best citizens of the State were equally zealous, : in asserting that what was then projosed was not revolution. Wo have stMi what came of it. If the State be in dou I it, let her stand by her 'own thoughts upon the question, uttered in time of quiet, and with excellent opportunity for consid eration. i' The language under examination, is that of the Convention of 1M. Whatever their meaning mav havo lieen. in r order to ex- press it, thev rcsortel to laajruaed taken from the old "Constitution, which they knew, and tho public knew, had received a well considered solemn and notorious construc tion at the hantls of intelligent gentlemen, holding at tho time high public position, and oiliciallv called upon' to' make a decis ion. Chi the memlKjrs of the Convention of is. is, (and, as well, those of lsW, who did the same 4ii regard to me project ruuiuiucu bv them, and rejected by tho people,) be supiosel so to havY? triftod with tho peace and order of the community, as to have used this language in order to convey a meaning which is tho exact contrary of that winch had leen, as above, officially impress ed uiNtnnt ! ! ? It is one of the very tirst principles of law, that where legislators adopt into tlieir ora work language taken from previous legisla tion known to hav received construction when adopted, the construction itself is adojtted. Calt heart v. Robinson, 5 l'eters .so, is an instance. It is .tnw that the con struction usually spoken of, injudicial con struction'; but the principle applies to all 11 v- rfcoivel construction, whether from Courts, tlwj practice f Departments of the Executive, or Uie solemn at-uou oi me legislature. I : Such is a main point in the argument now submitted.. I m iv submit it without coin inir in conilirt with other yiews held hy. me I H-lore the decision and the implied endorse ment of that decision bv the late Convention. Those views have been overruled. They :ire now of little more consequence than niv views U-l'ore the decision of Worthy v 7V,i- ft,iiiixjioncrtt of Moure Co tin ft. or anv other of the numerous cases in which the siinreme Court has been so unfortunate t.. lU:irrH with the coiiclusions which I presented in argument. The lam is to be found in the opinion of th Court, not in the i.ri..t of -oimsel. or the opinions, of dissent- in' Judges ; and, in the ame way the ac t ion of Eoirislative 1 loused is controlled by the majority, ami not by tho minority. Verv rts'ectfully,' ; Your friemland servant, s. f. rniELirs. Kaleiuii, May 311871 j SPEECH OF j OF" WAKE COliNTY, In the House of i:cjrescntitivcs, Dccemhcr, , ls70, upon the Bill for cailina Convention, ..,., ;,. ,f!tm tttxin its imssaoe, on its xe.otul readino. oft r it htid been read by sections. I have taken no part in -the discussions which have siunuur up during the reading of this Bill bv sections. I; was willing that ri-ioiwla Uioul.l modify its deUii Is freely. so as to give to it any jerf?ction of which it milit le susceptible, and I to bring it lefore th m immlA in that particular form which iliv mii'ht reirard as most favorable to its sm-ess. Believing that no amendments ould make the proposition-to call a Con vention a wise "one, I have thought it candid to abstain from making issues upon mere dtails, lest such a course might have given t. t nnnfrarv ininressioti of my views. In the mean time this bill, having been sub mitted, ls)th in tho .Senate previously to its reaching this House, and now again here , to the friendly manipulations or lis auiuora and supiorters, mav well lie supposed to be, i..t.,,ii1ii1. -nt-li :1s t he v desire it to re- Tiiir('iit swnis to 1 a lit oppor tunity for indicating any objections to the I'.ill. which rest upon other grounus man tli:it of tletail. I To me it appears that these objections are mainlv tu o; o,tc, as to tho form oj eiiaci ;,. v which it is supinised that the 'Bill uv.v kMU'ituml fnto a law; the other as to ' the value of the security which the But of fers to the' people tliat siu-h Convention may not amend the Constitution in points which, in terms, are expressly exctpted ; froiu its control. ' I Vs ti the iower of enactment, it seems . . .1... :t s., n ..l,i..h in IXivi. was rejected ; fiav, fairly hooted doirnaa un constitutional jund revolutionary ; and that this decision hius heen practicaUy acquiesced in ever since; tliat the decision w as follow ed nHn the onlv" occasion When a question couldhavelWnniadeuixin.it, I in -c illin" the pniHiseti Convention of tebrn nrVMNll ; and that after this construction had lieen placxl iqxin the Cmstitution the words so construtxl were, in the midst of . -,.. .-.il chana-os irt tliat mtrument 1 t.ilill T4 W!l I MIL IL 1 1 II LT . IT Wl x , in other resists, preserved exactly y,ttco state Conventions: mai wi i.-w,. whose faileil of being ratihed bv the jintl that of 1SG8. wilich framed our prestnt Constitution -j Whatever, originally, may liave lieen the merits of the position assumed by those who suggested the method; Of calling a con vention now atlvocated, it is idle to contend that after such a decision ;tq the contrary, such an atiuiesrceiice in that decision, such an erulorement of it, it ean be proposed itotr M-ithout encountering objections niucn more powerful than those with which it was met in 1854. Circumstances which surround us in 1870 may render it pernici om to endeavor- to overthrow the institu tions of thd SUite by means,' which, umier circumstances far more favorable, in tunes ofquiet,ataperied when iour community was not in a state of surveillance, or of ex traordinary apprehension, Was, by oar own precedents, of our own head, denounced as portending a revolution ! Let ns examine this important question more closely. Tho friends of this Bill pro pose to pass it bv no more than a majority: Itcomesdown to us endorsed by only a majority of the Senate, and it has not in lto words ! heretofore used upon such occasions, viz : I "Two-thirds of each House concurring." f , : Our present Constitution I (1868) declares that "nn r.nirantinn iihMl Im Called bV the C;prtPral InaAinlilT" iiTile hv a VOtO of two-thirds of all the members in each -j House. It is said, by its supporters, that ' this bill does not call a Convention by the VtmerarAasvmbty, but submjta the que- VoL 1. tipn' of such call to the people', and that their right to call a Convention is pot sub jected to any restraints by the Constitution. . . . A . . i - i l not propose w ireai. me question mus raised as being open. Were it ojxjn; the arguments by which the above view is; supportel, would not be without forco. Indeed. I mav be perm it tea to say mat pre vious to a decision of the- question I held that view myself. . Being a member of the Assembly of 1854, 1 supported that view by j argument as well as I was able.' But Con-; stitutions are rules of life, and are not mere themes for speculative discussion. - When-! ever a decision upon their meaning is reached by a competent tribunal, it is noti admissible to treat the question then ad- judicated as being still open. 'Such are the, every aay naoits oi our nveswnen me tie-; cision is one made ny uourt. u no saietyj pf our property and the security of our per-i sons depend upon an aonerence to . me law. as adjudged. That such respect is due as well to decisions by the two other depart-i ments of governments upon matters within,' their jurisdiction, is not so much, an every; day piece of information, but it is well, un derstood by lawyers and statesmen. There are many grave constitutional topics mat have never been before the Judiciary,' which nevertheless have been settled; set-; tied by one or other of the other two de partments ; settled by them perhaps, for mally and expressly, or perhaps merely by, a course of practice. c , There are classes of constitutional ques tions that cannot come before the Courts, and other such questions that cannot be brought before the Courts until after re-' peafed occasions have required one or other of the Executive or Legislative Depart-j ments to act in regard to some grave mat-r ter, upoh one or another theory or to such questions. Lawyers are familiar with sucli cases. Only at the last term of our Su preme Court, that tribunal, following a long and respectable series of cases, in this and in other States, deferred to and adopted a decision by the late (General Assembly up on the limits imposed by our Constitution on the jurisdiction oi justices oi me peace. The rule is universal, that, when ever in the eourse of exercising its functions, either the Supreme Departments of our government finds itself in face of a constitutional ques tion, it not only has jurisdiction, but it he roines its duty, to decide it; and thereafter such decision becomes high evidence of the law. If such decision have been acf quiesoed in for years it can only bo by a shock to public confidence, and a threat to public peace that the question is again opened ; and such shock and threat become the greater and more significance of the po? litical circumstances, in the midst of which thev occur. I will not enlarge upon the. political circumstances in North Carolina' in 1870. It is enough to allude to them. They lend the greatest solemnity .to this onestion. Thev will be 'well considered bv the members of this House;, and again bv the People, if this proposition shall De placed before them. The decision made by the General As sembly in 1854, was arrived at after a very, sufficient presentation of the question up on both sides ; and, in the Senate, I may saj', without disparaging any one who ar gued it, with especial ability and power uion the part of the minority. For them I well recollect that it was argued with a spe ci.il force and eloquence by Mr. Graham', then a Senator from Orango county. But with all tho surroundings which so justly gave his words influence with his party friends, he failed to carry even the Whigs with him. Among others, those distin guished citizens and 'lawyers, Thomas S. Ashe, of Anson, and Anderson Mitchell;, oi" Wilkes, who were partizans quite as far as gentlemen of their intelligence and charr acter could be, dissented distinctly and lirinlv The vote in the Senate was two to Oie, in a full house ! ! In the House we did not tare so well as that. Nineteen whigs, ot' tlie liest . material that we had, among tlicm Outlaw, of liertie, Smith, of Halifax, Amis, of Granville Winston of Bertie, I leaden 'of Chatham, Caldwell, of Rowan, and others whose names do not now occur to me, divided from us, and the vote was 74-t:-U: Tho -majority, in both branches of the Assembly, was composed of good n.pn of each party, and of a majority of e.-Bch section of the State. More cair hardly 1 of anv legislative decision that has lncn made since the foundation of the gov emnient. If gentlemen are disposed to un dervalue it as made bv party men. under party or sectional tiesr i beg to add that those who made it were bound bu their oaths to make it truly, and I hope this con sideration, in view ot other parts ot my ar-c-nment mav not Ix? forgotten.- i . 1 It is a most respectable and solemn prer cedent, Jwere it standing alone ; a precedent standing upon reasons which I have not 'mentioned, but which may fairly be reekr oned upon for influence over a large portioij of the citizens of the State in 1871. And $ the fact that it was made by gentlemen sworn to make i$ truly will not avail to save it from sneers, a person who stands in my peculiar position in regard to it, whose vie wi were set at naught in making it, and who has bow ed to its authority, may well be ex ensed if he anieal to that Democratic partyS now said to be in a majority in this Assem bly and ask them if they are willing to rej view' their own decisions, and to give out siders anv reasons for saying that they setf tio ami. unsettle Constitutional nuestions to rvf their part v exigencies : and that undet such compulsion they are ready in 1870 to take an oath that thatNs not law, which in 1X54 thev solemnly swore was such. All this too upon the eve of their making drafts upon our conauence m iavoroi certain om er oaths which they are about to take in tja irnruisif1 t 'onveiltMlll. This precedent, however, does not stand alone. Some half dozen years afterwards; in the only instance in which, since such t th oallinir af a Convention has Wn submitted to the people ( February ' 161,) thi3 authority was pursued, and that after great discussion whether it wasappliea ble to cases in which, as there, the proposed Convention was to eltect not our mternai i..it oor FVlprl relations. r ! : Add to this that alter a notorious decis-f ion, an acquiescence and usage upon this ,-m.tirin thft words so construed were ly Conventions, which recast the Constitu tion, preserved untouched, and then, in view of the well' known rules of law, that notorious aud authoritative constructions ,.Um bmil tih rases are to be taken as en- Werf r.v anv subseauent legislation which adopts such phrases, I submit that the oli- the present bill is powferful, and- its disre gard by tliis Assembly may well be consul- ered by me puouu as uuuuuus, iiio to some oarelessness of their interests. Tn when this doctrine was broached by gentlemen eminently conservative by na ture and by habit, it was rejected as nothing than revolutionary, como from whence it might, now. when it has not only been ioH int branded what is there so iioiimrino-' An T-inrtv necessities : what is: them tliat has occurred since 1835. so to com mend revolut ion. that your former, solemn. decision, and the subsequent acquiescence and practice of the State, as well as the indi-; rect endorsement of your sovereign Conven-; lions, are to be: aiimmiaieu r xnese qut tions must be askedfaud answered here and There are apprehensions con- nected with them that will not down at mere, bidding. ' Sucn apprenensions wuwm ij that is unpleasant m our- reoen. pasi, i .that is substantial in the present, and all for tha future.- kxr thl that with the meeting of this General Assembly, North Carolina as she; ..wv the North Carolma that we re o-i i.wed would appear again upon i Tould 'have wished that some political aversions connected with the preH ent constitution of this Assembly hadeen fhnd bv such an event, tertainiy, ic would have compensated for many an i un pleasantness, anticipatea or nuu.; Wilis not to be. My fears grow strongfcr ? --r r 7 rrn , . L r . : I ' L RALEIGH; when I reflect that such an occasion as the enactment of the present Bill has been all owed not onlv to pass without ia smnnionr ing of her reason and spirit to aid us in the conjuncture, but has been employed as an occasion for underrating and deliberately flouting her considerate, conservative, cnar- acteristic wisdom. TTour temper is not th ol( North Carolina temper ! Not thus was she known X j ; I will now proceed to inquire into the vaff ue.of . the security by which this Bill propf ses.to protect the people against an interf meddling bv the Convention with ; sueft parts ol the Constitution as the ieopie wis to except from its powers. tThat the People wish to except some parti of the present Constitution from tlie controfl of the proposed Convention, seems to be universally conceded. It seems to be coni- ceded by the friends of a Convention, that if the choice presented to tne people were betwixt an'unrestricted Convention, and nO Convention at all, the chances would be aTf together in favor of the latter. . i I shall ndt ask. why this is soi It is enough that afl concede the fact." The interest which may attach to what I have now to say, turns enj tirely upon s,uch fact. Even although this result oi tne lonors oi mis vonvenuou are to be submitted for ratification to this ped- ple, the latter "are unwilling to call such a Ixxiy into existence unless its powers be re strained. They prudently distrust hetr capacity for judging of the whole effect of such Constitution as may do supmitxeq no them. Thev will not commit their nghte to the risk of the slips which not unf requent- lv occur upon such occasions, liiey prf-; pose to put these rights to no hazard ! Kathdr tJiari tliis they will postpone the amendment of me uonsurauoii vo a more jiropiuous period! ' , - ! J ,The projectors of the impending Convorj tion recognize this, and assert that all peril is obviated by the provisions of this Bill; that the Convention will be a limited onS; they admit that this General Assembly hns no power to limit a Convention, but claiin that; the People can ; this Bill, they say E laces certain restrictions upon the menl-ers-of the Convention as to the topics t shall consider; which restrictions are 'ex pressly to be endorsed by the people whim calls it ; and moreover, before the members tike their seats thev are to be sivorn to ii tornioddle with no others. It is claimcil that in this way there is a double restriction upon the Convention, and that lears mat n may .trangress its bounds, are idle. t Iet us consiocr mese resiricuons sciiiy- atcly: - . . 1 K 1; There is the express restriction imposel bv the People, when they sanction the call in winner ami form as the Bill provide: and, i J A Tliere is the loreliminarv oath, not to intermeddle with other parts of the Consti tution ; which each member must take be fore he is admitted to a seat. , ' 1 The former is a supposed restriction upon the, power, and the second is a restriction inekelv ujon the conscience, of the Conven tion. The second leaves the technical pou--r.v (so tar forth, I mean, as these can he lu'estioned in courts of Justice thereal'teii) unmucnea. ; j I submit that bv neither of these reasons call any Convention which submits its action lor'ratincation to the people be restricted, in any practicable, substantial, valuable sens; in such sense, I mean, as that the violatitfi t enforced in i'avorof the party injured bv the-transgression, in any tribunal, ; State or Federal, known to our lorni or goyerm-j inwiL t -When so mucn is saiu, no mofe nel le ! e are speaking only of practical; motions. We are not taiKing meye pm iosw-j phf. or mere logic ;i he apprenensions i wliichwe sixak are such as thrill those wijo ....fnt-tttifi thom. wiien.tnev are arouseu thofese who are subject to them are not peace: thev cannot sleet) 1 Once lairlv aroused, their apprehensions do not yield id tne- lunaov oi liiero pm u-su.-. xui-n, .- incantation that can prevail against theiit iCitriii r- tturn.tt nuarantee agamsi iossi which cannot be eiiforcediS they knew U whilst you were making the i oiler, ! thejy -Li-oi.l.l rfrive vou from their presence. Our is a: limited government; but its paper limir wio.is are onlv valuable, or worth mention I- theui. when transgressed. Your so-called limitations upon this. Convention (I aih lllg. SO lOtlu as we nave u, u iwiw ''V' Tr speaking of those upon its powers) can be no where eiuorceui is, auymiiig piumc j . 1 I J.1 h..,ar SnnnoKA it were to loucn. wneiner ingiy, or lnauverteniiy, any buujwi Flumu; : ' - - , ' v.:., Jted t it, and irs'woi k as -a wnoie were ratinwl, wnemcr Knowingly or umuvciicin Iv. bv the People: I ask whether this alter ation te it a change, or. even annihilation. f the rights previously existing, would not become a, part ot me uousuiuiion r, avlosl nsnrllv it would. There is no tribunal that could go Deliiiiu me action oi iuv yu vention and popular ratification, in order to tasK upon the authenticity of the change Or S..iiiolLitionr There is no tribunal whith (ttlkl41Hk. " ' " - 1 t ' 4 would admit a suggestion tnat any pari pi the work of such a Convention was mau wrtit-it or unauthorized. ' ! f ! I Shi.-h intended restrictions might be ipf service in -ase the Convention were not cul led ui'xin to submit its work to me peome for ratification, as was the case with mostjbf the Conventions about me nine oi onx xi-t.-ointionarv war. But it is not too strong language to sav, that in any case of a Coti yention tliat, like most at present, is to sub init it action for ratification, such restrairits are fanciful only, and for practical purposes, merely useless. The constituent Conveh-' t ion. and ratifying people have j ust as mu li piwer over the Constitution with them Hs without them! i . i f And such indeect Deems v oe me uup- oimw of the Miitliors ot such bins as me present, for alter, in appearance, uepri in the members of such bodies of power !to violate their restrictions, they proceed; td administer a preliminary oath to them, tliat thev will not do so ! ' i Jl. Wei must.be allowed to question tips guaranty also. We shall do so in a business like manner. What is offered is said to be a muniment of precious title. If practically it i.e rrme snch. neither romantic nor senti mental Views shall prevail with us to accjejpt of it. -. . . . ... " : T mav sav that it is to turn the sun oaf manv degrees upon the dial of constitution al forms of freedom, to substitute the oatis of men who have power otherwise unre stricted, in tho place of an orga nic incapacity imposed upon such men. tliere, however; we are told of one of these classes of restx.c tions as if it were an equivalent of the other, cj- .hi -e to forget that it was catlv after Venerations, and indeed ages, of vio lations of public liberty Dy men soiciuij-c-rn tri itu maintenance : bv men. too. who. it must be added, were regarded, as other wise not bad men, and not unfrequentlyjas trood rhurch men. that the method of writ ten fundamental restraints was, with great pains, as it were, invented I I I Are we then to be told that the ' former antiquated and exploded methods may ntw airain at last, under the peculiar circu in stances o,f our time, be resorted to with Cdn tidenoe f " . t- f , II Tt must-lxi admitted, upon reflection, that this sort bf restriction is, at best, of a mre secondary character. It is not necessatry for its violation that there should be perjury, or wickedness. , Ignorance, or inadvertance will certainly suffice ; and sometimes j that immninoa or inadvertence would be technic cal only, and .would , be better denoted as only an absence of consummate wisdom, for nronhetie e-lance ! In anv -such ; case the oth o far- au it. era 1,- a practical guaranty. woiiid be Violated as fully, as if by the rank est perjury ! And it remains to be said that if violated, there would bo no tribunal Which could give him who suffered byjit, mirpga. i For. suppose tb whole Cohvn- tion duly sworn, and the restraints imposed K-D-their hatha violated: sav inadvertently, or because they did not fully comprehend the whole compass of their operations, and then add the supposition hat their action is rati fied' by the people, I ask, what is the fnode i ZA.. i;i,r TTntil KetterlnfortTl- Mc, THURSDAY, JUNE 18th, 1871. ed. I answer none, to the least extent; in any direction ! The point is therefore pre- 8entea9 tnat.tms so-caiieu rwincuvn i rkiirrwiMP - in the interest. of any one affected, incapable of enforcement, and, tnat tney aro pmccicai jjui-jjus oiwik tliat we are-concerned for. i We are not speaking of i n or reck less inadvertence. The : t of mi take, in nocent inadvertence, want ot comprehen sion, affortls ample scope for the fears ot men who1 tremble for their rights, and be- ieve that-there is but a step oeiween ium and death. .To such it carries only addi tional terror, to whisper that what they have letween them anu rum, is an oum an uaui, tha ovtent r.r the meanintr of which, when analysed is, that the taker does not intend- to injure tnem, or oeueves unit n wm aw,, all the while he may be notoriously under a trreat bias against them, or at best, not thoroughly auviseu as vowuat wui ,yi. them injury. . j ... . , j I v.Hl not enlarge upon this point further tiai to call attention, in connexion withthe rA.i5-,r unri PTtPnt of the risk which is run in confiding to such a restriction, , that tliere never has been a convention wnicu uau an adetjuate comprehension of the effect of the Constitution which it adopted. This is common talk as to our State VJonvention oi ikiy t.nf i a well tmft to a srreat extent. of the best of them, here or elsewhere, and a -ii . t . . n .i .i V.l ii 1 1 i ' r VIKi nf amOIlgSli UlUBIS, 111 icuio"""- k,,. , the illustrious Convention which framed the United States Constitution. It, mere- fore, no member of such Convention can aafplv a wear that he understands what it will do, or. what it has done, how can any ntiir r.ian hiIv n reasonable, practical protection oi nis own precious nuu uco-cic n . . ; ..U,.f rights, tnat au aamu to oe at inosi, -iwj My ites with such as propose to call the Conveii in niiacttAn nriifi sill o: it li notoriously so much one of haphazard ? one in no event; Ibrutiea by a power m any uiuuiKuino know of, to bring the acts of the Convention to the test of its obligation by oath, and thereupon to enjoin a spvciiic; pnuuuai), or a rescission. . , 4 , It is interesting in this connexion, ,tu obj serve to what extent me uouvcntioivui io-jo departed from the terms of tiie oath taken bv its members under the Act of 1834, which authorized its call ; the precedent m winch Act is followed in the bill oeiore us. xn speaking of this I need notsay that Inn-. pute no lauit to it in so uoing, ocyooo IS i UlClUeilb KJ lllIlllo iinmi . thi o-i-e-iteat resnect for its memory, and cheerfully 'acknowledge that many -.of its memlxJrs were most exceiiem- cuiioiw m their ilnv. and that their memory is among the jewels of the State. Some ot them still - - 1 i i j 1 . .1 T survive, and are veneratea ana uewveu. a have a right, however, if I can, to illustrate a proposition which I have founded upon human nature iisenr common w nn lands, bv so respectable an instance among ourselves.- , The act of 1S34, which restnetea me in .nnfirtn of isss. irave that Convention pow er to take away the right of suffrage from "ne groes" and' " mulattoes." Those were the mil v words used. Thev are both words of specific signification. The dictionaries give their definition. The former is the pure blooded African, and the latter is me nrsi cross betw een the negro and the white, j Where then did that Convention get the right of disfranchising not only those speci fic classes but others as well. They added, to " negroes" and " mulattoes," " all other persons of mixed blood to the 4th degree in clusive." Was not this to go beyond (lie restriction ? Why did they not adhere to the words of the restraining act, loaving it to the courts to denne mem 7 it was . . pi u v iiu inirestraint of right, and would prob.tbly haVe receivetl a strict construction. The in tho clause adopted. : tio not pretend to be a definition iof!' mu latto" but are, what our uicnonarios imoi in iw' thev w mii luldition of other classes to those over whom the act' gave them pow'er. UpOslIlg tiUS tO W! SO, lUSUUVinuawKvi thewe classes beyopd " mulattoes," had no remedy, after the amendments were ratified by the people, iiierescru-iion was its uiwu it did not exist. V '.! There are several other instances ol the same sort which are -obvious on comparing the Amendments With the act of 1'4, are mostly perhaps merely verbal or formal variations. I w ill add but one other as be- infr-nertiment as well here, as to me iirsi. tobic I have discussed. The act of 1834 di-f . i A - ii ndinf rected the conventiou 10 prov mu , m . manner" the Constitution of the State should, bei afterwards amended, lhat is, it was w.. A kl l.xr the 3ft. 1 1 1 1 1 1 1 1 e 11 e w Consti t u -1 tion should provide the manner in which it was therealler to be amended; not a nianJ ner, but the manner, l. e. clearly tne ouiy ..,.vnn..i The neoile hud lieen wearied. perhaps rendered apprehensive, by the long ontest which issueus nr me. v-oiiv-on""; "j lKr, and bv the irregular methods oi calling a Convention whic h j in the course of that eoiitet had lieen threatened, lhcy deter- r.Sni tliat there shonld lie -an end ol -it A441IiVV ' - I There w ere to lie no longer any extra consti-. tutional methods of calling Conventions.! The Convention of .1835 would shut up an nfrA,.Qre(r hv , Tvi-ovid in r the, iiiethod.in which the Constitution thereafter should, be amended. ' - Now, it is observable that when .a report upon tliat item of the work imposed uponjit, i.-.i ,-tiirnrvl tiroviwion was made for Olilv mia ir.itrnf 'i meill in r the f01istitlltl011. TTtiat provision was the present second clause! of Article XIII, clause upon "Amendments.! It was precise : " iv o part oi mis u)iisiuu tim" was to be amended, except in the Way; . . . -w 1 . ..tl. .,1 iJy-v i'oM now called the legislative meuiuci. io (hiiii- invitrii-'tioma wore faithfully pursued-.' L1IU11 . 1 4 - ' V. . .. - - . . , . .... I . 1 . v...w... 1 However, upon consiucrm mc ivpn, i proposed to amend by adding a clause allow-i inrr lso a Convention : and providing thatl no such body shodld1 be called except by a majority of two-thirds, &c. When this point! was reached, the instructions above men- tioned were still followed! The tnethodi which the Constitution could be altered, was cfiii . mi-,tev "No ej-tra constitutional Sllll V.J I l.'l'M ... - v - ( othl .on1fl t.e snsycested. Upon iurther, consideration, however, the clause was ma- tured into its present .expression, w ; Convention shall be called by this General Assembly unless by' a vote of two-thirds. This was the form adopted. Now it seems, to me that upon this, one of two things is true, viz: that the, Convention merem, either did or did not Obey, me liisirucuuai; bv which it had sworn to abide. If it did! obey them, then the method of calling a Convention now under consideration is rev- .',;... -.r iiM.onie it. i not included "iif the ViULI'JllHI J , I ' v V t . . j method specified ; and the method specified was oy me lenus 01 a-t-k w hie. So that the clause UU1V 1 1 1 cvc ' - - - inirerardto calling a Convention is to bei read as the Democratic party ot lo4 m enect -....,ii i a Th wjj.v- of the. General Wuiciiucu, v.., . ' ' J . . -. i .o..i,r.i tn. Miiinn of a Convention shall not be given unless by a majority of two- .lvirria ThA other alternative is. mat. n there remain over ami beyond the methods Mf amending the Constitution specified in' this Constitution, the method now onereo ,,a ma -,tirn of the express provisions of the Constitution then the Convention of. 1838 was delinquent as to mis item oi iw oath. This is the point of view in which I now present it. I submit that it was re garded as a very important part of the du ties aisitrned to the Convention by The Gen eral Assembly of 1834. That it so appears upon the face of the act, being placed in a section by itself; the last one, added hpon consideration, and by way of postscript, as s ua fircf ar-i T fliui submit that we have presented to us, upon the faceot the nroceedingss of ! the Conventiort, the method in which that body herein slipped, out of the path of -its duty ; and moreover tion, that we, and the people as well, should reserve it the point being, whether art oath 2.. ctint;nnmAiiin(r thereby a i 111 AUK l, 1 iramvvy " O ' " j substantial, practical guaranty which ajree- man win accept ji aia a -i-o are at stake, v-1 t;r-'-' " KJ'-f-T nrotest. then, upon the : whole, tht the nmiwunH rvinvention! will - have oliite las much power in the faceof all the restraints enumerated in this bill, as it would liaye in their absence. I see nothing in your pro visions which a prudent man would be wil ling to venture anything of his liberty or property upon, lie will be quite as safe without them as with' them,- and in quite as muc l4f danger, . practicably with them, as without them. f After replying to one or two other sugges tions which have been made upon this lloor, I will trouble the House no longer, i'l gave attention to the amendment in tho way of restriction, by which the House pro poses to put into the new Constitution raowi inatim, with reference to volume and page, the Homestead decision in the case of Hill v. Kessler. I cannot persuade myself that Eroiessional gentlemen, or indeed any raeni er of this House, or, I will say any intelli gent citizen of the State, believes that by such a provision his homestead rights will be! any more securo at the issue of the move bent which you are inaugurating. They understand that what endangers their Homestead, is, a provision in the Constitu tion of the United States ; that their security is the fact, that a majority of the Court as' mw constituted believe that the Homestead has a retrospective fjfect without conflicting with that Constitution; that, in fact, - thkir SAFETY LIES INTUE. PRESENT PERSONAL COMPLEXION OFTHAT TRIBUNAL and that no body knowWhether that complexion can be changed, and-their Homestead stand; and indeed, that every IkxIv believes tiiat the chances are, say, a hundred to one that it cannot. Why then multiply words com pelling the now judges to stand by the de cision m Hill v. Kessler, when such new judges wilt bo sworn to support, above all ihinrs the. hmstitution of the United States, and' must enforce the laws, as the' may im- dcrstanci ana construe uiat msu uniem, i "Voiir .vcnrd4 will keen promise tb the ear only, and break it grieveously to the hope. .Nothing, sir, among probabilities,- is inure certain than that the effect of this Conven- -ii Kii ti fioutrnv ev-erv Tromestead in l Hill V 111 ' V v v . t 1 ' " the State w hich is threatened by an execu tion lor ail OKI ueOU; XOUr giuai c-i' ir, against the Judges!" You will, have their heads at all events ! Well, sir, when you have put them out of office, there will be a great wailing of wives and young children tiirAncrimnt." Vorth Carolina. Thev will have the tribute of many a tear in humble homes from Tennessee to tno ocean i r j- u s unci riiwrs will run riot ! Gentlemen sav that this is to admit, that these Homesteads will probably -not last beyond the terms oi omce of the present Judges. If this ,be so, it can furnish no' irood reason why these terms should be brought to a premature end. That the man may pronaoiy uio somo nine orither, is no reason why nature shall bo anticipated, by a violent anu premature death. Let the Homestead continue, at least for a few years longer, and m the mean time their owners may pay, or make com- - . j 1 . i IT i. position, or come to some other satisfactory arrangement, xou can your eiei-uun.-wi Corivention in March, I imagine that I can already hear its fierce winds howling through the State. They will be recognized by us as unfit emblems oi mat merciless rigor which the pmciing oi your convention will lot loose to triumph throughout North Carolina, roaring down the very chimneys, and: penetrating the chinks of the log cabin ; and. AVherever it enters carrvmg a icloi iuus anguish .-and despair to me -very -uwiriu- :: stone, of the poor man, the cherished sanc tuary ol his patient wne anci cumnng nttie ones. i '..-... If the people be willing that this shall hike place, I am sure that I am not person ally; concerned to the contraiy. It is enough for me, occupying my present position, to euii.;their attention to it for consideration. We are told, however, bv gentlemen of intelligence-and iniluence, that it is neces sary, tb call this Convention, in oruer to minister relief to me peopie, m a punit which' demands instant attention ; ior which the slow operation ot legislative amendments will be mere mockery, in thiK connexion we are told ot tlie provision in the-present Constitution which requires the (ieneral .Assembly to inase provision for the-"regular and prompt" payment ol the Sintei-est. . nnon the State debt: mat we iavefiworn'a.t vonder desk, to olxiy -that Constitution, and that me interest s now liehinsl nriit mifoiinrs vfiariv Kisoinepi.mw-. 000. ' We are asked, with -emphasis, how we are to keep our oaths without ruining our constituents by enormous taxation ; and as freotlenipii no doubt, are very much op pressed tliemselves by reflecting upon their i : , . .. 4-1,;, ..ww.iwl tjv ,1.1 tn 11-ir thev are yery emphatic in presenting to all of ns, our nio'ral obligations in case-a Convention lx not called. For the i present, I make myself very eav- ill oii t this d ut v. I do not know What the amount of the State debt is. and until I do know. I shall, not vote lor any bin taxing the people to pay its interest. The 'amount in litigation ; gross frauds have leen'eommitted in contracting it. and to such frauds many of the holders have been -privv'. if not in fact, at least according to lirosnmntinns of law. The whole matter requires to be tooKeci into, anu ascertained. This-is a duty which devolves upon us, in this regard. My conscience impels me in this direction ! "i regard it as a matter to 1 2 a . . . , i l ie !innro:iehed and settled, not as mere mer chants, or attorneys, but in the spirit of an enlarsred statesmanship. It is an 'immense matter, and grows, and becomes wore u seiire as time passes. . I would appoint a commission of the very first citizens of the xtatri. noon liberal pay. and with the ex- l" a ... . ii .i. , ; pectation mat tney would give us an meir ti nm nil til the matter was settled or brought jwithin compass, and commit the matter to them, with instructions to reporu na e no men in our border too wise or too great for this purpose. I am sure it is economy so to deal with it, lueir appomuuem, n-r.nl.1 criv-e i&iirneri to our creditors, and to other holders of our Bonds'., that we will t am will Kiirimit, to. no wrong in that connexion ileanwhile, as i said, oir, i feel on ite pjlsv u lion the tax ouestion : and wih uud need no Convention upon that si'irp. . Tteidea sir. allow me to ask. in a husi- no w.i v what is the measure of the relief which vou offer to afliieted consciences Tt is :iid that "we have leen vir tuaHy sivorn to lay this tax. It is admit ted : f helieve. that the duty is one of those which lawyers call of imperfect obliga tions : that is, it cannot be enloreed, except bv one's sense of conscientious or religious obligation. That is the whole extent of it. I do not mean to underrate mat ejtijnt, m calling attention to what it is. Its a duty in conscience, and it is said that by amend im the Constitution, and striking it out. will relieve onr consciences. In the view taken by the gentlemen who have ex horted us upon this point, perhaps we iiiiwht to a oualified extent. For it would ...;u i.n ni,ii;ttori y,v them after the amend OLlll IHllllllW'VI, J 1 fc . . . - mont raasiwl that thfi State . was bound in honesty to pay the interest upon her just jdebt, regularly anu prompny mr- muw are the terms of her. contract. She prom- than this mav be added. We swore obedience, at that desk, not only to the Constitution of 1W, but to . the Consti the United States as well. Who will relieve our consciences from the effect rtf thia rv.irt of the oath f Does not tliat Con crlf iit;-i erente n imnerfect dUtV tof exactly the class of the duty created by the present State Constitution) fortified by the oaths of oiinm. ti nv that interest " regu larly and promptly." The only reason why itds only an imperfect duty, is, because tne . j - a . : i- . 1 . TTnWul tifotoa u-QS omen rled at. an early day so as to prevent ordin onriuruma from snin'g a State. But for that, it would 1x3 a perfect duty, enforceable" hv onsitifirt'imiJk in rne r euenu uuiis. lwu twinr ner feet is. machinery to en XU CfVA v.- r T " v . fna;t .Tthna ever v. other band: for in stance, that of morals, and where an oath of obedience to me uonsuiuuon oi ui uuikw States has been taken, that also of religion. At all events, to quite the same extent with . v.. No. 2. our present Constitution, whose provision upon this point is mere surplusage, i . Freedom then from one of two, oaths to perform a certain duty, is no relief to the MiTiscience which-remains burdened by tho .debt ; and is very far from - being any argu- ment to call a convention. nmeeu,iu eeiiis to me that there is reason for supposing mat this anrunient is onlv "spring taiU'.h woodcocks," and that" the anxiety for relief herein, is not verv profound, or at least not very-wido-spread. ljecause, wuno uts mm nmiural A uiuniKl v w.ivi nittilltr thirtvervhi- VJIV.. I1V.X..4 A . ... . T w. u. - - ty impended and pressed those who then - 1 A 1 . . . ......... V,1 1Katt.1i1 nvTf Ii , (V OCCUpieU. II1CJSO l. '.,ictuicuiu Huuiuift, and proposed nothing, to the elfefct now sug gested as unavoidable. Nevertheless, I see gentlemen who endorse this argument, both m this llouse and m me oeuaw, who were here at the last session, and call give no good account; perhaps, consistent with -the f.T.i.v..o nr tlieir iiMumil-. Hiatreaia of nm. IUllI V7 Vll II IV II 1. . V . ... - - science, or tlie zeal ot their exnoriauon to others against the sin these run so much, risk of why no bill, with their: names en dorsed as promoters, looking to! such taxa tion for the " regular and prompt" paymen of the interest for 188 or 1869, cr January, 1870, cannot be found among the public doc uments of the last assembly, iinese gen tlemen deservedly enjoy our esteem, and that of the public. No doubt they have a gocxl reason for tlieir silence.! At least, until I know better, 1 shall niakeTxild so to believe. , THE PRESIDENT AND HIS CRITICS. - : -, . j The Nation observes the fact that the President's ixisltion in the reirard and love of this count rv has evidently risen since his loyal deference to the general will in the matter ot an :jominfro, and adds, with something like a sneer, that nothing could show; more clearly how easily' Presidential reputations are won. We asK no Deuer inusiratioii than this sneer gives us of the loyalty of the President to the Constitution of his coilntry, and - of the distinction between that Constitution and the un written! traditions by . which ) most na tions are governed. ' It gave to -the President the duty of carrying out the will ofi the country as ascertained in certain ifixed methods. It did not give to him either as privilege I or duty, the part of carrying out liis own! will, if it happeneu to traverse tnat oi me country thus ascertained, j Isobody pretends that tne will oi tne country or tienerai u ran is ' lnaivmuai win hi exhibit the absolute ! riirht on any subject. But the Constitution sup-H Koses that, if the will ol tne country (a eiirripd out in the directions indi cated by certain persons chosen to rep resent it, sucn an amount, oi gooa un derstanding and a certainty of internal peace, and such a strength of move ment, will be secured as are more xnan sufficient to repay us for the joccasional lossos .which we mav suffer from mis sing that absolute or theoretical i right A T. 1 At 1,1 1 :4-..-..,. ,1,- way at wmcn uie iueai viiiuuua uB)wi is suoDOsed to aim. I ; f i JSow, this country nas nau no iacK of Presidents, who. with much talk about deference to the will of the conn try, really cared much more for the will of a coterie of Vinnnians or! a co- terie of contractors or oflice-hokiers. or , r - J of the-managers of a particiilar party. Tt had one. much nraiied in! our time by those who are left of the people who a .. i : .a u: ...u t.t vl always voteu aguiuat iiiui, wuu auucu nut his own will to the letter, and let the countrv and the coteries follow. obedient or srrumblincr as they chose. rrhe tve. ot government, oi wnicn ne i sarave uis the onlv illustration thus far, is much Draised bv writers of Mr. Carlvle's school, and is' simple enough, nnt tn wiv wicked enoutrh I to extort commendation from many people, who j x i . i : : i .v i. do not brinsr hieh prmcip e to their criticism of Dublic affairs. But it is not the tvne intended bv the American neonle. It is-not -the type indicated bv the American constitutions, j it is. a a a ; "W" A .. thprfnrp. nerfectlv true that I when General Grant, who has achieved mili tary renown the world over,! compared with which General Jackson's military fame is nothinsr. erracefully and I man fully showed that he was mot going forward in-his administration on uen eral Jackson's theory of deflarit auto-nr-ithi nr inmerisil rule, there was a sen- timerit of profound satisfaction among men who tninK oi tne oases pi our civil order. His reputation and his ! place in the resird and esteem of the Amer ican people were secured by;no victory in arms. In one of his perorations Mr. Sumner reminded thej .President that he who ruled his own spirit is greater than he who captures a city. Tho President has shown that he did not need that lession. 1 ! -What did this country expect of General Grant when it chose I him President ? What did' the republican party expect ? And what did he prom- a t t ' ,i i:iA ., I. S., ise : '- lie iiroinisti its iittit; i jiv; in apt to promise. He promised that he would fulfil the duties of the office as well as he could. To the i-epublican party, as such, he made no special E ledge, beyond what was implied in is accepting their nomination.'! Had the republican party any other candi date to bring forward ? After .- tlie fn i l n re of I ts own choice. Mi. Andrew Johnson, was it so weir assured of its ;i! l. r ' 4V.r4- im position utJiure inc uuiaiii.ij' iiiiAu av could elect any man it brought for ward? Were its different leaders and sections so united that it could i with much confidence unite in convention nn anv one who miirht happen to bekat tho frnnt ? . Tt was in no condition pin him up with terms or promises o administration, had he been the man to give pledges to anybody who asked for them. The republican party took General Grant from its general confi dence' in the man. 1 He was n no way pledged to its organized methods. It was understood that he hadj not S acted with it before the war. It was ' feared that the party could choose nobody else. It was also known that the- rank and file of the party and inost of its leaders wanted to choose no one else. It chose General Grant i with ita eyes open, and his administration began, lie did not ehoose his cabinet from the leaders of the party. Hence ( these tears, all of them. Wisely or unwise ly, often in our judgment unwisely, he Chose men unknown to the lepuptry at large, some of whom have proved in efficient. He has been the worst suffer er from this choice. He has had to bear obloquy which others ' ought to have borne. He has had to shoulder blunders which never; should have been made. But all their blunders and all the obloquy have never: made the President waver in his loyally to the great party which chose him, nor to toe will of the country, he undertook to serve. There is no savor 1 of John- RATES OP ADVERTISING j One square, one time, - i - - - 1 00 two umes,- - - - "r I oo ' " three times,- i - - 2 00 A square is the width of a column,in4 li inches deep. ; ' j , , r - I Contract Advertisementa . taken at proportionately low; ratos.. , ,7.. i Professional Cards. not exoeedine 1 souare. win De puDiisnea one year ior fiz. onnivjm rr Tvlprism In his nrmWiUnrN. TT TT . . . 1 .J. . 1 (' lie represents at- inis moment- mo i most "advanced republicans," '. This is to sav he is unrinir in all ways' at ;hisi ' command, as no other public "man)' does, the policy of nationality ana the . puiicy oi vjuiu iiiiior vi iiiiii uc niv; two cardinal Drinciples for which tho , party exists at all. And it even proves ' convenient for those whose position obliges them to blame, having enter tained us for years with wail about Cajsarism and other forms of Imperial- . ism, to sneer at him now because ho is willins-toitoD in his own projects if they cross the will of the American peopie. r i - i : . i ' i The republican party has gained at the hands of General Grant more than it dared ask for, all that it had . ft right to hope for, and much more than ita pnomiM eYrfe.tfd. i He has sunnosotl.' it is true, that a President of tho United States had some privileges andf duties n well as some resnonsibilitiek Ho has not accepted the convenient theory that tne iTesiaent oi tne unireu Diacea is only an office-clerk of the central- re publican committee, or an officer spo- cially appointed to countersign docu ments sent down to him from the : de partment. He has maintained a care- 1 ful nersonal knowledcre of thfe condi tion and , requirements of the various States bf the Union. ! He might be stud to be his own Secretary of. the Inte rior, so wide has been Ids correspond ence and so correct his information. . He has had theories, such as a military , mnn mhrht 1 exnecteil to have. . with regard the suppression of disorder. lie does not mean to ne rrouueni oi a country in which four or five -'.millions of his fellow-citizens have noj; rights. whatever, lie watches 1 the country, means to. have peace in the country, and Ijolieves that peace is to be main tained, if needful, by a strong hand. In these opinions the intelligent Henwv of the country is with him. We tloubt if the republican party will find for it self anv better policy. lioston , lkuly Advertiser. THE SOUTHERN BOURBONS. Thft T,niiiKViIle 7 Miner & one Of the ennsiderable ntimbr of liourlx Mi Dem ocratic journals that, refuse) to lie tnrii med. The ledger decians the Val landigham platform . a " stirrendering to Radimlism," and goesjonj in this style: ' ' - -,. i '''-.' ;: The Democratic party have continu ally been receding; before liadieal ag gression, and if they are to on' fur ther yielding all the distinctive features of the party, there will be no' necessity of retaining its organization.. If hold ing the offices and! sharing the public plunder is the onlyj principle involved in the politics of to-day, there is no ne cessity of keeping tip two political or ganizations. Democrats who think that getting into office is the one thing needful, can as readily accomplish their purpose bv -going oyer body and soul to the liadieal as they can by remaining in an organization differing frotu tleirs only in name. Longstreet's defection was rewarded. The surveyorship of the port of New Orleans was g price of his recantation Of the dmocratie faith, and there is no reason to believe that others desirous of accepting the situation will not be deatt with in a like liberal spirit. There is as mucli hope of success in a scrambld for the spoils in the ltadical organization its there is out of it. If the Democrats are to erect a platform uion which a liadi eal candidate, for the Presidency, can consistently stand, it would be better for them to go over to the liadieal party and insist upon a pro rata division of the offices. This plan is more proniis ing of success than the other."! .-. A very large proportion of tl o rfi Jin lcrs of the Democratic party i unques tionably share these views. Ilepubli can progress has draggecl wime Demo crats to a position which tlsey have heretofore been bitterly opposing, land standing there they imagine thenisel ves upon the charmed vantage ground on which iolitical victories may! be tt'on. the Ledger jxints out their mistake by saying: I 1 "In 185G the Republitran juirtywas more a proslavery jrarty than tlie Dem ocratic party'is in 1871. "( 1 ' j ; In oflier words,, the pnigreHsive) De mocracy has not yet progressed up to the Reimblican position of-fifteen years ao. The I Ledger shrewdly concludes that at this rate they can never over take, much less outstrip, the Republi cans, and had therefore letter?give up the task crat. in despair. SU Louis Ikmo- A HoiTFAfrAX NEWSPAPEK. A IJO- hemian newspaper has been sfcirfo'd 'in St. Iouis, and it introduces itself to the public by announcing that ; . . . "Naznacila dosti presne onu cestu, kterouz se kazda ojjirava zakladu tech musi kplatnosti ubirati ; nez nikedy nezaponienem. ze hroby ve vidce iar dynch hrdinu jstou hninici.kteraz mezi dobcu republiky pred rebelli a dobou nxHftsft e nne. to iest. ie opboj ktatu jiznich byl udalosti." - i lift iiiit'iiiiHii wriLCfn muuiiu iavit York say the editor Is not worth a dyit in getting up sensational paragraphs. They can beat the above every hour in the day. The pajer is called Obkanske. Lisly and we wish it success. J The largest paper in the world i said to be the Hereford (England) Time, established in 1832. It is published weekly, consists of two sheets,! each consisting of eight pages, each page of seven columns thecolumns Uing long er than those of the London Time, and each page contains one more column than a page of the Time. In addition, a railway table of seven columns is pub-; lished every month and give,! away with the newspaper, ' the pried of tho whole being three and a half cents. I A notable feature is, the indices one in dex referring to every department of . news and advertisements, and the other referring to the auction adver-. tisements, the latter forming a dis tinguished feature. The paper is pub lished in a cathedral city of less than 20,000 inhabitants.. The average circu lation exceeds 10,000 copies, and the ad vertisements during 1870 numbered more than 20,000. - - P tjio wlfft - whn wnnld ? tironerlv is- charge her duties must never lia ve a soul "above buttons," - r- : :.'::'!' 1 i - ': : V - t . . . 1 . : i -f ' t , - . : ! ' ! M i', -"S : "". ' .1 !