The Law, and the Testimony,
The CWstltutition of North Carolina
tpressly declares that NO CONVEN
TION OF TH K PEOPLE SHALL
Hi: CALLED BY THE GENERAL
"ASSEMIJLY, UNLESS BY THE
IX)XCUHUENCE OF TWO-THIRDS
O FALL THE MEMBERS OF EACH
HOUSE OF THE GENERAL AS
SEMBLY. J
JUDGE GASTON AND CONVENTION.
, Upon the question of amending the
Constitution In tlic Convention of 183.3,
Judge Gaston said:
j 4Thiswas one of the most impor
tant questions that had come before
'the Convention; for, whatever bene
fit we may have promised ourselves
from our laliors in the body, In laying
the foundation of our Constitution on
equitable and fair principles, If we put
it in the power of bare legislative major
ities' to upset them all, then indeed
have we toiled In vain, j He was not
only surprised, but filled with fearful
apprehension. It appears as if this
I truly was going rashly from one ex
treme to another. Because difficulty
has l.oeh oxixTinieed In calling a Con
vention to amend our Constitution, we
:m determined to have . a perpetually
t hanging Constitution. What . is the
proHisition recommended in the Re
lort? That to suvecding Ix'jjisla-
t;i:es, bv a lore majority or votes,
may alter any jiurt of the Amend
Mints which' mav I adopted by this
( "ofivcntion, or -any principle in the
Bill of Rights, coiwcratcu for the se
curity or our lives, Iilerty. and prop
it v. What rnsoii is irlven for this
lu-iMi-dinir? Tit at a maiority ought Jo
govern. Ix't us not lx? deceived by gent-ninth's.
In what sense ought major
it r to aorern! That the dclilerate
will of the lK'oi.Ie ourht ultimately to
prevail, no one will deny; but that
1 In temporary trill of a majority , which
may lr prmhn-eil by the effervescence if
II..' hiOi,a;ttt ought to lU irhaf if pirate.,
re' tip ami pal down Constitutions from
i fay tt nay no man can l;e - extrava
;'int a-: to dsire.
"If nothing more is .ncedd for the
pnrjn4 of government th:i! this brief
niaxiiii, li t tlie majority govern, what
ije.-onu-s of all our clnvks on majori
ties? hy have two brain hes in our
Ix-gi.-lalure? Why judicial establish
ments. Why tiial "by jury? If we
adopt this unfettered principle, why
anv or tnse csiaonnmemsr
Chief Justice had no doubt whatever
about the revolutionary character of a
Convention called after the manner In
which the present Is attempted to be
called. This will be almost universally
admitted to be the very highest author
Ity that can be . cited on either side in
the pending contest, and will, we be
lieve,' have more weight than any
other.
We liave Italicised certain portions of
the letter bearing more closely on the
question now under discussion :
You will perceive, that I have hith
erto discussed this subject, as depend
Ingon the original and natural rights
of our people, unaffected by any pro
vision of our pre-existing Constitution;
and, even on tliat lasis, I deny the au
thority of your Convention to make or
propose a new or modilied form or gov
ernment for as. Rut the clause in our
Constitution touching its amendment,
or the call for'a Convention for that
purpose, is so clear and so precise
against any such Convention as we liave
liad, as to put the point beyond doubt
or argument, as it seems to me. Two
modesof amendingtheConstitution are
provided: One through the agency of
the General Assembly, jroj:osing an
amendment for ratification by a vote
of the people, which need not be con
sidercu here ; the other, by a Conven
tion called in a manner prescribed in
the Constitution, which is the matter
now for consideration. It is obvious
that, in prescribing these ttvo, all other
moifes are excluded by irresistible infer
ence. In respect , to a Convention, the
words are, ' No Convention " of the
IcopIe sliall le called by the General
Assembly unless by the concurrence or
two-thirds of all the members of each
House of the General Assembly." "In
either case the regularly constituted au
thority of the organized government is
required to initiate an alteration of the
govern men t, which was no doubt, upon
.the sound principle laid down in the
Rhode Island case, in order to avoid
jwqmlar commotions, revolutions, and
uncertainty as to what Is the Constitu
tion. If, then, the two modes designa
ted are the only oneshy which the Cons
titution can 1k altered, it is clear that
this last so-called Convention was
not a Constitutional " thn vent ion, and
therefore its acts are void.
Yielding' then; that Mr. Johnson's
and Mri 1 1 olden 's j Convention might,
by popular acquiescence, adopt for us
the measures demanded by them, yet
it hail no existence as a Convention of
the ieople of North Carolina under the
elation, and therefore, the conjoint
resolution and votes of the two j bod
ies shave no more effect than that
of "either by. itself. I conclude it
is no Constitution, and cannot be mado
one by what has been done, or . can be
done now. j
What, then, does it behoove the peo
ple to do ? They ought, it seems to me,
promptly and decisively to reject the
whole project. If it be suggested,l that
f rt Aim arnoFtanA nil AAntfDnHni j fctrtf
those of 'TGTwhich formed our original J ft"31 Wanted, and good for
0 loll rha niaaoooa . x r a hAltf tlitiA
Constitution, have regularly made
I . For the Carolina Era.
LETTER FROM ABEL' STEADFAST.
Mb. Editor : I have often heard
that A. doctor never takes his own
pills." This has set me to thinking
about the political quackery of the
present legislature. When the mem
bers were candidates, they promised
the people great retrenchment and re
form. They pretended that they had:
some wonderful Democratic JSconoml-
CENERAL
From the Charlotte Observer. j
RUFUS BARRINGER ON
CONVENTION, v
THE
them worse and worse, and therefore.
we had better take this than run fur
ther risks, and especially that, at least,
those who approve of the alterations
shall give their suffrage for adoption.
I reply, no ! Tlie great principle of po
litical and civil liberty, that a -people
may, and ought to make a- Constitution
and Government for themselves ; ttal in
so doing they ought to be careful to pro
ceed in the regular and peaceful method
which is prescribed, instead of an unau
thorized, irregular and usurped inode
from tchich uncertainty as to the validity
of their aoingsand consequent commo
tions arise, furnish the strongest reasons
why every man should give, his boiee
against the instrument now projtoscd, and
wait for the action of the legislature,
Uie proposing of amendments to the, peo
ple or Vie duly calling of a
have
Convention
legitimate poicer to
"He would
most ilesiNitii1
rather live under the
government on tttrth,
than under an unlimih-d government
of mimliers. : He might estuie the no-
Tyrant, but thcry could lie
a multitude or Ty-
of ont
l"S4-aH
Mluts which affect our internal organi
zation as a distinct
for examplc.the basis
too uuauncations 01 ine um)
tives, and of voters: the number and
jurisdiction of Courts; the appointment
or the Judges thereor; the tenure of
their office, and that of the executive.
or the like. A'o disquisition can render
thete points clearer than the short and
si mole paraqrauh of the (bnslitution it
self. The conclusion can only Ik evad- j
cd by establishing as the truth, that the
-MM W A - M J - .
which would
adapt them.
ljet me nere auuuce a case wnicn 1
ought to have added to the efficiency
of the popular vote per se. I adduce
it, because It I clear to the apprehen
sions of every one, and exhibits n a
strong light the correctness of th ar
gument against the popular power a
mere majority over the Constitution
of a nation. The case to which I al
luded, Is that of the government of the
United States. The Constitution there
8Itf?cifles the modes of amendment;
modes intended to protect minorities
against superior, numbers. JNow, sup-
IKse, upon this assumption, that
ieople may do as to them listeth,
tliat, the majority of the people
the people, an attempt were made
to alter the Federal Constitution of the
United States what sort of a Consti
tution should we have who could! en
dure it, especially at the South who
would endure it and hold it to be a
Constitution? So it is under thebro
visions of our State Constitution. Then
let our people with one voice reject it.
That Will quiet everything and we
may begin anew, in a lawful way to
make the Constitution wliat we wish
it. But, if approved by the people
and proclaimed by the Governor,! all
the questions upon the validity on the
the
and
are
.....:..:,... ...,.1 -...li 4 1. ,... ..
Mfii-Miiuiuiii, nun nnuu 1101, iiHTViurv, e f ,
alter that instrument in any of these p"f."VlMm llluA,unm1 "4 "u V?"
vchtion arise questions afftxting (the
- lavlif- tA oil thn filil nnl rlia nmtr nmwui
licpuoiicitn state ; .i j i ,., ,t. .n.i t 1
of representation V- JUUVU" , uws , liV
clisciuietude incident to them, nor to
the .embarrassments of the Judiciary.
Your friend,
THOMAS
Ac,
KUFFIN
from
tin
no
rants."
On a su! (sequent tbiy, i 3Ir. (iaston,
of Craven, thought ' that the sen
of the Convention had Ikh-ii so
distinctly ascertained, the other day
when the question Wais discussed; that
ho further obstacle could U titrown in
the way of carrying" out the principles
agreiilon. I
lint we an now met by I the iopuIar
cry, that we are alxait to limit the jxar
tr if the iite. It was not the jM-ojtle
but the creatures of the leople, that the
r.iiieudment promised to Jimit. The
i ourse proiHis! was not an unusual
out. it was n-ognizei in tnrtH con
stitutions which he had picked up on
the spur or the moment; viz: South
Carolina, Alalcuna and; the United
States. It is to imjto.-e a j clinch on the
jyislalure, that if may not avail itself
if an aceiitentaf majority to disturb the
njtosc if the jtettpte byfretptenttyxtlling
them together in (mrentton. Ve are
called on by every consideration, not
to sanction the principh, that a bare.
majority may authorize a Convention, if
we do, we shall Ik ex pose I tocontinual
lluctuations. Th peojiU have, it is
true, the sacred right br Revolution,
they ossess the jKiwerof rising in their
might and upturning the fundamental
principles) of government; but they
t-annot do it, unless the ehiergcney is
great. . Mr. (i. concludetl by saying, if
th rigid of a Imre majority to call a
(hnrrnlion were nvognizcd in the Con
stitution be would not give one fig for
all the matters which the Convention
had Uvn engaged in adjusting, since it
assembled. Instead of any permanent
regulations, everything j. would Ih set
afloat and we should have a new Con
stitution every two or three years.
eli use of the Constitution was no longer
in force, and tha't
ttosition 'cannot Ik?
- For the Carolina Era.
JJliloe JJra: It is truly encouraging
to see how the Convention emetiti is
! oiKiratingipon the honest law-abiding
ina.s.st's in mi section oi. xne goou niti
State, the efforts of the Revolutionists
to check the dangerous -effects of the
over dose to the contrary notwithstand
ing. The laboring classes are calculat
ing; how many drops of sweat, liow
many bushels of corn anu wheat, and
how many pounds , of beef and pork it
is going to take to iay the exnehse
not assert j i... ii,n i., t .. -,ii,.,i
such a doctrine, but plainly proceeds j.-i'fier df
uiK)n a contrary one, by -professing to 2SSJ"S
all the diseases of the body politic.
They, gave a good dose to clerks, sher
iffs, constables, jurors, and other small
officers, which put them on light diet,
and brought them almost to starvation
point. The doctors gave jurors six
cents' milage, and take twenty cents
a mile for themselves ; and then many
of them travel on the cars as dead heads,
while the poor juryman lias a stumpy
and muddy road to travel.
I would like to take some of the pills
they gave their favorite Public Printer.
Thev were sorter fraidof him, and they
tried to coax the bear. He has a
"party lash" which makes them fall
into ranks; and then he can puff so
nice and make big men out of small
pertaters. . j
I don't think the doctors arc good at
edecation. They paid about twelve
thousand dollars to make one book, and
they had to git a Yankee to write for
them at a hundred dollars a day to do
that. That's putty steep, and don't say
much .for the " Economical pills."
They say that the Radikils, taking
seven dollars a day, was as good as
stealing, and still they have done the
same thing, according to my kalkerla
tion. The Radikal seven dollars would
only buy 2 bushels and a peck of wheat,
and the Demikrat five dollars would
buy five bushels of wheat. The Radi
kils got the most money, but the Dem
ikrats had the. most flour doings, and
cheapest board. I he rarmer who makes
the wheat knows which side got most.
That trial of the Governor was an
other " Economical Pill." They said
it was a clear case, and yet they got
some big lawyers, and paid high for
them. The doctors did not know much
about law, or they ought to have tried
the case. That fifty thousand dollar
pill is very hard to take.
They sorter promised to stop the
taxes, and yet they passed more county
special tax bills than was ever heard of
before, and say they will have. to tax
us to death, unless we break up the gov
ernment. They passed no good laws, and spent
about five months in passing private
bills and making corporations at twelve
hundred dollars a day, when corpora
tions can be made at home and cost
nothing.
They promised to reduce the number
of officers, and yet they made two
Deputy-Governors. I don't know why
they made two, unless the patterns
were small and it took two to niake a
whole one. I don't know exactly how
to call them, as I cannot tell which is
the head and which the tail. I call
them Deputy-Governor Captain Warren
Jarvis ; and my nabors say they think
that will do, as little men like big
Hied, is or questionable vaimity. Vnhnrlv ll
rity and precedent are both UJ'$ mtv
: it. With this fact lying it the. jS!nn nr WllS ol
iresholdof the movement is it
r lKksi
true, unless it le also admitted, that no
other part of it was in force, or, in other
words, that by virtue of the war and
its results, we were a people without
Constitution or law of any sort. It
necessarily comes to that, and that
never ought to be, and never can "bey
yielded. Perhaps it would be sufficient
lor our present purposes, to say, that,
even your Convention does
names.
I have just
are going ito
give bond to
STATE OF NORTH CAROLINA,
SlTpKKMK Col'KT,
Raleigh, Feb. 11th, l.STl
To Hi lieieltenry, Govi. CALDWELL:
Si i !n roiilv to -iiii frknimiuiii-
tion of the lth inst., 1 have the honor
to say, that the Chief Justice, and Jus-tii-es
Rodman, Dick and Settle are of
opinion that the act to which you refer,
is in violation of the Constitution. .
All Igislative innvcr is vested in the
General Assembly. Calling a Conven-
. ? I . A. r I 11 r II
1IOU I.- till UCl OI ICglMUlIOU. It IOUOWS
that no Convention can j be called un
b :- it ledoneby the General Assembly.
........ a.x ill
M-Ives no Miwer of legislation : It fol
lows,, that a 'Convention cannot be
t-ali-d by a vote of the people; nor
will uch voting enablqitne General
.Assembly to call a Convention, in a
manner not authorized by the Consti
Justice Reade, for the reason stated
by him when the opinion of the Jus-
, t ices was requested by the General As
sembly In regard to the tenure of of
fice, K"lines to give an opinion.
Coon the second ciuestion in regard
to your duty, provided you believe the
act to be unconstitutional, the Justices
do not Teel at liberty to offer an opin
ion. ; i
Very rrsictfully.t Sre.,
It. M. PEARSON,
, Chief Justsce, Supreme Court.
From the Old 2forth State.1
CHIEF JUSTICE RUPFIN ON THE MODE OF
CALLINQ A CONVENTION.
"amend" our old Constitution, as still
sulsisting, and not to make one abori
gine, and by designating the old laws
still in force as (tintra-distinguished
from those passed by legislatures sit
ting under the auspices or secession.
Indeed, it is impossible under any as-K-ct
or any law, as understoKl among
civilized nations and in iiKxlcrn tiniesj
that a whole people can be Ireattl or
consilenI as being without any law
or ministers of the law, even by con-'
querors. The security, ami the obliga
tion of contracts still subsist. Can it,
for instance, lx? supposed fora moment,'
that upon "the death or a proprietor,
there is no rule of succession to his real
and lx'rsonal estates, and that the first .
occupant may appropriate them, or
that no lody can! On the contrary, I
say, that the laws of North Carolina
were still her laws, including her fun
damental law, and if so, it is then to be
deduced, that there, could be no Conven
tion to abrogate or to alter that law,, un
less called and chosen in the manner pre
scribed in if, and that, as a corollary,
your. Con ventien had no power in the
premises, and its pretended powers and
acts ought not to be confirmed by the
people, if the jK-oplc could confirm
them, but ought to be opposed and re
jected. It would seem that body was
aware of the defect of its powers,from the
submission or those acts to the people
thus seeking the requisite confirmation.
Rut, in trutn, such confirmation can
not be derived from that source ; for
the same provision in the Constitution
which-makes the Convention a nullity,
equally excludes the efficiency or a
popular majority to annul one Consti
tution and make another. As the act
or a people living under a constitution
al Government, even the vote or the
majority is propria vigore ineffectual,
without the assent or the subsisting
constitutional government and its di
rections ror taking the vote and ascer
taining the majority. Without such
previous authority and regulations the
majority, if physically able, may over
throw the existing government, but it
can only do so by revolution and not
as possessing a legitimate delegated
office and power. I need not, how
ever, dilate further on this topic as the
grounds and authorities on which the
doctrine depends are. ac o "ding to my
recollections, set forth in the anrument
and opinion given, by the Supreme
Court in Dorr's case. Then, if the
people of a State cannot, by their own
direct vote, abrogate or make a Con-
t, A A A a . a
siuuuon, wunout tne previous sanc
tion of authority in power under the
existing government, as in Dorr's case,
mucii less can mey ao it, wien the von
stitution then subsisting especially pro
vides two other modes for effecting these
purposes and exclutles all besides, which
is our case.
We arrive then, at these results : tliat
the Convention was notconstituuonaP;
it had no powers and could not make a
constitution ittiat for the same reason
the people IiAve no powers, and that as
neither the Convention nor the people
had any power in the premises, by con
sequence, both together are equally des
titutute of the requisite power. 2he
Af A A K 1 I -
L.onvtTuion teas an auuionzea ooay, ana,
dollars squandered in the Holden Im
peachment they find that barely enough
! will be left to keep the wolf -from the
door, anil say they cannot take the pill.
They say the last Legislature was
worse than Kirks raiders, for they
would come boldly up to a man's door
and demand what they wanted and
that too in open day-light, but the
legislature took "snap judgment" .on
them and comes like a thief in the
night, when you least expect it. There
is.t he sixty-One thousand dollars spent
to impeach Holden, the three thousand
dollars to pay the lawyers to prosecute
him, the $4,o75.00 paid to a yankee re
lorter for 44 days writing down the
evidence of the witnesses against Hol
den, the fcViM.ol paid for printing the
book containing the evidence against
Holden, all go to make up a considera
ble claim in the tax list to come out
or the pockets or the hard-working peo
ple of the state. This accounts for the
increase of taxation, from, 3G cents to
r2 cents on the hundred dollars worh
of property 10 cents higher than last
year. We voted for the members of
the present Legislature under solemn
Sroniises that times would be better n
Torth Car61ina. .The people feel that
they have been deceived in this matter.
Instead of times being - bettered
they have gone from bad to worse, un-
in now we una ourselves on tne verge
of another Revolution, which with the
high taxation incidental from bad Leg
islation we find ourselves up here in
the mountains well nigh ruined.
All these facts combined have had.
the effect to open the people's eyes in
this section of the State.' We are fullyf
aroused upon this question of Conven
tion in the mountains. We look upon
it as an issue between -peace and war.
A covert attempt on the part of the
Legislature at Revolution. The good
people are rising up in their might in
all ia'rts or the country and swearing
by their right or suffrage that they will
not; Ik led blindfolded into another
Revolution. The people or this county
have heretofore been largely Conserva
tive, but they have combined with the
Republicans with one accord, in &
solemn resolve, to vote against this at
tempt at Revolution. Determination
can be seen in almost everybody's face
a determination to vote down the
Convention
nit r- i.i. t-vr
Aiie- ucacun iirvs oi iiiu ru w.uiivtii
beam that the Deputies
make Maj. Bill Smith
keep the peace and not
make such big dividends on the rail
road. I don't blame them, as I hear
Maj. Bill tea ruff cuss-tomer, but as he
lives in Alamance, I reckon he will
jrove an a-ly-by by somebody. I don't
enow how it is that a fellow can get
limself out or a scrape by proving a-ly-
by by anybody. That is a new dodge
which the Ku Klux brought from Ten
nessey or Georgy ; but I reckon our
Deputies will know how to manage
Major BilL They will stop the divi
dends anyhow, since they can't be ta-
Ken to pay per aiem to tne doctors in
the Legislature. i
The big Economical Pill is the Con
vention. That's a level hundred thou
sand, certain. Lawyer Love said the
doctors and the people did not want to
take it ; but " crack" went the party
lash, and they trotted into traces, and
they think they can scare the people in
by big talk. The new offices are all
promised out. Fifty offices is to be di
vided between two hundred.' -That's
more than riding double, like Captain
Warren-Jarvis. There will be a fuss
when that division is made.
I think the Economical Pill will turn
out to be nothing but " dead shot ver
miruge," and the doctors will be killed
by their own physic.
Friendly,
Abel. Steadfast.
Shady Homestead, July 4, '71.
Cat a tiTjOtte. July 7.
Editor Observer:- f J
I am so often asked for my vi3ws in
regard to a Convention, that I may be
pardoned a brief statement of them
through the public press. Free and
fair discussion is what the country now
greatly needs. 1 J I ,
I am opposed to a Convention m the
present juncture of our affairs. The or
eranie law should not be chanfired.Hvhen
possible to avoid it. except in times of
quiet and confidence, and when the co
operation or good men oi an qiasses
could be secured. This is impossible
at present. Public affairs, especially
in this State, are now in great doubt
and confusion. Even the act itseir, un
der which the Convention is
to be called, is or questionable
Authority
against
very threshold
possible that the work of the Conven
tion could prove satisfactory or perma
nent in its results? It is -more apt to
lead to further, confusion and vorse
complications if not to conflict,, and
violence. p - j; : ;
But mv main objection lies in a dif
ferent direction.'
The Constitution of 18(18 has its derects
and blemishes. ! But for one. I db not
hesitate to say that in my humble bpin-
lon, that hated and much abased in
strument contains many excellent! pro
visions. Its enemies admit this,' when
they propose, as they constantly do, to
retain and re-adoot so man v of itil pe
culiar features, such as its principles of
equality before the law, the abolition
of all property qualifications for .office,
the Homestead, protection to the es
tates of married i women, the Laborer
and Mechanic's Lien, the eouatidn of
taxation, the destruction of all distinc
tions between Courts of Law and Cburts
of Eouitv. the establishment of a sound
and convenient Probate system! the
enlarged jurisdiction or Justices oi the
Peace,1 the concession Of local self-gov
ernment to the masses, &c, &e. Jfhesc
are great improvements on the old sys
tem, and will ultimately work well.
Give the new Constitution a fair trial,
and I have no doubt, the friends of
Convention would ere long fall injlove
with others o its peculiar features its
so-called novelties and innovation.
People fret themselves over the losses
and changes of the war, and clamor for
the old .order of things, as though it
were possible to escape the terrible
evils incident to all violent changi
revolutions. This cannot be. Bu
could, I would not go back to th
Constitution. That instrument,
had its merits. But its essential
tures were an outrage on the great mass
or thej humbler whites, and prowd a
curse to the State. It kept -.thc.masses
destitute and ignorant. It drove hun
dreds of thousands from the State ; land
it did more than any one thing hj fix
on North Carolina the opprobrious
epithet of Rip Van Winkle. The peo
ple rose up against it in 1835. I joined
in denouncing it in 1851, in the " Wes
tern Address," and I now hope it. is dead
forever. ' . : ' f
The 'chief merit of the Coristitu
of 1808 is, that it fully and freeH ac
cepts the results oi the war,. and re
nizes the true principles of popular
and development ; and this, with
ter safeguards than ever before.
Our I incompetent and worthless bin
cers, and late reckless legislation ismot
the fault of the Constitution. It ls
rnr the Carolina .ra.
i LETTER FROM REV. J. W. HOOD.
.!':-. ' I I ,
Tvr Fpttor : I see by your issue of
th 4th inst. that X have been the sup-.
ject of a recent article j in the SeJinei.
that nimr tO Keep in Uiu in"'1" "
that paper i . . ; .vho haVe
people tne ineuiuijr u --" --z
Sone the most for the benefit of the
tt u-hn have worKea uiemiM"
and received the least for their services,
i toSfc that I should feeh great y
slighted if it should pass ny name in
silence. . L l. L: Lwr
received the sum of $1,877.85 for thir-
tunities in a State of freedom has qual-
And I have fears that thi is the way
thev will protect us in our Tights
throughout the State If their Conven
tion scheme succeeds .
i A't. Suo't. Public Instruction.
Charlotte, July am, izu. ;
teen months service. This is erroneous
m,nt nf ft'r.-.iv Personally, i
care nothing for the statement.. Ilad
t rwi;wv.i thn. sum nameu, ior
neriod iriven. I would still have been
r . 13 . i
, Or fitness for
of duty in any
particular upon me, imd as i nau an
occasion once ueiore to suue, i u wv,
is Opposed to a colored (Assistant Super
intendent or Public Instruction except
those who are unwilling that colored
children shall have fair play m school
matters.'! j J ,1 .
Tho nnnnintment then being neces-
sarv, and the position having been so
weil filled, that no word of complaint is
heard, I repeat that the amount named
is not large. But I did not receive it ;
and as the statement is made for parti
zan purposes, it seems proper that I
should give the; party I that is held re
sponsible, the benefit of the facts. They
areas follows: ) j
When first appointeo, I was allowed.
$104.16Jjper month $1,250.00 per year.
For the first five months I drew $100
per month ; on the sixth month I drew
$125, making in all a half year's salary.
For the nextnvej montns l arew, as oe
fore, $100 each. (But in the! meanwhile
I had petitioned the B6ard :to raise my
salary to $1,500, as I founds my travel
ing expenses would amount to $500 per
annum. I had also asked ) for $182.85
extra, for traveling expenses incurred
from December, 180S, to August, 1809,
inclusive: JNIv salary was! raised to
date
end
't'Og-
life
et-
mainly the result of the course pursped
by our leading men in-the elections of
18G7-iS, when they advised the W'hjites
to stand aloof and have nothing to do
with ;negro sutfrage." They have! at
last had their eyes opened, and tjiey
now come with their "New Depart
ure," and say, j " trust us again let us
provide the organic law." But alter
the sad experience of 18G1, the stupidi
ty of 18G5, and the criminal blunders
of 18G7-8, 1 prefer to see no more Con
ventions called until things get some
what settled. ; j
Let jour friends of the " .New Depart;
ure" turn their attention to the changed
situation surrounding them. Let .them
,1 X XI 1 i !J
aoovu.au, ucvoie uiciiiseives 10 pracu
eal legislation, to the restoration o
peace and confidence, and to the de.tel
opment oi our vast resources, and taey
will cease to abuse the Constitution of
1868, just as they have ceased to
!, from No wlst? 18G9, sd that, at the
of November, I received $125 for
that month, also the $4.1G for each of
the months proceeding in all $20.83.
There was some Opposition to paying
me the additional amount for traveling
expenses, and therefore a (delay; but
facts and figures convinced them that
it was just, and it was granted.
Hence I received, in Jan., 1870, a bal
ance due for expense incurred previous
to September, 1809. This amount the
S5?HererroneousIy adds to the amount
actually paid for , the period named.
But even this will not make the amount
reach the, figures it gives.
For September and Pctober, 1809, I
was paid sini.lGj. lrom CNovember,
18G0, to September, 1870, inclusive, for
each, $13, making in an $1 ,sif ior
the thirteen months. And this is every
cent I received for theperod named ;
and the whole amount paid me, for
salary and traveling dxpense, for the
twenty-seven months for which I have
been paid, is $47.47$ Ijss than $1,500
per year.? . j
When tlie, Sentinel's iiarty was in
Eower it pad an Agent for Swamp
ands $1,500 a year; to sit in Raleigh and
read newspapers. 'Thus it will be seen
that the Sentinel and Its party places a
higher estimate' upon j these Swamp
Lands, I which never have been any
benefit to the State; than thbv do upon
the educational interests of 125,000
colored children. Should they succeed
in caning a convention we may ex
peep to see the Swamp
re-established, and the
But
Land Agency
Colored School
to . the Send-
amount which
thb thirteen
DON'T WANT ANY
For the Carolina Era.
MORE CONVENTIONS.
man.
from
vote.
Mr Editoii : I am a colored
I have always been free, and
1817 to 1835, I was allowed to
The Convention of 1835 deprived me
of the right to vote, simply because I
was colored. In 1858, the men who
are-now calling for a Convention, made
a strong effort "in the Legislature to
have me and all the free colored peo
ple in North Carolina, sold into slavery.
Col. L. W. Ilumphey, of Onslow,
introduced the bill in the Senate and
advocated its passage.
I want to say to my colored friends
and to my white friends I don't want
any more Constitutional Conventions.
I was deprived or the right to vote
by one or them, and I am afraid or
them. I warn you against them. My
colored friends, the Convention which
tne conservatives are now so anxious
for, may do you as the Convention of
1835 did me. I. want every colored
man, and every friend of law and order
in the State, to go to the polls on the
first Thursday-in August, and vote
"no Convention."'
W. A. B.
Fraxkijxton, July 4, 1871.
as tney nave ceased toiler
nounce "iNigger voting" and the "nor
rors of reconstruction." .
They would in this way soon ri
of worthless officials. They would
virtue and intelligence resume t
wonted sway, and ere long, the coun
would once .-more rejoice in. plentiful
barns and hopetul homes.
Yours, &c, j
RUFUS BARRINGER
cBus
see
heir
trv
For the Carolina Era.
Mr. Editor: The Republicans and
tion" men blaze on almost every hillj 1 anti-Conventionists of this County have
top in the county.
hills are moving on
anx to sure victory
Under date of July the 21, 1SC6 the
late Chief Justice Rufilii wrote a long
letter to a member of that body, dis
cassing the powers of tlio Convention
of 1805. We present below all of that , therefore no more than a rahmtary col
pnrt or his letter In relation to the man- j lection of so many inena caucus te
nor in which a Convention of the poo- j commending to the people to adopt by
" it . . J.. their vote a certain Instrument as our
pie must be called under the Oonstitu- constitution, a thing which the peo
tlon of this State. It Is clear, unequiv- Pie. under our Constitution, are not
ocal and to the point. ,
The eminent I competent to do on that recommen-
TIic men of the
in one solid phalt
in August next!
The freemen of the mountains are nd
longer going to submit to the part V
lash.: .Cheering news comes from aft,
parts of the counties west of here. The
universal cry is "iTo Convention."-
Down with Revolution t- Homestead for
ever and low taxation."
; Yours truly,
Haywood.
R iciiiJvnd, Haywood Co., July, 1671
TlIKl )EMOCRACY OF ARKANSAS haVCj
accepted the new departure, negro suei
frage and, all. This is the most encouraJ
ging sign yet seen in the political skiesj
When the Arkansas democracy the;
bowie-knife, draw-poker, blood-drinking
Democrats of old chivalry antece
dents accept negro suffrage the spirit
of reform must be scouring through the
Democratic party like alcohol through
the pores of an old toper. Herald,
selected Hon. J W. Albertson as their
standard-bearer; a more efficient can
didate could not have been chosen ; he
is the right man in the right place.
and he will make some of the swell-head-Conventionists
reel dike quietly
reposing beneath the shadow of some
big tree, with a fan. to cool them,
before the campaign is over. The op
position candidate, Mr. Skinner, is an
honorable high-minded gentleman, and
a rriend of ours ; but his opponent .will
use him up before the 3ra of August.
Two thirds of this county will, -vote.
a?ainst anv such foreign Revolutionary
measure as this new method or call
ing a Convention. People are afraid
of it and it is well they are, for it is
a dangerous trick, and should not be
encouraged by any. lover of peace, law
and order. Your paper is doing good
work, let it come. 1 think it has con
verted some, and there are some still
halting between two opinions. If they
continue to read it, they too will be,
all right by election day. " B.
Perquimans, July 10, 1871.
; For the Carolina Erf.
Editor of the Era : I
, Dear Sir: Thinking perhaps tliat
you would be anxious, ' with - thoselof.
your middle and eastern friends,to
know how matters are progressing iin
the region west or the mountains, I can
inform you that the friends of the Con
vention question are growing " small
by degrees and beautifully less." Jn
some or the western counties, it lias
hardly enough friends, to keep it com
pany. In Henderson county the peo
ple are almost a unit against it. Thelre
will be, I think, a large majority In
this county against it. The ''same cjm
be said of Madison, Mitchell, &c, coun
ties throughuwhich I have traveled re
cently.1 Transylvania will also roll ip
a big majority against it. At a towfi
ship meeting last Saturday at Lime
stone, there were not less than one hufi
dred present. Of this number I can
didly do not believe there were a half
dozen Convention men present ; though
I am candid enough to say tliat thefe
will be more than a half dozen in tlie
township who will go for Conventioif ;
but we will gain largely in that town
ship this year. I am of the opinioL
that if the people turn out and arc
allowed to votei unmolested, you w01
not near anything more about the Coil
yenuon soon. : Yours, truly,
BUNCOMBE.
Agency abolished,
net's figures again s
isy adding to tne
actually! received for
months named, the $182.02 which was
allowed me for traveling expenses, for
a period antecedent to (those months,
and $12.50 of what I received in Nov.
18G9, which was a balance due for
months previous to the I period named,
and we have in all, $l,777j85J. Only
one hundred short of the SentinePs fig
ures. How is this to be) accounted for ?
Easy enough the SenfihePsl ingenuity.
It would lose its reputation if it
should fail in so small a matter, in its
own particular linel Iri 18GJ) I received
pay tor tie month of Angust in Sep-
of September
month of Oc-
tember ; ifor the month
in October, and for the
tober in November. But for No vein
ber I received my pay !at tjhe close of
that jmonth, instead of the beginning of
the following month, and from thence
forward I received' pay Sat the close of
the month. So it will be seen that the
Sentinel has taxed itself (with the labor
of hunting up a period in which it
could crowd the pay of fourteen months
into thirteen. Ingenious', I grant. '
When I first read the article. I won
dered why November. 1869-'70. had
not been selected, as I had received.
during that period, at the rate of $1,500
peri year. Why should! it select two
months of a period in which I was re
ceiving a smaller amount ? But a mo
ment's reflection made all plain. In
that case the ingenuity could not have
been so cleverly hid. It! was necessarv
to go back a month or two iso that the
two entries in November would not be
so readily noticed The design of the
article seems to have -bfenj to get up
wjihi wouki appear an enormous sum
in the eyes of those whd despise to see
a colored man paid for his services, like
white men are, no niatter what his
ability. And these are the men who
are trying to persuade the colored peo
ple to vote them into ii Convention, or
stay from the polls, which amounts to
the same thing. I j j
ney ten us they don't mean to inter-
' ill. A . .
uru wiiu our ngnts. iq; not sucn as
I Correspondence AshevUle pioneer.
JUDGE MERRIMON AND TH HOMESTEAD.
Marshall, July 8fli, 1&T1.
Mb. 'Editor: I understand that A. S.
Merrimon, the revolutionary candidate for
the Convention, In the county of Wake,
made a speech in Ashcvillo one day during
the last week of ypur court, in favor of Con
vention, in which he took grounds in fjivor
of tlio Homestead. We peopip down uero
in this county would like to kilow if thin is
so, and how long ho has hoeii iiifavbrof
the Homestojid. It has; been the under
standing generally in this county, that he
was opposel to the homestead, j We hoar if
stated here, and never hear it contradicted,
thatrwhen Judge Brooks gavojhia opinion
in the Federal Court that thd Homesteail
was unconstitutional, Mr. Mrrimon;was
loud in his applauso of the J udge, and actu
ally applauded him there inr the Court
house, on tho justice and correctness of the
decision. We have- also heard that Mr.
Merrimon said on divers occasions, In the
presence of -reliable gentlemen, that (the
homestead was unconstitutional, and would ;
not apply to old debts, and that tho decision
of our Supreme Court in tho case tried be
fore them, in which our i homsteads aro so
cured to us, was unconstitutional and yas
made for partisan motives. I do know tli
much to be true just after the decisions re
ferred to, Mr. Merrimon wrote a letter to a
merchant residing in Marshall, who had a
great many old debts duo hint, stating that
he had no doubt tlio decision sustaining the
homestead as applying to old debts was un
constitutional, and would lo so decided if.
tuov rriiil irt thfi matter Ixifore tho Su
preme Court of the United States, and so
licited a contribution from tho merchant to
enable him to carrv the quewtiou up to the
Supremo Court of the United States. I do
not know whether the merchant assisted
him in tho matterbut understand that tho
question has gone up. So, if we poor people
are turned out of house and home, on ac- j
count of this decision of the Supremo Cdurt j
of the United States, I supp6i4e wo may
thank Mr. Merrimon for it. This is very
unkind in Mr. Merrimon, for ho ought to
know, if ho succeeds in getting the home- ;
stead set svside, that ruin and snfl'eringmust I
fall upon thousands of poor helpless women
and children, 'whoso only hope ii in sustain
ing the homestead. Mr. Merrimon used to
have many friends among the Jxjor peoplo
of the mountains, but - if theyj are to j be '
turned out of house and homo by his efforts,
and reduced to ruin and suffering, through
his agency, then it is time they should Ijo
careful nliout their confidence.' I I
It is hinted, and pretty generally 1 elieK.d
thatMr. Merrimon is fishing for a iwsition .
on the Supreme Court bench, irt the event a
Convention is'callod. This being true, asall
believe it to be, it is safo to say that in all
probability, the Legislature will reward him
lor his gailant services in the campaign in
favor of Convention with that important po
sition. Should this come to pass, ami I,
have no doubt that it will, if this Conven
tion move is a success, can any one doubt
for a moment what will ! bemino of tho
homestead, when tho question is brought be
fore' him for decision. Kntortaining the.
sentiment in relation to; the homestead,,
heretofore expressed on the subject, he can
not do otherwise than reverse the present
decision of the Supreme Court sustaining,
the homestead, and with bno stroke of his.
Willing pen sweep away tho last vestigoi of
a homestead in North Carolina, j
The people care nothing about the hew
debts, they expect to payj them; it is tho
old debts that tvill ruin the people, if tlio
homestead is killed, and thai! will most
certainly be done if such men a3 Mr. Mer
rimon get on the Supremo Court IkjucIi of
North Carolina... f '! j -I . . I
Then I want tosay" to the 'people, who
aro j interested in the homestead, . that tho
best: way to keep such men, hostile to tlio
homestead, off of the Supremo Court bench,
and thereby retain your homesteads, iXto
vote down this Convention. There is dan
ger in this, Convention, and I might be safo
in sayingwith the call of a Cpnveritionis
(hp certain overthrow of tho homestead. I
I'eel ,atlecp interest in this matter, and I
rail upon every man in the county, every
poof man in the State, every man -who is
not worth his thousands, irresncctive of
party, for the ?akO of their wives and chil
dren, if nothing else, to defeat this attempt--ed
i n vasion of ou r homes and 11 resides ny
a set of lawyers and wealthy ollice-seekers,
who: liave largo accounts of old debts on
haiul. Tho call of a Convention and set
ting asido the homestead I will make them
thousands of dollars, but it will reduce
us to poverty and want. Self protection Is
tlio first. law of nature, and party friends
cannot complain of us if wd join together
ami. vote this Convention down,' when Wo
toll them wo are voting for our, wives and
children-,voting for homes ant firesides."
It is dangerous to risk a homo in the hands
of men who have declared time and again
that our title was not good, and havo gono
so far its to call a Convention' to - enable
them to commence suit against us. in order
that no may havo tho pleasure of seeing
us turned out of house and homei To vote
for thi Convention is voting for-men that
have declare! their hostilitv
steads. Vote for a Convention aitd prepare
w-mwv vuur JiuillUlO jioincs. vote.
vumiauuii, aim Keep ii j nouse lor
wives and children. 1
j Yours Truly, MADISON.
DIALOGUE-CONFEDERATE SOLDIER AND
.! ! : ' CITIZEN. - . j
j Citizen." How aro you to-day ?.
; OOlUier. " JNOt Well. snfTorln.f. frrn,
... i tt r
rw Ua you get wouhdetl ?'
H.p " In tho war."
GV Do you suffer from it yet?"
S J Vno . T K X A A m
ii . A. 1UIYU LWfl HTIHflfa fil'nytr
year artel lose some bones." . j
C' 44 How are the TMVmln orIn ti.l -m.Ar.
-- - -r j pv.uVUm UU
rn-rvn4. aT
No
your
nn flin I
vu v wuvvitiiMii quissiion J"
V m, against it oy a large majc
i i it . m ill iii f-tj
Shu fordsvi lie, July 10, 1871.
r
they concede. Theriahlto' be their slaves.
In this they would protect its, no doubt,
and be our best friends, too'. Let them
call a Convention, and control it after
the Sentinel's idea, and therel will be no
more Public Schools for feolored chil
dren in this State. I knoW bf but few
i-onservTative counties m Which the
colored children have had anything
like a fair proportion of the school
i j i For the Carolina Era.
Mn. Editoii Sir: By appointment
the citizens of Cumberland county op-
osuu io convemion met in tne town
Call at Fayetteville to-day. Captain
O. II. Blocker was called to the chair,
M. X. Taylor was appointed Secretary,
yhe following nominations were unari
lmously endorsed as candidates againsit
Convention in this countv. viz : V. (L
Guthrie and Thos. S. Lutherloh; Both
gentlemen came forward and accepfi
ed their nominations in appropriate
speeches.
Several other gentlemen addressed
the large meeting, after which it adf
journed, fully confident of putting
down this proposed political scheme
and crusade against the Constitution o;
North Carolina.
Fayetteviixe, N. C, July 5, 18711
rity.'f
bullion i, i i ii -
t I II -m " - .J 1 . 1 '
O. ICS. SIT. I RtWmf fmiMtrnnMvf
the bloom of my manhood fighting for
rich: men and their negroes. I am
tired of strife, contention and war " I
ou believe that the object of ,
the Conservative party is war, strifi
and contention ?" i ' "f
JiT" Yc We 1oor men dW a thi -
fighting in the, war; came home with
nothing but a poor piece of land, and
the Conservative lawyers want to kill 4
the Iloniesteiid and turn us all out of
doors. The true soldiers of the Stak5
are satisfied with the present Constitu4
tion.: It gives them a homestead of
one thousand dollars and live hundred
dollars' worth of personal property ex
. jiiujiuiiivii kji ijiu BciiiNji i ,,1,-1 , , . . iiiiuiiuy
money. I know a Townshin in which "". "versanu Doinbproofs aro do
the two classes are about equal in num- tliey an to get a Convention td
oers. or the school yeari epding with
October,' 1871, the Township in ques
tion received from the School Fund
about $700. Only $120 of-tliis sum has
been expended for colored schools.
Last year the Township had the same
amount of .which $100 only was expen
ded for colored schools making in all
but two hundred and eighty of the
seven hundred dollars the; colored chil-
drnn n-orr sirtf-i lfisl 4-n 17.. 4V. t .. I i t -a a i .
rru, T K . ' ."""'i'wpieHiow, says the Tele
xxic xiiiuiet, i -"SSXT. ilOOU IS a
are not afraid of the discussion
overthrow the Homestead anrl r
property exemption, for the purpose of
paying old judgments that are worth
less as long as the Komestead decision
of Hill vs. Kessler is the inw i cVi-
State. The mechanics and laboring
men control this country, and the?
will vote down this new Conservati vS -Itevolution
in August next? ?f,
aram. : flint, t Un nrvnnnin - 1
respectable free negrq from the North ; ' rVolnrcnUonr
he has no special claim upon our people ;. ";v ussioi
white or black." He ndmita nil fhia Convention question, either
but he recognizes the fact that the UP or through their papers
Of
On
thOh
thet
colored people, at least his loner suffer
ing and oppressed brethreri, have claims
on him. And until he forgets God and
himself, he will not cease to render
them any service that, his better oppor-
But let it be known thnf ru. '
both on the stumn nn.l thiiTi1
oiuu uaiine eimer,