The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1850-11-27

cd by nsjority Of the Assembly. If
The rrsuls q The popular role should
show either Indifference or hostility 10
the change, none ought 10 be attempted
BY the General Assembly. II. On the
olhrr hand. Il should exhibit very de-
cidrd popular feeling in favnr Of the al
lerations. or any az them. the moral ei-
fect ofihis popular vDse might suffice 70
procure from our Legislature the requi-
site constitutional sanction 10 ans desi.
rable rriorm. You are better able than
! am TO forsee Whether the large majori-
lies of three-hfihs Of this Assembly, and
two-ihirds Of another are likely TO CONCUR
in propositions Of The kind without q
previous vote Of the people. No one.
| presume, is anxious 10 force upon the
people an alteration Of their Constitution
without some convincing proof Of their
desire for il. Every intelligent mind
must perceive that il is the interest Of the
State and duty of patriotism 10 have
The question settled and put 10 rest one
way or the other. Until il shall be done.
there will be political agitation and sec.
tional discord. These will bring forth a
multiplication Of new propositions for MI.
tering the Constitution. and the people
OF North Carolina may be thrown into
that perilous situation wherein the .dc-
sire OF change pretrndeih the refonna.
tion." instead Of that safe condition,
wherein reformation only dnwelh on a
change"
II may be. however. that q conslitu.
tional majority Of three-ihhs Of the As.
sembly, coming as you do directly frnm
among your constituents, know already
the will ofa majority of the people upon
this subject. Ifpublic opinion be drcid.
edly favorable TO immediate action. and
you feel convinced, without any previous
vote Of the people, that this demand for
altering the Constitution is the demand
ola majority oflhe people. then, Of course
the necessity for an act 10 take the sense
Of the people will be superseded; and i
is believed you ought to act directly ant
at once upon the question, bat aceordins
10 the Consfifufion
The Constitution has clothed you with
power to respond 20 known demand o
The people for constitutional reform, eli.
iher BY calling Convention oflhe peo.
pie at once, or BY enacting specific a
mendnenls. and submitting them, FIRST, I,
the review and decision Of your immedl
ATE successor IN 1852, and after that. Il
the voters of the State, at the polls ia
1883.
There are several interesting questions
which will present themselves TO your
consideration, upon this view OF the sub.
ject. shall refer to them briefly, nol
with any design 10 foresial the judg,
mcnt Of others, nor for the mere purpose
of fputting forward in advance Of your ac-
tion my Interpretation ofihe Constitutions;
but because your action will probably
form precedent in the future course Of
the State; and the consequences Of mis-
take might be very injurious TO the Re.
public. Therefore, | would desire to
have nothing done without careful inves-
tigation, and calm deliberation. This is
all aim at.
The Constitution Of 1895, We know,
was framed and adopted upon principles
Of compromise. Il was intended TO ad.
just, upon equitable grounds, sectional
dispute and conflicting political opinions,
which had distracted our State Councils
for many years; and good faith requires
an honest adherence 10 its true meaning,
until it shall have been repealed or alter
ed by the sovereign authority Of the
State, according TO the compromise in
our amended Constitution.
Now, If il should be the pleasure Of
this Assembly, three 6fihs of all the
members concurring, to call a convention
of the people, a slight examination Of the
Isl section Of the 4th Article Of the A.
mendmenls will be sufficient to raise this
question: Can the General Assembly
impose any limits or restrictions upon
Convention called by them, under this
Article ! Is the power TO call Con-
vention by the General Assembly, con-
fined to the single Office Of calling il, or,
can the same Legislature limt and con-
fine the powers Of the Convention in the
Act for calling il! As there are con-
flicting opinions upon this question out Of
the Assembly, il is probable they will
exist in it. | do not think that this arti.
Gle necessarily excludes the right Of call
ing a limited Convention BY the concur
renee Of two thirds Of the General AS
se'nbly, provided the act for calling the
Convention contains limitation on upon
its powers with proper sanctions and the
same shaIbe ratyfed by the People, BY
vote to be taken before their delegates
shall be chosen, under the sanctions Of
law enacted for the purpose. In such
case, It seems to me, that the limit pre-
scrbed BY the act would be imposed, not
by the General Assembly, but BY the
constitutional sovereign authority Of the
State. Otherwise it cannot be doubted
that Convention called by the General
Assembly two thirds concurring) would
be clothed with unlimited discretion over