North Carolina standard. [volume] (Raleigh, N.C.) 1850-1852, 1850-12-21
MINORITY REPoRr


OF the Select Committee on Constitutional ANA.
ments, submitted TO the House of Commons ~
North Carolina, on The 10Th December, 1850 VI
The undersigned, member of the Select Comm,
tee on Amendments Of the Constitution canno, INT
cur entirely in the report of The majority of said
miiee. The several distinct propositions referred ~
the consideration ofIhe committee, may be stated a.
follows:
First The abolition of the freehold quali6ca,io.
required by the Constitution for electors ofhe men,
beers Of the Senate.
Secondly. The election of Justices Ofthe Peacebv
the people.
Thirdly. The election ofJudges by the people and
limiting their term of Office.
Fourfhly. Restricting the Legislature within H..
limit Of one hundred thousand dollars, in any enact,
ment appropriating money, or pledging the faith Of
the State for the payment of money.
1t became necessary for the committee to consid
rst is it expedient to amend the Constitution in ali
or any the respects above proposed and in The
second place, if amendments to be made shonlS
they be effected by Legislative enactment. or bv =
limited convention. or should we call an unlimited
convention?
Ii will be at once perceived, that these severa, d,
tInct changes of organic law, proposed TO ha of
fected in several distinct NODES necessarily uave re-
variety of opinions in the committee and the mn
designed proposes, in order that misapprehensior
may not arise, and that it may be understood wherein
he differs from the majority, concsey to submit, hi.
views upon this subject.
He concurs with the majority report in so far as !,
proposes to abolish the freehold qualification for electors
members of the Senate, and in recommen ling tba,
at the present time, no sePts be taken to change the
mode OF electng Justices of the Peace. He also
concurs (and on this subject the committee were
unanimous in asking to be discharged from the further
consideration of that resolution which seeks to fee
the State in her financial operations.
The undersigned does not concur with majority
of the committee, in recommending the rejection Of
the bill referred to them. which proposes to amend
the Constitution, by submitting the election of the
Judges to the people, and limiting their official ten
ure to a term of years. He most respectfully sub
msts that this is reform loudly called for 6y the
progress of democratic principles. 1t is true that in
the infancy of our institutions when our Fundamental
laws were established, many of wisest statesmen
distrusted the political sagacity of the people, This
distrust, wherever il has existed in the republic has
gradually diminished and g ven place to firm conf.
dence In an educated and enlightened public opinion
The ballo-box, that compact depository of the pub.
lie will, has gained upon the estimation Of the world
and In this country is paramount to all other modes
of selecting those who exercise authority over u.s.
The undersigned is aware that this reform has been
considered by many patriotic citizens to be danger.
Gus experiment, tending tedestroy that proudest
ument OF Anglo-Saxon wisdom-the independence of
the Judiciary. If such a result is to be feared the
reform should not be attempted But the change pro.
posed IS no longer experiment. 1t has been adop-
ted in several of our sister States, and of the
evils proPhesed have come TO pass but, the other
hand, the reform has equaled, if exceeded the ex
pectation of its friends.
! The question which gave the committee the least
difficulty, concerned the mode in which constitutional
reforms should al the present time, be effected. The
undersigned believes that those who favor the call Of
a convention. are influenced by motives which lay
outside the questions referred the consideration Of
the committee. AS upon this part of the subject the
undersigned concurs in opinion with the majority it
is unnecessary he should his views large. He
would only remark, that the call of an unlimited Con-
vention, (and the power of the Legislature impose
limit is doubted,) during the present of
tional controversy and excitement would impair, if not
wholly destroy the compromises of the Constitution,
divide still more widely apart the different sections of
the State. open the discussion of subjects dangerous
TO the peace ofthe repnbIc and destroy that harmo-
ny without which no State progress can be made.
Furthermore, it is evident, that if constitutional
majority desire to reform organic law, in any
particular, this object can be attained almost speed
lily. and certainly more economically, under the pro-
visions of the amended Constitution, article w.
ton ii, which provides for amendments by egisla-
tive enactment.
Therefore, to carry out the views herein set forth,
the Undersigned in addition the suffrage reform
proposed by the majority of the committee,
mends the passage of the bill upon your table,
which provides for the election of the Judges by the
people, and limits their Office to a term of years.
Respectfully submitted,
GEORGE s. STEVENSON.