North Carolina standard. [volume] (Raleigh, N.C.) 1850-1852, 1850-11-23


question which, in my judgment, ought to be settled
and ascertaned antecedent to any Legislative enact
naer,ts for altering the organic law of the State
certain mode Of determining the point would be.to
pass law at once to take the of the voters up.
on the question Of Change or no change. You will
then know what public opinion is but until some
thing of that kind shall have been done any action
that is intended to be based upon the popular will
must rest upon conjecture. This act may be passed
by majority Of the Assembly IF the result of the
popular vote should show either Indifference hos
uity TO the change, none ought to be attempted oy
the General Assembly. If, on the other hand, 1t
should exhibit very decided popular feeling IN favor
of the alterations, any of them. the moral effect OF
this popular vote might suffice to procure from our
Legislature the requisite constitutional sancuon 10
any desirable reform. You are better able than am
to foresee whether the large majoes OF three-n1ns
of this Assembly, and two thirds OF another are ike
ly to concur in propositions OF the kind Wlnout
previous vote of The people. No one, presume is
anxious force upon the people an alteration OF tner
Constitution, without convincing proof OF their
desire for it. Every intelligent mind must perceive
that it is the interest of the State and aduty OF Pat
otism have the question settled and put to rest one
way or the other. Until it shall be done, there VIII
be political agitation and sectional dlscord These
will bring forth multiplication of new propositions
for altering the Constitution, and the people of North
Carolina may be thrown into that perllous situation
wherein the desire of change pretendeth the reior
nation, instead of that safe condition, wherein ref
ormation only daweth on change.
1t may be, however, that constitutional majority
of hree6fths of the Assembly, coming as you do d.
rcctly from among your constituents, know already
the will of majority of the people upon this subject.
If public opinion be decidedly favorable to Immediate
action. and you feel convinced, without any previous
of the people, that this demand tor altering the
Constitution is the demand of majority OF the peo-
pe then, of COURSE the necessity for an act to take
the sense of the people will be superseded; and it is
believed you ought 10 act directly and at once upon
the question. but according to the Constitution
The Constitution has clothed you with power to
respond to known demand of the people for const-
tutional REFORM either by calling Convention OF the
people at once, by enacting SPECIFIC amendments,
and submitting them, first, to the review and decls
ion of your immediate successors IN 1852, and after
thai: to the of the State at the polls IN 1883
There are several interesting questions which will
present themselves to your consideration, upon THIS
view of the subject. l shall refer TO them orieny'
not with any design to forestall the Judgment OF 9TH
ers, for the mere purpose OF putting forward IN
advance of your aclion my Interpretation OF the Con-
stution but because your action Will probably form
precedent in the future course OF the State and the
consequences of mistake night be very injurious to
the Republic. Therefore, would desire to have
nothing done without careful investigation, and calm
elaboration. This is all aim at.
The Constitution 1885, We know, was framed and
adopted upon principles of compromise. 1t was in
tended to adjust 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 to Its true
meaning until it shall have been repealed or altered
by the sovereign authority of the State, according to
The compromise in amended Constitution.
Now if it should be the pleasure of this Assembly,
three-ffths of all the members concurrng, to call
convention of the people, slight examination of the
LIST section of the 4th Article of the Amendments will
be sufficient 10 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 Convention by the General AS
sembIy confined the single Office of calling it, or,
can the same Legislature limit and con6ne the pow
els of the Convention in the Act for calling it! AS
there are conflicting opinions upon this question out
of the Assembly, il is probable they will exist In IT,
do not think that this article necessarily excludes
the right of calling limited Convention by the con-
currence of twothirds of the General Assembly, pro-
vided the act for calling the Convention contains
Limitation upon its powers it'll proper sanctions and
the same shall be "a flied 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 me, that the limit prescribed
by the act would be imposed, not by the General
Assembly, but by the constitutional sovereign
thority of the State. Otherwise cannotbe doubted
that a Convention called by the General Assembly
{two-ihirds concurring) would be clothed with Un-
limited discretion the Constitution. The Cen
eral Assembly has power to call Convention into
being but no po,uer of Themselves TO prescribe limit
to its authority. hazard little IN saying that the
people of North Carolina have not hitherto exhibited
strong desire for such an experiment as this upon
their Government and, therefore, it behooves their
to look we'll the mode they adopt
for introducing reforms into the Constitution.
If il should be the pleasure OF tnls Assembly 10
avoid the ins,rumentaity of aConventon altogether,
Won cam of yourselves, initiate alteration of the
in virtue of the second section Of 4th
article of amendments to the Constitution OF 1885.
To effect reform by this mode of proceeding, it
will be requ isite that the alteration proposed, shall
be sanctioned by majority of three hths of all the
members of your body that the same shall be sane
toned by two thirds of the members of the Assem-
bly of 1852 : and afterwards confirmed BY MAORI
ty of the people voting at the polls. Confessedly
our Constitution has thus been hedged in against
harty or frequent changes, and there will be no lit
tie difficulty in procuring an alteration OF It, Ought
not this consideration to operate powerfully upon the
minds of those who sincerely desire free Suffrage"
to prevent they lis association with other pro-
positions for amendments Would It be either wise
or proper to unite into bill several and distinct
If more than one, how many separate
questions of the kind will you combine The pre-
cedent to be set now, will probably determine the
future practice and may it not be asked, whether it
will be fair dealing combine two more PROPOSE
tions into one act and compel the people to vote
against what they desire, or else to vote for what
they do not approve? 1t is, therefore, commended
to your serious consideration whether each alteration
presented by itsef-uncoupled with an associate
TO do it harm, or an ally to help it through. 1t
has been intimated by enlightened men of our State,
that according to the spirit and meaning of the
Constitution the power of the General Assembly to
ABORT specific amendment, is confined to the case
of single amendment, and that it would be viola
of the 2nd section of the 4th article for the As
alteration of the Constitution. If this be so, the
duty Of acting upon each proposed alteration separ
atey. and of enabling your successors, and, after
wards, the people, to do the same, is imperative.
The opinions which have thus limited at, upon
this important subject, might be enforced and illus