North Carolina standard. [volume] (Raleigh, N.C.) 1850-1852, 1851-01-04

tendant upon limited Convention. Under thes
circumstances natural that the delegates shout
endeavor TO devise some more simple mode OF maxim
specific amendments at future period, than the pla
under which they had vened and that these mod
ifcatons should be effected without involving re
vision of the whole Constitution. The first provision
therefore, which We find in the instrument IN relation
to the mode of amending il, is that IS no Convention
ofzthe people shall be called by the General Assem-
bly, unless by the concurrenceo of tworhirds of all th
members of each House of the General Assembly
Now, if it had been the intention of the trainers o
the amended Constitution that alterations of the in
srument whether important or immaterial, should b.
made by Convention, other provision would have
been incorporated Than the section referred to 4 blu
we find Immediately succeeding, an additional clause
to this efect-that no part of she Constitution o.
the State shall be altered, unless bill to alter the
same shall have been read three times in each House
of the General Assembly, and agreed to by hreeffhs
of the whole number of members of each House re-
spectively.' Provision is then made for submitting
the alteration the succeeding Legislature and upon
receiving two-thirds of the representation of each
House that session. it shall be submitted to the
people for their ratification Taking this section al
together, it will admit of other construction than
the one which have given it and l wish to direct
the attention of the House, particularly, to the ex-
preston in the second clause just quoted" part
of the Constitution of the State shall be altered as
indicating clear intention that when only part of
the instrument to be changed modified, or
when the alterations proposed, in their number and
effect, did not render entire reorganization of our
whole system necessary, that such alterations or
notifications should be made by legislative enact
ment therein prescribed. ... b..
do not propose to discuss the proprety or wisdom
of this feature, which renders so large vote
sary, before Convention be called, of the de-
lay and difficulties attendant upon the plan of amend
ing by legislative enactment must govern our
action here by the plain letter and spirit OF the nstru
mnnt, and follow its requirements. This article was
ratified by the people, and they, doubt wisely, i'm
posed these restrictions upon themselves for the pur-
of md oh
of the fundamental law OF the State, and allowed
only such new provisions to be incorporated as had
been well matured and considered. All the Southern
States, without an exception. believe have thrown
like impedIments in the way of amending their res
pecve Constitutions, with view to check hasty ac-
ton by the people in times of high popular ex-
element; and majority of them have likewise
provided for amending their Constitutions by leg
isative enactment, upon the same simple plan
proposed by the original bill before US, SO as to
modify part, without seriously endangering oil de-
stroying the harmony of the whole system. The
State of Georgia amended her Constitution by legis
lave enactment so as to provide for the election of
Justices of the Peace by the peope and this altera-
ton was made IN the precise manner contemplated
by the bill, introduced by myself few days ago. for
ettecting the same object.
The proposition of the gentleman from Hartford
(Mr. Rayner) IS founded upon authority derived
tIom the Constitution. AS have before stated we
have no right to limit by enactment the action of
the people in Convention assembled, for, under the
Constitution, the Legislature only call an open
or unlimited Convention, and this NAV be done with
out consulting the people. Any act restricting their
powers would be mere ''6rutum fyimen'; and many
persons have expressed doubts as to how far the del
egates would be bound to observe and confne them
selves within the restrictions imposed bv an act Of
The Legislature calling limited Convention Mr.. i
Rayner requested Mr. Avery TO state whether he en-
ertaIned tie opinion that the delegates would not
De bound by the limitations imposed In. reply
o the enquiry OF the gentleman from HEREFORD |
llynn M hncI \. A..
Legislature calling limited Convention has no au-
horItave and binding force, and is obligatory upon
10 one as mere enactment; but If the people rafy
he act by voting for Convention thus restricted and
ect delegates by virtue of that act the deeqales
would be Instructed to observe the restrictions and
would be bound IN morals and good faith not to trans
END the Limitations enoined. This is nv individual
opinion, but have light to that the opinion
illnaied ny me is entertained by persons in the
state, because such sentiments have been openly S
vowed and his Excelency Gov. Manly had aIIud 7
In his message 10 the fact that doubts on this sub
c were pre- Vaient, another grave question might p
rise In connection with this matter. Suppose the 3
eegates under instructions from their onstiiuents
OF their own voluntary accord, were to DISREGARD
ne restrictions, and proceed revise the whole Con-
Htu'ion' ana make a new one, and BY ordinance S
lom!e II 10 the people, IT majority of them were
ratfy this instrument, would such Constitution la
, ratified, be the fundamental law of the State n
ouid not the ratification by the people of an unau "
lofzed act OF Their delegates, be binding and OBJ
as tneil nrst rathcaon OF unauthorized Il
u OF thelr Legislature? | have referred to these b
ELECTIONS simply for the purpose of showing tia,
e encounter shoals and quicksands whenever We de-
art from the strict letter of the Constitution Rut e.
oppose all these difficulties removed, the question Of
curs' Is this expensive mode of calling Conven. fl
on necessary to effect the object CONTEMPLATED ba
IL OF the gentleman from Hartford has reference to
otner amendment but that of Euua SufraUe. and r,
insist That the people would not approve or Sane II
IN me solemn farce, OF having grave convocatou q,
uega'es IN Convention for the sole purpose of Ii
FIking out three lines from the Consti,nIian nd .,
sertlng five lines in lieu, when the same ,hinn 90 H.
zone by the simple and economical process of i,
9slatVe enactment. 1t is said, the peopIe shonId !,
consulted. think have demonstrated that the fa
Ice Of the people has been fully assertaned but tn
~, - "eie olner"Ise' the mode of amendment an
I'LL no" advocating would ultimately submit the IN
eston to the people, and would not only reoure ta
Ell oIect sanction, but popular sentiment wouId he
JIG Iuy natured and fixed in relation to it, by The all
cussion and examination incident to the IonG nro fb
% VI oelg submitted to two consecutive Legisa- ha
es and the matter in issue would be more readily TO-
perfectly apPrehended, by directing the nnbIic mr.
ions. P"' P'opo- I'M
man from U,cJ 2 JS W the plan OF the gen. all
nn,I, ' H., ntfuo[a Mr.. Rayner desire to state in
cannot be amended, in the particulars de- st
GU oy me people, except by Convention of some ti6
lo' men am Tor an open and unrestricted Con- or,
iGcn whenever majority of the people shall nm
niIest desire to have it. :" ~
l his brings me to the amendment of ,ha cell, ia
m DAVIDSON (Mr. Foster) which have bere,ofo-a y,
y diiuoeo 10 In general way. l am well aware an,
the impression which generally prevails. that tbo
INVENTIONS are always popular with the peopie. and NOV
udhger awaits any man who dare oppose them. car
Ter any circumstances. That danger am nrep.r5
neet-hat peril dare encounter personaIIv in IL l r
rye OF my duty as Representative if il exists. -,
.e"tufe the assertion that popular feeling has ed