Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1852-07-09


The Right of a Majority to Call Conventions and
Amead or Change the Consultation OF the stase,
contcmded for by MR.. Kerr, the FayettevIIlc OBJ
server.etc. IS
The Fayetteville Observer and other Convention
papers of the State, as well as Mr.. Kerr contend
that although the Legislature is prohibited from
calling Convention, unless by a two-thirds vote
the right to call Conventions and to change the Con-
stitution, has never been surrendered by majority
of the people Of the State
Will the Fayetteville Observer be so good as to
inform US hoac the people of the State could legally
call Convention unless through their authorized
agents-the Senate and House of Commons :? Where
else is the power vested By whom shall it be ex-
ercised We know that the right of revolution a
gainst nolerabe oppression is vested in all commu-
ties but does 1t recommend rerofution
Would the Observer have US to repeat The scenes
which it once denounced so much in Rhode Island !?
Wohd it have assemblage to meet in Raleigh
calling itself Convention of the people, and yet
acting in accordance with direct provision of the
constituencies in pursuance of no act of the
Legislature? Until some rational, definite form can
be given to this fright of majority" TO change u
constitution which expressly provides that it shall
not be so changed we must confess that the talk of
the Observer and kindred prints upon this subject
seems to US very much like sound and fury signify
ing nothing.
How, without revolution, could the people of this
State act unless through the medium OF their con-
stituted authorities How. without revolution OF
perjury could those constituted authorities act 9TH
erwise than in accordance with the provisions of the
constitution they have sworn to support The ma
jority of the people cannot, as mere tumultuary
assemblagc, call Convention Their agents, the
Senate and House Of Commons, prohibited from
so doing unless by concurrent vote of all the mem
bers of both Houses. =
and it is foolish to say as Mr. Kerr does, TINT the
Legislature ought to call Convention in obedience
to the will of numerical majority of the people of
the State, no matter how that will might be ascer-
tanned A two-thirds vote is required, and each
Senator OR Representative is responsible to his
conscience and to his constituents-not to the
popular BREATH for if that breath could so influence
on such matters in fact to accomplish them, the
twothirds provision would cease to have any effect
safe guard preventive; and more than this
a two-thrds vote of the Legislature does not neces-
sariy imply or follow two-thirds preponderance in
the popular vote. 1t Isl in effect, two-,hirds of the
political power of the State, in which there are other
elements than mere numbers ) .--.
The Democrats advocate definite amendment to
the constitution, by which they seek to do away
with odious distinction between those who are the
possessors of land and those who are not by which
the former enjoy the privilege of voting for Senators
while the latter do not, which contend is not in
accordance with the basis of Senatorial representa-
ton, which is taxation and not land-and which
hnS refer TO to ipdi
And this we seek to do in manner directly and
specifically laid down in the constitution in many
words. We seek for constitutional progress in
constitutional manner: We do not seek to disturb
the basis of representation.
On the other hand, what is the course advocated
by Mr.. Kerr and the portion of the Wing party who
act with him!-some few in this section cannot and
will not act with him. Mr.. Kerr says that of his
accord, and in his own opinion, he is opposed
to Free Suffrage, butif the people will have il, why
let them-a privilege for which they are not indebt-
ed to Mr. Kerr. But he further contends that if the
people are to obtain this amendment, they should
obtain it by means of an open Convention-this
Convention to be obtained follows First bill
should be passed by the Legislature, submitting tire
question of Convention no Convention to the pop
ular vote-that popular vote, and not the
constitutional vote of two-thirds of the Legs-
lature to be in fact decisive upon the subject,
for MIR. Kerr contends that the will of the ma
jority of the people should be obeyed by the
Legislature, in regard to amendments of the
Constitution. No definite measure is advocated by
Mr. Kerr,-no object is stated for the call of Con-
vention-the whole matter is left at sea, and yet
Mr.. Kerr and his friends urge their plan for the
purpose of putting end to agitation and the Fay
etteville Observer and other Wing papers talk flip
PANTY about the right of majority of the peo-
pie to act in matter with regard to which the peo
pie have evidently by virtue of the Constitution
rendered the right to act, and this Constitution
ratified almost wholly by the votes of the West.
1t remains for the Observer and the other conser-
vative advocates of Dorrism to show how under the
Constitution Convention is to be held without the
sanction FLAW. We. of course, do not speak now
of the ultimate right of revolution inherent in all
people, a0ho able.
DOC DAYs-The ''dog days" commenced on Sat
urday, the Sd instant, and will end on the 11th of
next month.
MUs1c-Wc find on our table The Arrows of
Cupid, Waltz composed and arranged for the Piano.
by Herman L. Schreiner,' dedicated to two young
ladies of this place Having no knowledge of music
we are unable to give any opinion in regard to the
character. of the piece, We presume it is pleasing
op-The American Wing Review for July, is on
our table. Apart from IFS politics we like the Review
1t has very amusing article in The present number