Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1852-07-02
The con.aI1a1Io.. Of the STATE.

THE Consultation the State.
The rule Of the majority is the foundation Of all
republican governments But this rule must be ac-
companied By condition. without which it degen-
crates into the worst species Of tyranny-that con-
diiiOn is the proteoon Of the minority II is this
very purpose thai Constitutions hare been provided
amongst men. and that these Constitutions hare
ally been invested With sanction far beyond that
Of = mere majority and placed above the reach Of
every temporary change Of opinion. Indeed, if the
Constitution were subject to be changed at will by
mere majority, It would be difficult TO discriminate
between it ard any other law or the statute BOOK
We are clearly Of opinion that the Constitution Of
North Carolina was intended place certain inped
imens in the way any hasy action towards change
that il was intended 70 be bargain between the
different sections and interests Of the State-the
ditOns Of which we're not he disturbed unless By
Convention called by twothirds Of both branches
Of the Legislature. iy ill proposing any altera
ii On. being passed by three hhs Of one Legislature
-two-thirdI Of the next and then ratified By q ma
jority of the people Indeed the Constitution says
that No part of the Constitution Of this State shall
be altered. ulless' By bill which shall have passed
through the process We have mentioned, when, and
not otherwise the same shall become part Of the
Constitution, which would even seem to preclude
the mode Of amendment by Convention, however
called. We think that this Constitution so agreed
upon, and SO understood, and 50 ratified is binding
according to all the principles of equity and good
faith; and that the attempt to subject it to the
control of mere ma jorty Is violation Of both as
well as Of the true intent and meaning Of the Con-
stitution and farther, that the doctrine now
promulgated by MIR. Kerr,-frst in favor Of
calling an unlimited Convention, but more
especially in favor of calling that Convention
by the Legislature in obedience to the dictates of
popular majority, is destructive in its tendency
and unworthy of the faith abiding people Of North
Carolina 1t is simply species Of higher law"
and as such will do well enough to go along with
the support Of the higher law" candidate for the
Presidency Ia the Fayetteville Observer answered
1t may not like notions but they are explicitly
enough midtown We must confess to our surprise
at finding, an article like that headed 1.-THE Will
mington Journal which appears in the second edi
torial column Of the Observer of the 24th inst We
repeat that we haze been surprised to find such
article in paper which, like the Observer claims to
be conservative and law-abiding.
A correspondent in the Observer of the 23d goes
far as to agow the opinion that majority of the
people might get together, without the sanction of
the constituted authorities, and in pursuance Of
provision of the constitutions call conven-
ton and change the whole fabric of our laws and
form of government and that this would not he
olution. Such is the plain meaning of the commu-
nication signed Brutus'' We will not combat this
let it 90 forth in all its beauty--we only want
to call the attention of the people of the east aye
and Of the whole State to the estimate which MIR
Kerr and some of his " conservative" organs place
upon the sanctions and safe guards of the constitu
ton We simply ask our Wing friends who may
read this to look cody the Observer or any 9th
err Of the Central and Western Kerr papers They
will see that we have not mstated the affair and
they will see also the length which MIR Kerrs party
Is carrying this game.
The plan which MIR. Kerr advocates is simply this
That the Legislature should pass a law submitting
the question of Convention Convention to the
popular vote-that if minority Of that vote should
appear to be in favor Of Convention, the Legisla
ture, by ttro-thirds uoe, should call Convention
in obedience to the rcW of the majority. The prac
teal result of this doctrine is plan-it would in eff
feet, change the mode Of calling Conventions from
that by concurrent vote of two-thirds of boil
branches of the Legislature 10 vote Of majority
the polls. In this way the West could act withou
any regard to the East, since she could always com
mand a numerical majority ofwhich the Legislator
would be only the mouth picce,-even in a matte
wherein the Constitution expressly calls for two
thirds vote. 1t will require more than the dema
gogueical appeals of the Observer the high-pres
sure system of putting Mr.. Kerr by correspondents
to make this sweeping radicalism 90 down with tn
rejecting portion of the community in any section
but especially in this whose peculiar interest
1t would place in such imminent jeopardy.
ba~We would respectfully ask our Wing friend
who go for Scott, how in the world they can expec
the Democrats or the public in general to swallow
him, when it took the Convention, with his nam
before it from the jump 6fty-three ballots to Civ
him bare majority with oil the help of t,ro plat
forms, and three days hard work and no two-third
rule. If they could hardly swallow him, how cal
they expect anybody else to do SO without some VIZ,
faces, even with the assistance of the Graham it
practice.
From Europe.
The Steamship Niagara, arrived at Halifax on tn
3d. with two days later dates from Europe but lit
tie or nothing Of Importance in the way of news