The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1855-01-24

JeCtlOn, lndl lt is contrary 10 the con-
stitution to provide for taking the sense
Of the people, and to allow the call ol
a convention in the mode propose,
And the bill on this subject had been
scarcely read, until the Senator from
Mirtin rose to protest against it, as
vl0lative Of the constitution.
| Sir, if there be anything which |
have endeav0red to understand, it is
the frame OF Government under which
we live, and if there be any thing
would desire to avoid, it is knowingly
to violate any Of its provisions. This
amendment has not been proposed
without an examination of the consti-
tutional question. The objection |
shall endeayor to meet fairly. It's not
new to me | met it in the Legisla-
ture, in 1884, from the opponents Of the
convention which assembled in 1885.
When that convention met, very loose
ideas prevailed in regard to the autho>
rity which called it--whether it was the
people or the Legislature, and If the
Legislature, whether it could bind the
delegates to take the prescribed oath.
You will remember, that they were re.
quired to swear not to evade or dis
regard the duties enjoined, or limits
fixed to this convention" and as, a.
mong these duties. was requirement to
strip the counties of the political power
which they before had Of electing one
Senator and two members Of the other
House, without regard to population or
taxation, and fix certain number Of
members in each House, and apportion
them on the present basis, there was a
reluctance among some members to take
the oath, and disposition to act as ii
clothed with general powers to consi-
der and propose amendments to the
constitution. When we learn, as we
do from the remarks of the Hon. Jesse
Speight, at page l25, Of the debates Of
the convention, that 50 counties gave
majorities against calling the conven-
tloa, and only 90 counties cast maiori-
ties in favor of it, although it was car
ried BY large majority Of the people
OF the State, we see, as it is expressed
by Mr.. Castor, in the debates, that a
large number of members There being
two members, and only two, for every
county, came to their work "grudging.
ly", and with an inclination, ii not
convinced that such step was wrong.
not to take the oath, but to claim the
powers of general convention. A
distinguish gentleman, (Mr. Wilson,
from the county Of Edgecombe, now
no more, opened the discussion by stat,
ing his doubts in regard to taking the
oath, and the power Of the Legislature
to impose it, that, I'm his opinion,
! il taken, it would bind members tu
make changes in the constitution, d
which they might not be in favor, &c.
This led to debate, in which Mr.,
Castor stated his views of the nature
OF the convention, and Of the power By
which it was called into existence,-a
man, Of whom, permit me to say, nov
that he has gone down below the hOri
zon, that the light OF his luminous mind
and pure and elevated character still
shines back upon US from the tomb
and, in hours Of doubt and difficulty
will long continue to guide us in iii,
paths OF safety and truth. lie as
serted the very theory on which nov
proceed; that is, that the Legislator,
had not called that convention. Ii haS
but proposed il to the people. Tn,
! people had adopted the proposition b.
their votes, and called the convention
themselves, aud had prescribed cei itair
duties and limits, and imposed an oath
for their observance. Hear his owl
clear and forcible language:
"The State Legislature had indeed no au
thoriiy to impose IN oath upon the members o
the convention, but the people had ratified III
act Of the Legislature by choosing delegate
\ under il. According TO the theory OF our Go
seInmeni, all political power was derived from
the people, and when they choose TO make
grant Of power, they might make plenary o
restricted grant, might give IL ai or IN part
The Legislature, BY the act, proposed TO ih,
people convention, with the powers, restric
tions and limitations SCI ioIth In The act.
was, as IL came ffum the Legislature, no NOR
than proposition or recommendation. II mus
originate somewhere, and with no body could
have originated with so much pToprleiy ss ii
that which represented the people, ior Legisla
tive purposes. The proposition having beer
sanctioned, II became the act Of the people, bu
/ il has been sanctioned precisely as II was pro
posed. such convention as Is proposed 10 th
act Of Assembly. and no other, has been called
and therefore, that act, - sanctioned, mus, b
regarded as ouf power Of Attorney. live iian
scend the limits OF refuse obedience 10 the con
diiicns therein provided. we are not the consen
ton called BY The people, but seli.constilulc
body, &c"
4 This statement Of principles, so luci,
and Just, settled The question that tia
convention was called by The people, an
was limited aud restricted BY lleln, am
that The Legislature had only propose
The convention TO The peuple upon Ger
tam basis, and had done nothing more
The convention, with a Few dIssenliit
votes, organized and acted accordingly
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