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

r. which met al Fayetteville. in Novem>
Der. 1850, again 10 consider the Federal
Constitution and the expediency Of allows
ing The town Of Fayetteville member ol
the General Assembly. Il adopted the
OF the United States, and al
lowed member 10 The town Of Fsyet,e-
vile. Bolh OF these conventions we're
called by the General Assembly-boih
made changes in The constitution The
last mos, important change, by adding
North Carolina 10 the Union of States,
and giving a new representative in The
Legislature 10 a borough town, and neilh-
er ever submitted its work 10 the people
for ratification. Now, sir, the conven.
ton of 1895 is moi only presumed TO have
known, but, from the characters Of the
men who composed il, il did know the
palliical history Of The State, and their
language is to be interpreted with refe-
renee 10 il. They knew that two con-
yentions had been called nv The General
Assembly Of 1888 and 1889, and that tina,
in which they were in 1885 was called
by the people. When, therefore. they
laid their inhibition upon the General As
sembly not 10 call any more conventions.
with power TO bind the people, as had
been done in 1852, they are moi TO be
understood as applying this inhibition TO
the right OF The people themselves, or 10
the Legislature against aiding them in its
exercise. The narrow maxims derived
from The common lava system design
ed 10 prescribe rules Of action 10 indivitn-
ais, such as tina. we caEnot aid others TO
do wha, we arc forbidden to do ourselves,
have no application TO the grea. departs
men,s Of Government. The Legislature,
the mos, imporlan. Of these departments.
is forbidden 10 do many things itself, which
tits ils bounden duty to provide the means
10 enable other departments or the people
10 do. Examples Of This are 100 obvious
and abundant 10 require specification.
Sir, since 1895. the doctrine we are dis.
cussing has received much illustration
from certain proceedings, in the Stale Of
Rhode Island. In 1912, portion OF the
people OF that Sale, undertook TO change
the constitution, against the wishes Of The
Legislature, and the other departments Of
Government. They proceeded by public
Town or county meetings, elected dele
gates, formed constitution, professed TO
have elected Mr.. Don Governor nndel
il. and claimed 10 supersede the officers
under The old constitution. Civil wal
ensued. DOR was put 10 roui. as he de-
served 10 BE-. and took refuge elsewhere.
But one Of his followers. being arrested by
the authorities of the old Government,
brough, suii for irespass and false i'm
prisonmen,. on the ground that the Dorr
constitution was in fnrce. The State of.
fcers justified under the authority Of the
old constitution. and thus The cause wa:
carried to The Supreme Cour. OF The Unit.
ed States. The report Of il is before me,
The Court did not consider the question
of what constitution was in force Judi.
cial one. as presented BY The pleading:
flr their decision. But Mr.. Webster
was The counsel OF the old Government
. Statesman and Jurist. as renowned fol
the conservatism OF his sentiments, as fol
the depth, The force, and range OF hi.
thoughts and information. He argued III,
whole subjert deliberately. And while b,
Justly condemns The unauthorized pro
ceedings Of Dor, and his followers, b,
puts the condemnation upon The ground
that he acted againsl The authority Of III,
existing Government; and every when
admits by fair implication. that il Dorr'i
proceedings had had the sanction Of III,
Government, an aci OF The Legislature, 70
example, providing for The determination
If The question OF convention. and tn
choice Of delegates, they would lave beel
legitimate and constitutional.
Sir, before taking Leave Of this argu
meni, lei me direct your attention again /
constitutional reservation Of power 10 III,
people. which should not be oyerlooke,
10 The consideration Of This question. j
the Bill Of Rights, which is part Of III
same constitution which contains The 10
libilion have quoted a, length. there j
this declaration: That the people d
this Stale ought 10 have the sole and ex
elusive righl Of regulating The internal 90
vernmeni and police thereof" This Sc
cuTes right. But how shall il be exer
cisedl The people cannot proceed 10 il
exercise BY making changes in The rgu
laiinns RI Government, without the an
probation OF the existing government
Thiswould be 10 commit the mistake {
Dor. But il such Is their right. is il NJ
within The power Of the Legislature. an
is IinoI us duty. when an emergency h
arisen requiring lis exercise. 10 provide III
means for that exercised II not. the
they have an abstract right. bdl there is q
means Of asserting il in practice.
trust that The authority Of ille I.egi.
iaiure to adopt The provisions Of III
amendment, and The right Of The people
call = convention, ATE now vindicsied.
presents BY Tar The most just, fair. ~
conservative MOLE Unconstitutional amen