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

| HCCuioH VI lNUItu SdIUilild tHdb HitIt
should be convention, TO consider of
certain amendments proposed 10 be made
10 the constitution, and did further direct
that il majority OF all the votes polled by
The f.eemen Of North Carolina should be
in favor Of such convention, The Governor
should, by Proclamation, announce the
fact, and, ihereupon, the (reemen aforesaid
should elect delegates, &c.; and whereas
a majority Of The freensen of North Caro>
lima did, 6y their rotes, at the polls so
opened, declare their wW that conven-
ton should be had, 10 consider, &c. and
the Governor did by Proclamation an.
nonnce the fact iha, their will had been so
declared, and an election Of delegates was
accordingly had: Now, therefore, we, the
delegates Of The good people, &C., sub
nit TO The determination Of the qualified
voters Of the State The following amends
menls, &c." Thus showing that they
considered their power derived from ahe
will Of The freemen oflhe State, expressed
BY their votes al the polls. II is then ess
iablisned beyond controversy, that that
was constitutional and legitimate mode
Of originating convention, and that it
was then acted upon.
Bur | am told thai il is now prohibited
by clause in the amendments Of 1895,
in these words: :" No Convention OF the
people shall be called by the General As
sembly, unless by The concurrence Of two
thirds Of all the members Of each House
OF The General Assembly" Let US ex~
anime il. Ii is prohibiton-upon
whom ! the General Assembly, unless
two>thirds concur. Against doing what!
Calling Convention. Exercising their
authoritative power 10 bring into existence
body with power over the Constitution.
For il is manileslly intended that il majo-
rites of iwo,lhlrds do concur. they may
direct a Convention 10 be elected and as
sembled. with fnl power TO annul the
whole Constitution and substitute another
in its stead, without consulting the people
at FIRST. or submitting il 10 them al last
The Legislature evidently has no power
10 limit Convention, or TO require il to
submit ils work 10 the people. Against
Convention with such powers, and such
responsibility. this provision was intend.
ed 10 guard. But upon atsafe and tried
meihnd Of a proposition by the Legisla-
lure 10 the people, and a call by the peo-
pie themselves, il has no operation. Re.
slraining and disabling provisions upon
the power Of the people are 10 be strictly
construed. They had the righ, to call a
Convention, and The Legislature had the
power 10 provide them the means for the
exercise Of that right in 1895, as we have
seen. Does prohibition on the Legisla-
iare against calling Convention itself
take away either this right Of the people.
or the power Of the Legislature 10 provide
for It's exercise!
am corrobofaled in This view by wha.
occurred in the Convention. First, u
committee reported mode Of amending
The Constitution by wha, is called The
Legislative method. Taking j, for grant
ed that that did not exclude the power 10
resort 10 Conventions as another means Of
amending, Mr.. Meares, Of Sampson, pro.
posed an article $50 that no Convention
Of the people should hereafter be called,
except by Tho concurrent vote Of ,wo-
thirds Of each House Of The General As
sembly." Deb. Con. 800. Did this
pass! lfithad. should have surrender
cd the question. But Mr. Giles. Of Row
an, and others, demonstrated and afier
debate, Mr.. Meares modified . his dmend-
meni so as TO provide that no Convention
shall hereafter be called BY the Geaerai
assembly. except by The concurrent vote
Of lwo-IhIrds ol each House. Mr.. Giles
said he was perfectly satisfied, and the
amendment in that shape was adopted"
Deb. Con. 372. 3. Now what was the
difference the first proposition was gene>
raj, and prevented the call Of Conyen-
lion in any way, except BY the concur
renee Of lwo,lhuds Of each House, and
was lanlsmount 10 saying no Convention
shall be called. either By fhe people or Iy
the General .fIsembly, except with lhe
previous concurrence Of iwo-ihirds Of
each House Of the General Assembly.
Upon remonstTanre being male, Mr.
MesTes modifes, so as 10 leave out tho
restraint on the people, and conine the
power 10 call in The General Assembly TO
a iwo-ihirds vote, leaving TO the people
the right which they had had, and under
which Thar convention was then sitting.
And il the righ, remained 10 them, the
power and duly Of the General Assembly,
10 proper case, 10 provide remedy, is
not taken away, by forbijding il 10 call
q convention, except by iwo,ihirds. For.
according TO The opposite construction.
even two-lhrds could not submit the
question 10 The people, Of whether lliey
will have convention. but must them
selves call il, or there can be none al all.
/ Again. We have had three conventions
in Nurih Carolina 10 change the consliiu-
iinn since its original adoption 10 1916.
!, One which met al Hlllsbmough, 10 July !,
. 1883, with power 10 deliberate on tie
E..la..l ft.t,,at,f.ftno rnI IN ceishiiah a