Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1863-10-16

amendments were maze 10 Inc PTeSehb SOuee.eh'Vn
of the United States:Y" and then answers by no
means. They were appended really and truly as
amendments, not displacipg the position ana num-
hers and the entire phraseoiogy of al the original
in the Constitution" This is indeed true, but 1t by
no means follows, that the other course IS unoonst-
tutional The amendments to which ne alnees
made no extensive change in the powers OF tne gov
eminent In fact most of them are merely asciSra;
tory, and being proposed by Congress II "asInost
convenient to present them in that form. IT,
But suppose that in pursuance Of the provisions
of the fifth article of the Constitution, congress
were upon the applications of Legislatures Oh Two
thirds of the States to call National ConVentlon
for the purpose Of proposing amendments 70 ene
Constitution, and such Convention snouluI after
agreeing to the amendments desirable, proceed 70
revise reunite and consolidate the whole, ana that
it should in that form be ratified by Conventions
in fourth of the States, would it be an entire
" new system which could not be put IN oPerauon
without the secession of the States from the present
Union and the total dissolution of the existing gov
ernmentP The argument of Marion goes thls lengtn,
or fails entirely: Arguments that prove TOO
much prove nothing at all and tired Dy TINS s.Auu
ard, think have shown that the arguments OF
Marion are a complete fallacy. not only assert
that the foregoing hypothesis would be clearly
legal and constitutional but 60 further and say that
if such Convention should make any changes or a.
terations not entirely subversjve ofrepubcan prln
ciples it would still be perfectly legal and consn
tutional proceeding and if ratified by three-tourtns
of the States would become the fundamental Jaw
without any secession or dissolution Of the existing
government admit that the Convention Of 1887
made great and "radical change" in the system,
but still not total change, and therefore did not
transcend their powers. But even admitting (Which
do not that the old Constitution was entirely ig
nored, and An entirely new one proposed, II still
does not follow that there was any secession in l7ss
The new Constitution superseded, or was syostttu-
ted for, the old one without suspendng the func-
tons of the national government for single hour
The first President, Senators and Representatives
under the new Constitution were elected in pursu.
ance of laws enacted under the old. 1t would Ger
tainly have been somewhat singular proceeding for
the Congress Of Confederation which was already
dissolved to have enacted laws for the election Of
the chief officers to administer the government OF
ne0 Union which was not yet in existence, but into
which the constituent members of the dissolved
Confederacy contemplated entering at some future
day.
But Marion supposes that he has completely de-
molished me by an argument drawn from the n.y.
pothesis of the firm which he introduces. He says
"Johnson, Williams and Harris entered into mer.
camille copartnership, prescribing certain restric-
tons on each Of the members, which are found to
be quite Objectionable in practice They consult
together with the view of amending the old articles
laying aside farther considerations of the old ar
ticles propose a set of entirely new articles differ
ing radically from the old ones, and among other
things, confering powers on Williams (whom it is
proposed to make general agent under certain re.
srictions for the concern) in such phraseology as
induces Harris to fear that future trouble might
arise from misconstructon by Williams Of that
phraseology in his own favor.
The result is that the old articles not amend
ed, Harris will not subscribe the new ones, and
johnson and Williams although they had original.
ly agreed TO remain partners of HarriSs for life and
not alter change the old articles Uness all three
sh0uld concur set themselves up in separate con-
Germ under the new articles and Harris continues
in the old business by himself" And then asks:
"Will Davidson assert that johnson and Williams
are the old concern and that they did not 60 out of
it," answer no but eiu assert that there is
no analogy between the real and the Hypothetical
case. Johnson, Williams, Harris and ten others,
enter into mercantile firm under the style Of john
son, Williams Harris & Co. In their atcles Of CO.
partnership they agree to deal exclusively in grocer
les, and on the credit system After several years,
proposition is made to alter the articles as to
limit the trade in groceries to great extent, and
embrace dry goods, and at the same time abandon
the credit, and adopt the cash system. johnson,
Williams, Harris and eight others agree to this
change, two dissent from it Nevertheless the
change is made, and johnson, Williams Harris and
eight others continue business under the old style.
The other two for q time have nothing to do with
the business Of the firm yet do not carry on the old
business themselves, but attend to their own pri-
vate affairs. The business, however, is not closed
up. There is no distribution of the debts diys-
ion of the credits Will Marion say that Johnson,
Williams, Harris & Co., are new firm; that they
withdrew from the old one? After sometime, as was
foreseen and contemplated by the other eleven, the
two dissenting members again take their places in
the firm. Will Marion assert that this firm consist
ing Of the same identical members with great and
material, though not total change in their articles
is not the same old firm He is reduced 10 the ne
cessity of doing this Of admitting that that the
Union of 1870 was the Union of 1882.
But MarionjhYs great stress on the insertion Of
Article VII providing that: 1.-The notifications Of
the conventions Of nine States shall be sufficient for
the establishment of this Constitution betlceen the
States so ratifying the same" But that difficulty
was seen and not evaded by me IN my first commu-
nication. In that communication l say: The on
ly particular then in which there was the slightest
departure from the provisions of the Constitution
was in its being put into operation when it had been
ratified by only elven of the States instead Of by all
Of them The other two States, however, soon rat
fled it and thus remedied that defect; and there
is little doubt that tie result foreseen and con-
templated by the National Convention And it is
believed that that enlightened body Of statesmen
foresaw that If the government put in operation
under the amended Constitution upon its adoption
by nine States, it would ensure its speedy adoption
by the other four, and thus by temporary depart
ure from the Constitution ultimately secure its
tire fulfllment"
So much for the question of the secession of the
eleven States in 1889. DAVIDSON.
lTo BIZ CONCLUDED IN OUR NEXT.