The weekly North-Carolina standard. [volume] (Raleigh, N.C.) 186?-1869, 1866-08-01
RALEIGH, n. @, WEDNESDAY,, AUGUST L 1866. 81

laws, are by the new Constitution, confined
to conventions of the people, called by two
thirds of all the members of each House of
the. General Assembly. There are to be no
more amendments by concurrent votes of
successive Legislatures. This makes all fu-
ture change more difficult of attainment, and
should admonish US to think we'll, and to
understand thoroughly before we give to the
new instrument sanction as the permanent
fundamental law of the land
The alterations which have noted above
are all Of any Importance that have been
made in the Constitution, according to nv
understanding of it. In all other respects,
it remains substantially as it was before. 1t
IS now submitted to you as whole, and the
question for your decision is whether YOU
will take it with its, s,defects such as they are,
or continue to live under the Constitution in
its present state2
This question was of course presented to
me as one of your Representatives at the
close of our labors, and felt it to be my
duty to vote against the Constitution as a
whole. In this was actuated by objections
to its details, as above set forth, and also by
conviction entertained in the beginning of
our second session, which has gathered
strength. by subsequent reflection, that the
Convention had no power to act outside of
the scope assigned it by the military au-
thorities. It was assembled as part Of the
provisional machinery of the President for
reconstructing the State, and when that was
done its vitality was exhausted. It could
not in any sense sit as a Constitutional Con-
yention of the people of North Carolina, in
vested with their sovereign power, and au-
thorized TO exert it in their behalf, because
not called together and organized in the
mode pointed out by law. Itwas part of
the military organization for rehabilitating
the State; and when the President pro
claimed that office completed, and the State
again in the Union and invested with its
customary powers, the Convention, as well as
all other parts of the machinery used, was
thereby legally dissolved.
If the Convention was not constitutionally
and legally called, its work is without valid
ity, and cannot be helped by the sanction of
q popular vote. This is understood to have
been settled by the legal decisions of matters
growing out of Rhode Islands attempt to
change her organic law faW years since
But if the Convention had been constitu-
tional in its organization, it was contrary to
all sound doctrine in representatives govern
ments that it should perform work outside
of that which it was appointed to perform
The Convention was appointed, as under
stand, to perform certain acts which we were
told were conditions precedent to onr read
mission to the enjoyment Of rights as State
We were elected, 1 take it, because of a sup
posed fitness for this special service. To
avail ourselves Of an appointment, because
it happened to have no express limitation to
its objects, and go into general revision of
fundamental law, where nothing of the sort
was contemplated, does not consist with my
sense of representative propriety.
have thus submitted to you, briefly, such
views as occur to me in relation to the pro-
posed amendments of the Constitution. The
matter now rests with you for decision
Other matters of much interest l should be
glad to say something about, but l have al
ready extended this communication beyond
its intended length, and must defer other
topics to future opportunities.
Very respectfully,
Your ob't servant,
M. E. MANLY.