Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1866-07-19
Tne New Constifutior,.


detail some of the objections we entertained to
the adoption of the Constitution amended by
the Convention. We glad to be able to lay
before our readers to-day, the following letter
from that sterling patriot and eminent jurist,
Judge Manly, to his constituents of Craven Coun-
ty, which we take froG, the Newbern Commercial.
We surrender editorial space to this letter, and
as the time at which the people of the State will
be called upon to express their opinion at the bal
lot box upon this important change, is but short,
shall refer to this subject again at an early day
The letter of Judge Manly addressed to the "Peo-
pie of Craven County, is as follows:
Having been one of your representatives in the
late Convention and General Assembly of the
State, deem it incumbent on me to give you some
account OF the public acts OF those bodies The
Constitution adopted by the Convention that has
! Just adjourned is 10 be submitted to you, with
the other people of the State for ratification,
the first Thursday of August, and it is therefore
especially proper at once, to give some account of
the changes made in that instrument that you
may vote Understandings upon it.
LIST. The ninth section of the Bill of Rights, de-
claring that sno freeman shall be convicted Of any
crime but by the unanimous verdict Of jury of
good and lawful men in open court as heretofore
used, has been SO far modified to allow the
legislature to provide other modes Of trial for pet
ty misdemeanOrs, with right of appeal
| The Bill of Rights has also been amended by
the introduction of the amendment made at the
first session of the Convention : s. That slavery
and involuntary servitude, otherwise than for
crimes whereof the parties shall have been duly
convicted, shall be and is hereby forever prOhlbl
ted within the State This change i'll our social
condition, suddenly and violently, was exceeding
ly Deprecated by me- but it became necessity and
| could not be avoided.
! 2. In the Legislative department two important
changes have been made. One in the basis of re-
presentation for the House of Commons the other
on the power of the Legislature to levy taxes or
raise money ont of the people, or to make pledges
| for any such objects.
The noticeable change in the basis is, that re-
presentation in the Commons is to be apportioned
to the white population, instead of the white and
three-ffths of the colored, as heretofore BY this
change the East loses political weight and infu-
ence. It is considered by highly objection
able feature in the Constitution. It violates
the great fundamental principle, that representa-
ton in the popular branch of the Legislature
should be in proportion to population (the whole
population.) It has never been asserted until of
late by the radicals North, that representation
should be apportioned to the voting population.
| Wherever the representative principle has been
adopted, classes are excluded from voting from
considerations Of public policy, in the case of
women, minors. aliens, persons notdomiciled and
the like. These are vicariously represented, and
are properly counted in establishing basis. SO,
while public policy would exclude the colored race
from the right of suffrage they ought, in my ildg
ment, unquestionably to be counted in arranging
basis of representation. The partial representa-
ton of this class i'll the Congress of the United
States was concession made to the principle
contended forat the North that slaves should be
garded simply property. The same may be
said of the similar feature i'll State Constitu-
ton. The allegation can now no longer be made.
The second amendment in the Legislative de-
partment above referred to, and for the details of
which refer you to Art. II, Sec %, of the new
Constitution, met my hearty concurrence and sup
port.
/ B. The new Constitution provides an additional
H.
| Lieutenant Governor, whose duty it will be to
preside in the Senate, and to take the place of the
Governor in of his DEATH resignation, dise-
biity or absence. This amendment involves
principle, and subjects the people to little addi-
tional expense, and is a change, therefore, which
| suppose may be allowed to pass without com
ment.
4. A change has been made in the Judicial de-
partment, which | think needless, and to
which objection may possibly be made. The Su-
preme Court, according to Legislative provision
sat twice per annum in the city of Raleigh This
was of course subject to be changed by the legis-
iative will 3; but now it is provided in the new
Constitution that the court must set in Raleigh,
and no where else, twice per annum, and no fewer
times [ am for inserting III the fundamental
laws important prnci pies only and leaving details
to be settled by the Legislature from time TO time,
as public policy and interest may require.
This department of the Constitution is amended
also by giving the election of justices of the peace
to the people in districts of the respective
|
1t is provided there shall not be more than two
for every thousand inhabitants, with three
additional ones for every county seat and incOrpO-
rated city OF town. and they shall hold their Off
ces for six years. By the of 1860 the conn
ty of Craven contained 16 26S inhabitants so that
the maximum number of justices to which we
would be entitled under the Constitution would
be b. with three on account of the Incorporated
city of Newbern, making in all 30 While / have
doubts as to the eXpediency of this feature in our
new organic law, [ submit it to your experience
and Judgment and shall abide results very cheer
fully
s. The disqualification for office on account of
religious disbelief, was amended in 1861 so as to
admit to office persons of the Jewish faith. This
amendment has been re-lncOrpOrated IN the
Constitution, will be found by reference to the
phraseology now used in Art. V, Sec l. In this
amendment heartily concur.
g. In Art. VII, sec 8, a form of oath is indica-
ted fOr all State officers upon entering the dis
charge of their duties. This is novelty in our
Constitution and different from the form prescribed
! by law in the Revised Code chap. 76, sec. T. The
Interpolation of this section seems to be intended
to change our respective relations to the National
and State governments in way By sinking
the old form of OATH which promises faith and
true allegiance to the State fundamental prin-
ciple of Federal relations seems to be ignored
Oh denied. object to it as &c post fctctO in the
great argument to State Rights which it now
becomes us to hold with the and patriotism
of the country [ object to it a side blow at a
! principle which ought to be met fairly and open
ly, if met at all, and calculated to debase the
State from the condition of sovereignty and dignity
which it has ever been supposed to occupy, to the
condition Of a depency to the United States. [ de-
sire to MAINTAIN the relations between the Nation
al and State governments, without abatng little
from either AS democratic fathers have set
tied Them SO I wish to keep them with all proper
honor to each in its legitimate sphere of action.