Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1866-08-02

thority of the Conventions, briefly Consid-
| cred Discussed.
July 28th 1866.
Messrs. Editors -
am not surprised that the letter discussing the power
authority the late Convention to alter or revise
the Constitution of the State which appeared in pa
per of the 2st instant has elected much comment
That letter has made profound impression ON the puoh
mind and the best evidence of its ability the fact that
the able gentlemen who have published replies thereto
have it must be conceded failed to weaken IL any per-
ceptibe degree the reasoning by which its positions are
fortified and sustained.
argument of the letter the proposed change III
the basis of representation is it must be admitted adml-
rable This position is fortunate enough to be approved
by Mr. Allen The Old North State does not attempt to
it, contenting itself with reference to its views on
that question heretofore expressed Mr. Hanes is good
strategs we'll able writer and recognizes the force
the old adage, discreon is the better part of valor
Neither he, other upon general prlncl
pes successfully the reasoning OF the letter on the
| &C basis question:
But the letter deserves especial consideration as pro-
found constitutional arguments and may not be amiss
resate the propositions therein submitted They ap-
pear to me to be as follows
First. That the Convention not legitimate Convell-
ton, and had power to make Constitution,
to alter or amend that which we had and have
Secondly. That the Convention had legitimate
stence its acts cannot be rendered valid Unpopular
Thirdly Admitting that the President of the United
States had the power egmately call Convention of
the people of the State STILL the Convention called
by him was limited to the consideration of certain sub
ecs it had authority to consider such subj only it
was limited and not an u'Uaited Convention and every
is null and void
Ipropose principally to consider the third proposition
The North state lays down the premlss If it was
valid Convention for any purpose then it valid to all
ntents and purposes Amore erroneous proposition than
this one logical could not be submitted to public
consideration 1t clear to any capacity that the Con-
venon may have been valid for the purposes for which it
called, and without any authority to consider any
thing whatever not embraced therein The Convention
Of 1885 limited by act of the General Assembly to
the consideration Of the subjects in said act specified
Will Mr. Hanes pretend to say that if had proceeded to
consider subjects not specified in said act its action would
have been binding? The words of Judge CASTOR pre-
cisey in point, towit Such Convention is proposed
in the act of Assembly, and other has been called
and therefore that act so sanctioned must be regarded
power of attorney If we transcend the limits,
fuse obedience the conditions therein provided,
not the Convention called by the people, ont seJcOstt
ted BODY In that Convention the very question moot
could be rendered valid by the sanction of popular
ority The enquiry not pursued it was not necess
pursue it, for that body patriotic GrrOgae
to itself power not conferred upon it. But Judge CASTOR
clearly intimates that acting individuals the polls
the people could not render valid any such assumption of
power.
The late Convention called by the Provisional Gov
under the instructions of the President The pro-
carnations of both clearly defined the purpose for which
the Convention called. The delegates elected
should be alleged that the call sanctioned by the peo
ple be admitted, to the words Of Judge Gas
And when the Convention transcribed its limits,
longer "Convenon called by the people, but seIcon
suted bOdy with authority derived from source,
either from the President the Provisional Governor the
people, the of the State In the words of
correspondent, such Of power preen
without parallel or precedent until the present term
numerical majority without respect for rights the Con-
stution As ar as they safely can, and whenever they
The question arises What limits if any, were pre-
scribed in the proclamatons calling the Convention? by
pointed William W. Holden Prov sona Governor of North
Carolina wnose da1y it shall be- t. prescribe rules &c
by the loyal people of the State the purpose
altering amending the Constitution thereof and with
authority exercise, within the limits Of said State all
the powers and proper enable such loyal eo
Of the State of North Carolina to restore said State to
its constitutional relations to the Federal Government
No will pretend that the President had any authority
under the of the Federal Constitution which guara
call Convention to regulate the whole internal affairs of
the State but only to take such action would restore
the State to it's constitutional relations to the Federal
government In the proclamation OF the Provisional
Governor issued August 8th 1860 calling the Conventions
the purpose declared that said State be restored
to its relations to the Federal Government Now by the
Peace Proclamation of the President issued in April
last think the State is declared to be restored to her
constitutional relations to the Federal Government" The
pose which had been called for which the dele
gates thereto had been elected its authority at end
constituted body. Wen may yoHr correspondent, Of 2st
inst, ask Glow dare they, then, go to frame a Consti-
tuition law, for all time, which to be binding those
who elected them for other ends and also that large
portion of the patriots and heroes unpardoned rebels
dc not admit and Mir. Hanes is mistaken in suppos-
ing the writer of the letter much commented on add
purpose. The argument simply is that, conceding that
call to be legitimate, the action Of the Convention
thing done by it beyond the power conferred on it, is na
and void Let those who held that the acts Of the
vention, beyond the of the power conferred it,
the authority to pass such acts, erds de1ioed!"
1t is not necessary to discuss the first proposition
whether the Convention legitimate for amy purpose
only for the purpose for WHICH it called
practically at the result 1t is admitted that the
terms upon which Mr. Johnson insisted as basis of re-
soration to the Unon have been conceded cxacted
DeVOud the on. But he ia
poor student Of Constitutional history, who refers this
action to any legitimate proceedings had under the fda
mental law of the state or Of the United States
But whether the Convention eg innate in it's
powers, the second proposition in either view impre
nable to assault. The popular sanction render
valid action of the Convention which had eg-
mate basis either from the fact that it illegally called
or that it exceeded the powers conferred on it.
The President of the United States late Convention
and MI Hanes all e!nphatlcay concur in the doctrine
that the moment the State restored to her Cons
tiona relations to the Federal Government" the Const
tuition of the State which in being and
before the adoption OF the ordinance of Nav
2Oh 1861 except in so far the had been modified
by the Convention under the call of President
back into full power governing force The President
had no further for the Convention it had served his
purpose, and he in effect dismissed it. continued to
ued its existence under the Constitution of or it
must have continued as 'sefconsttuted body" II
continued secOnsuted body which in fact it re-
any dld the arguen that ats acts may be rendered valid
by the popular sanction scarcely rises above the dignity
although the people have bound themselves by their fun
amena law, to certain and precise mode of amending
the same they may any time, amend the same law in
an another and different mode The people having pre-
scrbed mode Of amending their fundamental law can
amend it only in the mode prescribed. the doc
rine enunciaed in the sec0nd proposition and is sns-
tanned precisely to the letter bv the Dorr case The
constitution of Rhode Island being full force peo
PIE OF that State called Convention contrary the pro-
thereby by majority of the popular vote write from
memory only as have not the stQy of the proceedings