Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1866-07-19
THE WILMINGTON JOURNAL.
WILMINGTON. N. c., JULY 10, 1866
The New Constitution.

Tho Convention, which happily Tor the honor
"a North Carolina has at last adjourned, directed
. nav Constitution to be submitted to the votes
80 tho neople of the State. This new Constltu-
+ion is presented as an entirety and must be
acted upon as such. The people have no option
N the matter save to accept all its provisions, or
70 reject them all. and as of these provisions
renders in future any further change or amend
nent extremely difficult it behooves every voter
to reflect we'll before he agrees to fasten upon the
State Constitution which, for many years, 1t Will
be impossible to alter. We are opposed " VIC
adoption of this new Constitution Oh many
grounds. In the first place, we have an aversion
~ almost all constitutional amendments, at this
time. Our Radical brethren have made US dis
like even the name of constitutional amendment
We distrust any thing that has received the COM
mendation of the late Convention, as genera
rule, and especially do think its action IN TINS
matter yery suspicious. The ordinance adopting
the proposed Constitution was one OF the latest
acta of the Convention, having been passed 2oth
June.
Tt is REQUIRED to be voted upon in the first week
Of August. 1t was ordered to be published In two
RALEIGH papers and in no others. The result must
necessarily be- that with the present limited mall
facilities in the State, only very small portion
of the people will be able to inform themselves as
IN the merits of that upon which they are required
70 vote. Economy could not have been the motive
for this as an adjournment week previous
wonld have saved the State money enough to have
scattered COPIES of the Constitution broadcast
over the land It is worse than mockery to sub
NIT Constitution to people for ratification with
ont giving time for consideration, reflection and
investigation and it really seems if the Conven-
ton intended to require the people to vote with
the same freedom and intelligence which they
themselves were compelled to exercise IN the ear
1ier DAVIS of its first session. when their ordinances
erepassed merely torecord kilograms and DEGREES
eminating from Washington City. We are happy to
to believe. however that the people OF North Car
olina still consider the State officers at least, as
servants anG not masters, and intend to submit to
no insolence from them. We therefore desire
further time for full consideration OF the merits
of the proposed changes, to some OF when we
have now insuperable objections
We object to that clause which provides Tor the
election of Magistrates by the people, for we re-
gard it as the first step in wrong and very dan
gerous direction. In our opinion, the purity and
integrity of our Judges can only be preserved by
their independence of both popular and govern
mental favor This independence cannot exist
when the tenure of Office is dependent on popular
elections The experience of other States is decl-
dedly opposed to the policy of the proposed
change. Some change indeed was necessary IN
reference to our Magistrates but we do not believe
this change to be right in itself that the people
desire it.
We object to that clause which renders mem
bers of the Legislature ineligible to any other of
fee, though some of the recent elections would
seem to indicate the necessity as well as proprlety
of such rule. The clause, however, Will not &C
complish the object for which it was intended, for
it will only transfer electioneering from the floors
of the Halls to the lobbies. 1t will not suppress
it. It gives to a single county the power to thWart
the wishes of the balance of the State. We need,
and have the right to the services of our ablest
men in the Legislative Halls, but we can not ex-
pect to obtain them if we thereby disfranchlse
them. If the clause be adopted, we are forced
either to isfranchise best men, or to send IN
terior men to the Legislature This is neither
polite or just. The class of men from whom our
other officers, both State and Federal ought to be
selected is the very class ought to find IN our
Legislatures. Our Legislators ought to be our best
men, the new Constitution proposes to make them
political eunuchs.
We object to that clause which prescribes the
form of OATH Upon this point we are happy to
have the opinion of so distinguished patriot and
jurist as Judge Manly. He says
In art VII, g. form of oath is indicated for ali
State officers upon entering on the discharge OF their d
ties inns Is noyey IN our @ ~ anu R Is a5 Gd
Cap 7s l. fhe Interpolation of this section seems to
be intended change respective relations to the Ma
tional and State governments in way By sinking
the old form of OATH which promises faith and true ALE
glance the State fundamental principle OF our Fed
eral relations seems to be ignored or denied OBJECT to
rights which becomes to hold with the and
patriotism OF the country object to 1T as SIDE blow at
principle which ought to be met fairly and openly met
ALL and calculated debase the State from the con-
dton OF sovereignty and dignity which 1t has ever been
supposed occupy, to the condition of dependency up
the United States desire to maintain the relations
between the National and State governments without
abating title from either. As democratic fathers
have settled Them wish to keep them with all proper
honor each in its legitimate sphere of action am for
keeping the oath of Office fathers framed It, and as
they have kept it when reviewing their organic laws from
more am unwilling to take anything less. This change
deemed grave difficulty in accepting the new Consti-
tuition.
To the clause which renders it so difficult to OBJ
tain amendments in future we do not object In
itself, but as a part of the Constitution which
must be ratified altogether rejected altogether,
and to other parts of which we have such serious
objections it is so obnoxious as to make us reject
the whole instrument We do not think the pub
lie mind is capable yet of fully and calmly exerc-
sing its reasoning faculties that it has yet had
time to settle down to its accustomed healthy con
dtion for thought and reflection, and fortunately,
delay do us no harm, for If we reject the new
Constitution, We will simply go on under the old
one under which we have lived so long and for a
time SO happily The men of the Convention of
1885 were certainly equal to those of the Conven-