Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1866-08-09

safety OF the State shall be capable of holding any oc
or place of trust profit in the civil department. "th
The Convention of 1885 amended this 32d sec
ton by striking out the word protestant, and lnser
ting in its stead the word christian, and striking
out the word either, after the words g divine au
thority' This change Of the word protestant te
christian, was made to admit Roman Catholics te
Office who in the opinion of many were excluded
by the use of the former word, and the WORD
q eithey was stricken out as redundant, and there
fore useless. With but very few exceptions the
talent and harmony OF the Convention of 1885
favored the amendment, and it was adopted after
an able and exceedingly interesting debate, by q
large majority.
The section as amended in 1885 remained as
part of the Constitution of this State until the
year 1861, when it was amended by tho Conven-
ton of that year by entirely striking out the words
ss or the truth If the christian religion" and amend
ing the next succeeding part Of the section ''.or
the divine authority of the Old o. New Tesla
ment" SO that it should read, or the divine au-
thority of both the Old md New Testaments. -
The section SO amended and then adopted, is the
same which was submitted as part of the Constitu-
ton by the late Convention, and is in the words
following:
"No person who shall deny the being of Almighty God,
the divine authority OF both the Old and New Tesla
mens, or who shall hold religious opinions incompatible
with the freedom or safety of the State shall capable
of holding sy Office place of trust profit II any civil
department OF the State
|. No reference whatever is made in this section
to the Christian religion, other than the same that
is made to the religion faith Of the Israelte-
the Old Testament and the New Testament ire
referred to- and he who believes in the divine
thority of eitr is qualified, SO far his religious
opinions concerned, for any Office in this
State-dSbeiief i'll, or denial Of the divine au-
thority of the Ne,c Testament works no disqualii-
cation for office, provided the person believes ill.,
or does not deny the divine authority of the Ol|
Testament and rice reys0. There must be a
denial of the divine authority, not only Of the
Neec but also of the Old Testament, not OF oRe
but of both, to disfranchise.
1t is sufficient however, to say, that theAexist-
ing phraseooey Of this section was adopted by
the Convention Of 1861, after the sense of that
body had been taken on d direct proposition, that
Jews should not be excluded from Office in this
State account of religious faith and to say
the least OF it, there gross carelessness Oh the
part of the Executive Committee of the Board OF
American Israelites, III jumping to conclusion
so antagonistic alike to the history and the true
construction of this section. The section, quo
ted in the address of the committee, is part of
the present Constitution of this State-madc so
By the Convention Of 1861 and the recent Con-
ventien simply re-adopted it without the altera-
ton of single word.
Judge Curtis Letter.
We called the attention of readers few
Al IL
formerly of the U. S. Supreme Court; we propose
to submit, to-day, few reflections that have been
suggested by it. Although.the letter was written
with special reference to the Philadelphia Conven-
ton, it. enunciates principles that bear with great
weight upon the question OF the Legitimacy Of the
late State Convention, which it is asserted derived
it's powers solely from the people Of the State of
North Carolina.
From the premises laid down by the. learned
Judge, We think the conclusion irresistible that
the late so-callea Convention had no existence in
law. He says:
The title of conqueror is necessarily inconsistent
with republican government which can be formed only
by the people themselves, to express and execute their
And if the preservation Ct the within the Union
of the objects Of the war, and they be pre-
in harmony With the Consiitntion and such
can be organized only by the people of those States then
lanest III Is not only the right but the constitutional
duty of the people of those States. t. organize such
crments and the Government Of the United States
have rightf authority to prob bit their Oranza ton
Bot this right and duty Of the people OF the several States
only begin when has ceased, and the authority OF
the Constitution and laws of the United have been
ceso1ed and established and. from tie tF6
the Government of the United States deter
nine when that time has Gomez
"As command ernchiof of tho army and navy and as
lie chief executive officer whose constitutional duty
that the laws faithfully executed it IS the Off
al duty OF the President to know whether rebellion
las been suppressed and whether e authority Of the
Constitution and laws of the United States has htcn
'etey restored and firmly established"