The tri-weekly standard. [volume] (Raleigh, N.C.) 1866-1868, 1866-07-28
re rnn pnorLE o. os.sEs ooUsFH.

- 14av;ns, bepns one of your representatives
in tfe late Convention and General Assem-
bly of the State deem 1T incumbent on me
> te, give YOU some account OF the pupl acts
of those bodies. The Constltutlon afiopteq
Nv the Convention that has just adjourned,
3 Is 70 be submitted to you, with the other
people of the State, for ratification, ON the
first Thursday of August, and it is therefore
especially proper at once, to give some &C
count of the changes made in that instrument
that you may vote understandly upon 1T.
1st The ninth section of the Bill of Rights,
declaring that mo freeman shall be convlc-
ted of any crime but by the unanimous yer
dict of jury of good and lawful men In
open Court as heretofore used," has been so
far modified as to allow the Legislature 10
provide other modes of trial for petty mis-
demeanors, with right of appeal
q The Bill of Rights has also been amended
nv the Introduction of the amendment mace
at the first session of the Convention: Inat
slavery and involuntary servltude, otner"lse
than for crimes whereof the Partles snail
have been duly convicted, shall be and Is
hereby forever prohibited within the State.
This change in our social condition, suddenly
and violently, was exceedingly deprecated by
me. but it became a necessity and could not
be avoided.
2. In the Legislative department two i'm
portant changes have been made. One IN
the basis of representation for the House OF
Commons; the other on the power OF the
Legislature to levy taxes or raise money out
of the people, or to make pledges for any
such objects
The noticeable change in the basis is, that
representation in the Commons is to be APP
portioned to the white population, instead
of the white and three-ffth of the coored,
as heretofore. By this change the East loses
political weight and influence. 1t is con-
I, Iu Obi h1p feature
in the new Constitution. 1t violates the great
fundamental principle, that representation IN
the popular branch of the Legislature should
be in proportion to population (the whole
population.) 1t has never been asserted,
until of late by the radicals North. that rep
resentation should be apportioned to the
voting population. Wherever the represen-
tative principle has been adopted, classes are
excluded from voting from considerations
of public policy, as in the case of women,
minors, aliens, persons not domiciled, 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 judgment, unquestionably
to be counted in arranging basis of repre-
sentation. The partial representation of this
class in the Congress of the United States,
was concession made to the principle con-
be regarded simply as property. The same
may be said of the similar feature in our
State Constitution. The allegation can now
no longer be made.
The second amendment in the Legislative
department above referred to, and for the
details of which I refer you to Art II, sec.
90, of the new Constitution, met my hearty
concurrence and support.
8. The new Constitution provides an adj
off in tho Eyao;1fi va6 ana rfn
called the Lieutenant Governor, whose duty
it will be to preside in the Senate, and to
take the place of the Governor in case of his
death, resignation, disability or absence
This amendment involves no principle, and
subjects the people to little additional ex-
pense, and is change, therefore, which l
suppose may be allowed to pass without
comment.
4. A change has been made in the judicial
department, which think was needless, and
to which objection may possibly be made.
The Supreme Court, according to legislative
provision, sat twice per annum in the city
of Raleigh. This was, of course, subject to
be changed by the legislative will but now
it is provided in the new Constitution that
the Court must sit in Raleigh, and no where
else, twice per annum and no fewer times.
I am for inserting in the fundamental laws
important principles only, and leaving de-
tails 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 JUS
tices of the Peace to the people in districts
of the respective Counties to be laid off by
the next General Assembly 1t is provided
there shall not be more than two for every
one thousand inhabitants, with three addi-
tional ones for every County seat and incor-
4o1 ~ 7
their offices for six years. By the census of
1860, the county of Craven contained 16, 269
Inhabitants, so that the maximum number of
Justices to which We would be entitled I'M
der the Constitution would be 80, with three
on account of the incorporated city of New
bern, making in all So. While have doubts
as to the expediency of this feature in our
new organic law, I submit it to your expert
ence and Judgment and shall abide results
very cheerfully.
5. The disqualification for office on ac-
count of religious disbelief, was amended in
1861 so as to admit to Office persons of the
Jewish faith. This amendment has been re-
incorporated in the new Constitution, as will
be found by reference to the phraseology
now used In Art. V, sect. 1. In this amend
ment heartily concur.
3. In Art. VII, Sec. O. form of oath is
indicated for all State officers upon entering
oAA euO NaoSnolSO VI luelI uuIleS 1n1S IS a
novelty in our Constitution, and is different
from the form prescribed by law in the Re-
vised Code, Chap. rs, Sec. 4. The interpo-
iatlon OF this section seems to be intended
to change our respective relations to the
Nanonal and State governments in some
way. By sinking the old form of oath.
which promises faith and true allegiance to
the State fundamental principle of our
Federal relations seems to be ignored or
10nf to
the great argument as to State rights which
it now becomes US to hold with the sense
and patriotism of the country. 1 object to
it as side blow at principle which ought
to be met fairly and openly, if met at all,
and as calculated to debase the State from
the condition of sovereignty and dignity
which it has ever been supposed to occupy,
to the condition OF dependency upon the
United States. desire to maintain the re-
latlons between the National and State gov
ernments, without abatinga title from either.
AS our democratic fathers have settled them,
so wish to keep them with oil proper honor
to each in its legitimate sphere of action. I
am for keeping the oath of Office as orr