Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1870-02-25
Erom The RaIeich Sentinel,
Reuorf of Senators Robbins and Murphy
on the Convention Bill.

tn The Senate of North Cdrottnd
The undersigned, members OF the special
committee to whom was referred the Sen
ate bill entitled IAN Act to provide Tor
calling a convention of the people OF North
Carolina" would respectfully recon meno
a favorable consideration OF said blll by
the General Assembly. z notice OF some
of the reasons, therefore, Will hot Do "eeA-
ed inappropriate.
The circumstances under whlch our
present State Constitution was formed and
adopted were such that eerlous errors ana
imnerfections were almost unavoidable
It was in a time of change and revolution,
of social and political chaos, CT conflicting
interests and opinions, and Of general de-
preston and Generalization. Troublesome
Questions respecting our Federal relations
and the rights of the races-quest,ons now
settled-then convulsed the public MIND.
The situation was peculiarly unfavorable
to the exercise of that sober wisdom SO
needful in framing a permanent organic
law for great State.
Our changed social condition, as we'll as
the requirements Of Congress. make 1t oo-
IioatorY on us to alter and remodel some
Of our old forms, admit new ideas, lnfuse
O. new spirit, and somewhat modify our
ancient customs and usages. This TACT we
all recognize; and all would have been sat
ISIacfOTY ]
tenn had simply made such changes in our
old poIity as were necessitated by our so
cial revolution and by the enactments OF
Congress. Then the sturdy old North
Carolina character and individuality would
have been preserved, and being reinvlgor-
ated. refreshed and made alive, would
have begun a noble development under
new auspices.
But the spirit of innovation carried our
Constitution makers far beyond theSneces-
stiles of the time and the wishes and re-
uuirements of the Federal authorities
Instead of pruning off dead branches and
grating fresh scions on, they uprooted the
tree and planted another in It's place. In
stead of modifying our system they de-
stroyed it, and imported a wholly novel
one Our present system is not native and
indigenous; it is exotic. 1t is not the pro-
duct of the staid, sober, sterling North
Carolina mind; it is the invention of ex-
perimenters not we'll acquainted with the
genius of our people. Under 1t we shall
never develop, as We ought to do, into a
grand, vigorous, new North Carolina, but
into an awkward caricature and feeble
imitation CT other State models. Our
growth, like that of g transplanted tree,
will be unhealthy, ungraceful and untru1t-
full.
A very large portion OF our citizens who
voted to ratify our present Constitution,
did not approve many of lis prominent
features. But we were In q dlsagreeable
and anomalous position. restoration of
the State to the Union, and relief from the
yoke Of military government were ar
IDENTIFY longed for. These happy results
were expected to follow a ratification of
the Constitution ; go, shutting their eyes
to its faults, stopping their ears to objec
Of
government to military, the ajority voted
to ratify it, with the general expectation
and intention of having it amended soon.
The necessity Of its amendment is now APP
parent to u very great majority Of the
people without respect to party or race
They desire Constitution moro ii con-
formitY with their circumstances and their
true spirit and character. The people of
North Carolina have always been distin-
guished for the simplicity of their tastes,
their frugality and economy, their honesty
and integrity, their scorn of empty pre-
tention, and their sturdy Independence
They ought to have a system Of internal
government in accord with these charac-
teristics and this they will have, if they
are permitted to come together and make
a government for themselves, the true
type and embodiment of their own genius,
instead of having government made for
them.
It is due our people TO declare, AID i'm
portant for our fellOw-citizens of tie whole
Union to understand, that the desire to
amend our Constitution proceeds from no
purpose or design to annul or abolish those
of it's features which guarantee the invio-
liability Of the Union, the equal rights of
the races, or any of the other legitimate
results OF the recent war, as embodied in
the Congressional plan of reconstruction.
All these are regarded here as settled
questions. The purpose is only to make
such amendments as will secure to the
State system of internal administration
that will be simpler, cheaper, more suit
able to our situation, and more efficient
in promoting the public peace, dispensing
public justice, and advancing the material
interests of the State.
The grandegt mistake in our existing
Constitution, and that which, Of itself,
would warrant the call Of Convention to
remedy it, is the change it has made in our
Judicial system. An efficient method for
dealing out cheap and impartial justice is
the very soul OF government. This we
once had in North Carolina. But that
splendid temple in which such men as
CASTOR and Ruffin ministered as high
priests, is in ruins. The people remember
and long for it again, like the captive Jews
longed for their ruined sanctuary. Shall
it not be rebuilt From all the land comes
up the response, it shall
Our present Judicial system is serv!le
copy Of that OF New York, State less like
ours than almost any other in the Union.
New York is densely populated, North
Carolina sparsely. New YorA is full of
large towns and cities, and her people are
extensively engaged in commercial and
maritime pursuits. North Carolina is an
agricultural State, with rural people,
The New York system was devised upon
model deemed suitable to dense, CONNER
cial community; and yet it is well known
that it was adopted there through an limo
waiting freak Of the Legislature of 184e,
without consulting the people, who, if they
had understood its true character before
it was fixed upon them, would probably
have frowned upon it. Many alterations
have been found needful in it there; still
there is great dissatisfaction with it, and
the desire for its total adjustment and a
return to the old ways, is becoming very
general, This costly, cumbersome, i'm