The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-08-01
tons OF members OF the LEGISLATURE requires tnon
10 levy under the present constitution.



20 oe Made in the judiciary, Court and
County systems-Nothina Affecting National
Issnes In the CHmpaixn-sufirn&e and the
Paw lent Of Taxes-Ihe Radical Office.
holters the Only Opponents of "a C0nven-
ion-Fsd raj Interference Not Appre-
Misunderstanding Revolutionary in the Con-
veBtiYn.
WHITE SuLPuuR SPRINGS
Greenorier county, West Va, July 2s 1871. I
This beautiful watering place. the former Mecca OF
the arlstocracy and beauty OF the South, but now
rapidly becoming the annual summer meeting place
OF polc ans OF Inc North and South. presents this
year It's usual gay appearance, tempered by that air
OF lazy independence and perfect soeiaity so cha
racterstic Of The place. There are now here many
| prominent men OF both North and South. ana the
PROBABILITY Is that before many days have passed
senator Hendricks, Governor Randolph OF New Jer-
| sey; Generals Beauregard Joseph T. Johnston and
John 9. Brecknridge Will be among the number of
guests. Among the southern pot clans now here
Is Ex-Governor Thomas Bragg, OF North Carolina, a
representative man Of his State and with the obiec.
OF obta ming his views the subject OF the proposed
constitutional Convention l called upon him this
morning. The Governor Is located in that charming
portion OF the Springs known as PARADISE row."
and though indlsposed he received me very cour.
teously, and willingly gave me all the Information
required. The campaign IN North Carolina on the
convention SUBJECT Is now raging with all the In
tensty OF
FEELING AND EXCITEMENT
that political could engender The election
which Will decide whether thar body shall meet or
NOT VIII be held on the first Thursday in August the
Sd proximo and 1t has attracted an unusual degree
OF attention, especially Of the republican press,
throughout the country. Governor Bragg, besides
being now recognized as the leading member of the
bar In his state Is en- rman OF the State Democratic
Executive Committee, and is also candidate OF the
conservative party IN the county OF Wake Tor the
Coaventlon IL Is charged by the IA deal party and
It's press that the intent OF the cow entonists
Abolish the homestead clause, abrldge the suffrage
OF the cOlOred race and regulate the debt
Governor, what are the real objects Of this con.
veltiOn p' asked.
be revOlut onary but the real purpose Is TO ger rid
OF the Objectionable features OF the constitution
when was framed by carIet-baggers and ignorant
c0ored people, ana which Is not suited to our pres.
ent condition. IL Is generally conceded by q large
majority vi our people that many ObjeCtiOnu IL
changes have been maue III the new CONSTITUTION
Whcn do not suit them. The OhcenOlders are on.
posed 10 the holding Of the convention, because &c
Will II the movement be successful, remove them
from 0hice. The principal power is at present in
their hands for the Judges hold their places long
terms, the Governor Tor four years, the shers iOr
1our years. ana the other officers Tor various terms.
Others tnan the o IicehUders are opposed because
they claim that iG would be unconstitutional. side
Issue which Is important Is this:-The present con-
sttntOn provides that there snail be d homestead
exemption Of 1000 on real estate and S5JO on per.
SOCIAL estate. There Is question as to Its validity
against existing debts, many claiming that 1t Is
aV;unst the constitutional law OF the land, proy,d.
ing that no Stale has right by law to impair the
Obligations OF existing contracts. But 1t was de-
cided by The Supreme Court OF the State. contrary
no DOUBT to the opinion OF two-tnirds OF the Bar OF
the State, that the homestead exemption, was not
unconstitutional. The Convention il opposed by
those VINO uphold this decision, who say That the
Convention VIII reorganlze The government, elect
new judges, VINO Will decide differently and in This
manner they try to affect the minds those people
IN deot and who are but too willing to csc ape
through the means OF the homestead exemption"
Are you satisfied, Governor, Is to the Legality Of
this new call fora Conventions"
"Perec.y So Sir. The ablest lawyers in the
State are satisfied as to It's legality; Under the
a convention. One by vote OF twO.thirds and
tnree-f tins Of TWO Legislatures respectively, IN
when case the amendments adopted are not
needed 10 be submitted TO the people; and the
second ty vote OF ,wothirdso OF the TIVE houses Of
the Legislature, In which case tne amendments
must he submitted 10 Inc people for ratification or
Ieecuon. The over by which this election is neld
Is granted by a large majority OF the Legi Iature
though not by twOthIrd vote. Its Legality is sup.
ported by all precedents, although not under tile
express provisions OF the constitution Ihe people
are the
SOURCE OF ALL POWER
ana, accorGlng 10 precedens IN many States and the
times 10 amend their organic law. The power js |
implied rom tue Iundamente. ;;Ii;rsc OF an con.
stitutiops tnat me Svpe vested with the power
OF the States. The vote will be first as 10 the
calling OF the Convention. anu, second. upon the
names OF the candidates. The eeC ton of the lnd
dates Will, OF course, amount to nothing unless the
Convention IS authorized 10y majority OF the votes
"what do You think Of the policy OF calling this
Would 1t not have cecn better for the
interests VI the conservative party In the opinion Of
camer minds, 70 nave postponed 1t untll alter the
Presidential campaign ~
Tine Convention Is, think, to be approved Of
from wake county, therefore will be unable to at
tend. There should be u total chanUe LII our gov
by the people for long Term OF Years They should
be chosen by the Legislature. The Iudgeshps now
are mostly filed by incompetent mel, and often by
men VI
LITTLE CHARACTER.
In any event, however, this cannot be remeded
time. Inc entire court system has been changed,
am experience has proven to no purpose for the
pensve. Tue blending OF jurisdiction IN civn and
criminal causes has proven inefficient. We
want but Two courts-the Superior and Su-
We nave now miserable system OF County
Courts Costs have accumulated enormously. and
IL IL almost iulnouS to go TO law. IL was commended
that ~ tie increase oil the number OF cOut Is there
would be corresponding reduction OF costs. but 1t
has been proven to the contrary All distinction be.
tween law and equity has been abo,Ished and there
Is vast deal OF litigation TO determine modes OF
must be changed. Our county government system
must also be changed. BY the present Subdivisions
GERS has been created involving enormous aud uIl
expense his system might De very
suitable Tor population much more dense than
ours but our state Is much too sparsely populated
or It's efficient working The changes nave SPOKEN
II are the only material ones contemplated. As TO
Presidential election ttere Is difference of opinion.
ne oiice-hOders and republican press will certainly
ry 10 make 1t appear that this IS
ENDEAyOR AT REVOLUTION,
md In this way make use OF 1t in the Presidential
They VIII also possibly refuse To OBEY
ne viii OF the people ana have threatened TO cali
or interference OF tile general government. do
Ct thnk, however that tins Will AFFECT The pros
ects Of either party one way or the other In the
ational campaign"
Would the new constitution probably empody
nv important changes In the suffrage laws Of The
tate ~ r
IL certainly tnink NOT. Possibly the question OF
r. partial suffrage might he raised but dOuOt Il
xceedngly. II mooteu IT would he entirely with
u. effect. There Will be no attempt Whatever 10
liererc In the matter OF universal suffrage. Inc
eoplt have atouicsced thoroughly IN this long ago.
nd are almost UNANIMOUSLY In favor Of the new i
epar ure.' THINK pi DIVISION requiring every
iaG to pay his taxes before voting would lie good;
~ do not think that even thus will be thought Of
NJ that universal suffrage Will be allowed to con.
nue. a. 1t L." I
From what source Is the greatest resistance to l
ne calling OF the convention to De expectedYr
'FrOm the oflce-holders and ultra radicals. The
n utp en- q xvi,n |