Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1871-07-21

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The Objections TO a OBSERVATION-DISCLOSURES
Jarvis.
In continuation OF the admirable speech
of Speake JARVIS, We give that portion
this morning which answers the objections
urged to the holding of a Convention. The
rights of the olored citizens, the home
steads and the expense attending the Con-
vention, are in turn treated in mastery
manner. The questions discussed are
practical ones. and the facts and figures
adduced cannot be gainsaid by the oppo-
nents OF the measure. We hope those who
fear the loss Of homesteads and dread the
expense attending the Convention will
read this portion of the speech :
There is class of persons among Us that
object to Convention called in any man
ner. They are generally Office holders or
the friends of Office holders. The assigned
reasons for Directing to Convention, as
I have heard them from time to time given
upon this floor, may be fairly stated as fol-
lows The observation-disclosures say :
1st. a Convention Will endapger the
c0lored man.
"a. A Convention will put the home
stead OF the poor man in peril.
3rd A Convention will be expensive
These three, believe, comprise the on
~ objections l have heard urged against
Convention, and these I propose to answer
in the order in which have stated them.
1st. If L succeeded il showing you in
the opening Of my speech that there is such
a thing as practically restricted Conven-
ton, and that the proposed Convention
will be such q one, then it will be suf1i-
cicnt for me to say that the Convention Will
be forbidden by the people, ifcalled, from
interfering In any manner with the rights
of the colored man as now fixed by law
But will go further and state emphati-
cally that if the Convention to be called
was unrestricted. and if the Convention
desired to deprive the colored man OF his
rights, it could not do it. for the reason
that he is not dependent for his rights up
on the Constitution of this or any other
| State. HIS rights as free man, citizen
and voter are secured to him by the Con
stitution of the United States, over which
no State Convention can have any sort of
control.
%. The second objection thego gen
tlemen urge ia that the homestead will be
greatly endangered by tho assembling Of
Convention. II any man really has any
| fear about his Homestead being in danger
from Convention these fears ought to be
allayed, If he be q reasonable man, when
he remembers that before any delegate can
take his seat in that Convention he must
swear that he will not, either directly or
indirectly, "Offer Or propose any amend
ment to, or alteration of, or in enyWise in
terfere with, repeal or modify the home
stead and personal property exemptions
as provided for in article X of the Oonsti
tuition of this State" Can not and will
not the people of North Carolina cleo. del
egates to the Convention who will faith
fully keep his oath Ifthey do, the home
stead is in no danger. But if any delegate
should so far forget himself and the con-
fidence reposed in him as to interfere with
the homestead, the work of the Conven-
ton must be submitted to the people and
be by them ratified before it has any bind
ing force or effect. So that if the Conven-
ton does not protect them they have am
pie opportunity to protect themselves.
1t is, however. suggested by Mr.. Phil |
lips. that while the Convention cannot in
terfere with the HOMESTEAD, it will turn
out the present judges and put in O set |
that will reverse the decision made by the |
present Supreme Court Judges on the |
homestead question. l will not undertake
to say how in3ge will decide any ques-
ton that may be brought before him a |
year hence. But this 1 will say. It has
always been the policy of our courts to |
stand by what has been decided. Follow
ing this time-honored principle. it is my
opinion that you could not put a set of |
judges upon the bench that would disturb /
the present decision. But is it true that |
the people are dependent for their home
steads upon the judicial life of Associate
Justices Rodman, Dick, Reade AMI Settle?
for that is substantially the suggestion. If
ha hat Il
the people to-day hold their homesteads
The winged messenger of death has but to
clip "the brittle thread of life" and the
homesteads Of the people are gone. List
a seat in the United States Senate or the
of foreign mission or some
other good paying place, but entice two of
these judges from the bench and if the
suggestions of the gentleman from Wake,
MIR. Phillips, be true, farewell to home
sseads' And in fast, if the argument OF
the gentleman proves anything il proves
too much for him; for, by the Constitution
Itself, as 1t Is, the term of office OF these
Judges expires in 1876, and, if the gentle
man be correct, when they 60 out of their
office the people 60 Oat of their homes.-I
His suggestion is the merest claptrap.-I
There is nothing in it," The people
hold their homesteads by no such uncer-
tain tenure. Tbs homestead law of this
OL0GO 40 hA dCC6kNcu 16CGs hpp1OFOU
he great body Of our people, The very
men who are most active to eeslre q Con-
7ention are the representatives of the
men most interested in homesteads, for {
hey are the persons that own them. Is it ]
reasonable to suppose that these men
you'd do anything to insure themselves ?
certainly not. The man who undertakes
10 overturn the homestead laws of this {
state will go down in utter failure. Why, !
'lr, as much as the gentleman himself diff !
ered with the Supreme Court in its de-
,lslon upon the homestead, would not
ear to trust him on the bench. He would q
not dare to undertake to reverse the de-
,ision. He would say the case has been T.,
lecided, and it is better TO stand by it.
No, sir, the homesteads are in no sort of
danger from o Convention. But will tell (
you from what quarter danger may be ex-ll