Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1871-06-02


tion +; but the qut stion Las been asked, Of
| what use then is section l of article 13
| The same question was presented IN the
| convention of 1885, and was answered by
| Mr.. CASTOR, in substance, That the au
thority conferred in that section was not
intended tc limit the power OF TIE people to
| call convention, by their vo es in pnrsu-
| ance of law passed for that purpose, but to
| allow the legislature. tco. to call con-
| vention whenever two thirds of all the
members of each house should concur 30 to
| do. 1t was then deemed true, aud we
may assume it to be true at all times, that
whtnever eighty members Of a house OF
| one hundred and twenty. aud thirty four
members OF house of fifty, all elected
| upon the basis OF numbers and fresh from
the people, shall concur IN voting for a
convention of the people, the vote will be
| in full accordance with the popular will.
| With the overwhelming proof Of this will
which such majorities of the reprs senta-
| tives Of the people would exhibit, it would
be- manifestly, slperavus and peed!ess
| wJrk to ask Of the people whether they
| wanted q convention. Common sem e
| teaches us that it should be called at once
| by he peoples representatives..
| Tue manifest difference between the two
mode is, tnat in the fOrmt r case the people
determine for themselves, ss they have a
! right to do even in doubtful cases, their
will whether they desire a convention.-
In the latter case that will is presumed to
have ca fully determined by the election
| of members and the Legislature pro-
claims it and proceeds at once to provide
the meaDs of giving it effect
| In this light section l of article IL was
viewed by the convention of 1885. Ii, as
argued by some. this section was intended
to deprive 80 900 voters of the privilege
of changing their constitution because
n oE NJ olo n
not consent, then tue government is an
oligerchy, both in form and practice, and
the fervid declarations scattered through
out the Declaration of Rights, ''that al
men are created equal; ;" that call political
power is vested in and derived from the
people ;" that call government is founded
upon their will only ;" that 'they have
regulating the government ;" ''of altering
and abolishing their constitution aud form
of government - that ''all elections ought
| to be free - that 'nO property quallilca-
tion ought to ats c5 the right to vote or
hold office all-all of them are but beau
tiful fower', strewn by the hand OF the
artful demagogue, over the tomb Of popu-
lar rights.
Although it be true, in contemplation OF
the constitution. that the members of each
house are presumed to represent the views
of their constituents. it would be unwise
to conclude, therefore, that whenever q
bare majority Of the representatives may
desire convention, the peop desire one
also, and call it without consulting them
because experience has often taught lis
that a majority of party representatives
may be elected by minority of the whole
number of voters Hence it would be un-
wise to allow a mere majority of the mem
bers of q legislahnre-Or even concurrent
mere ma iorities of both houses-tO call q
h11t nj kha n
the present constitution forbids all idea
that any grievance can result from the
peoples being allowed to vote whether
they desire a convention. For, If the rep
resentatives should, at any time, be remsl
in preparing the means in exercising this
right. the people are ingiteda t0r aber ta commor
, good, to instruct their representatives anC
apply to the legislature for redress OF gr1eV
ances :" nnd We are, moreover, assured
that to aid the people in this, 'elect1on
should be often held" Conventions au
! thoriz5d by law, and Instructed by tho law
apder which they assemble to make specl
, tic changes in the consultation, have no
table aud recognized precedent III thl
l state It was wrong to suppose that an.
: true lover of liberty will depart from sucl
Instructions aud seek to make any hxe'
: law without the full popular sanction Mr.
: CASTOR, in the convention of 1885, expires
"Accordiog TO Ghe,theory of our govern
J. nent, al political power was derived iron
a the people, and when they choose to max
l.: q grant of power, that tbs Y might m axe
II nlenary or a res s,ricted grant, might CIV
) it all or in pa1t The Legislature by tn
le act proposed to the people convention
= with powers, restrlc lois and hmhatloD
r set forth in the ac. L. was as it came fl OF
IA the Legislature, no more than propos
N ton or tecomm 4nduti N. 1t mast orlgl
nate somewhere; with n,b 'dy could
'o have originated with so much ptoprle5y
III in that which represented tae p7op:e 10
leejslative purposes. The propositlcn ha
ing bet II sauctlOned, 1t became an &C.
)r tie Dauple; but it has been sanctlO ne
J. nreci civ as it was propo 5ed. Such A co
Le yenticn as is prop, In the act OF assen
lie bGy. aud n other, has be n called; III
- therefore, that ct, s sancuj jned, mus
ne regarded s our power OF att'rnev, :!
y ,raf s.end the limits or refuse obedlen'
Il to the con1 ons herein provided, We a
." cot the convention called by the Peep!
hut a s,-If-c ,nstltu i BODY.
ga In no.rson, desire to say, that l co
ed al ,Ug.nl lorse the provision iu our cons
oy tn.iou, that the right to change the CO
e ~titotion 'should be exerel.ed IN purs
H. anca of law;" Hn1 KS the Legislative pos
lis is vested IN the general Assem- BY IL
as BODY alone has the unques'loned power
make law whereby tAe Peop'0 AoJ
1es else their ''inherent, sole, and exclnsl
s'i right to alter and abolish their consilt
I's ton"
nd am, respectfully, yours,
up b. f. MooRE
my .. -
e9 vcureus, ruler Of -parta. charmed with
ION be nj and great of his oliticsl estabil
- lnent became desisous to make 1t lmm 'rtsl ta
tu- 4 liyerit dowA to the latest times. Fer TINS
7ie- no-e he assembled ths people and took an o
2 os all the officers aud citizens; that they We
a. not at,e- but won abid, by the existing es
| ,isbmet,t till be shou return from Del
eh' Viii her he then going. Hi.h the secret
for .ose of pever returning. lie never return
his hnt the citizens diareg arded the upjust i'm D
tn ton. No cane man ever questioned their
e aa to do
aud Tn. Dangers from steam Boilers
that The bursting of the boiler of the Al
agal steam fire engine yesterday morning
be he sad calamity that overlook Mr. ~
10Th yer. has once m ore aroused the peopss
fteY | - ;tv- RI a sanse of the danger to Wi