Wilmington journal., 1871-06-16
The Conxen,ion Q..s,toD-Judee Cant

The Convention o.. s'fOD-Jndse Cant
vel Letter.
TIE long ago. is over; and, once more.
the Conse rsatives If this section of Tie
State arc permitted to breathe ag ii. A
last Judge C4ntwell has spoken, as Judge
Cantwrll was expected 10 peak, and as
Judge Cantwell on can SPEAK. The lon
promised letter, in reply to Mr.. MoohE
copci1-ive argument al GU the COLventior
qnesi IN. has been gwen to the pub ic
aud ha4 had its d1, nee upon the pubic
mil d, wbe ther tha' fl ,epce be much or
Httir, or for good or evil. 1t IS al over
now, AID We ara left to take a calm survey
OF the tird and to sun mp the r. sui s.
We do 60 by quoting the familiar line from
Horace,
s.P Irt,sriu1at naontfS, m0scetur rj3icn'4S mas "
That We may t d the Judge III lstice,
We ublieh lis letter entire on our first
page. It appears to rs that the first ph't
of it, ifat VII C SET ms to have been mts
thoror ghly elaborated, is sntficiently an
swered by the very argum@ut TO which 1t
prof. s,ts to be a reply ; or perhaps W"
IN " better express our meaning by yine
tha, as d reply to Mr.. MoyRE's argumt Mt
it is a pronounced failure. 1t is an ab
ora'e, but qnite az i'm potent attempt 10
rrJve that The Legislature cannot author
iz9 the people to do that which the Consti-
tuition prohibits; but, iDasmnch as tie
Legislature doe4 not pros O,e to do aLy
thing of the kiud, and does DOT pretend,
npon qut stion involving the amendment
Of the fundant ntal law, that thes can exer
else over the peol le any authority what
ever, it seems to US that the judge
work is one Of tupererogatiOn entirely
de begs the question by discussing igsuos
wh ch the CONSERVATIVE party of North
Carolina have never made. H. puts up
bis own man of straw, after his OWL
fasbioo, and knocks him down at his OWL
plea ,ure. It would be improbable, there
foEe, to follow the argument rpon this
point, even if it posse, ST d Inherent merit,
and he'd n It been thrice answered already. !
But the Jndg9 at empts to bolster him
self in his position by copiuus extracts
tf"m the debates in the Convention OF
1885. purpo ting to show the opinions of
Mr.. MEAREs and Mr.. GAsToN upon ".bi>
very ciau e." as he expresses it, of the
present Constitution (Which was derived
feom the old @, nstltution," that is to say
the clause which provides that mo Con
v9nticn of the people sh all be called By the
Gsnss'dI Assembly On ess by the concur
renee of two thirds Of all the men bers of
each House of the Gen ersl Assembly," 1t
10 TO this part of his letter that We direct
especial attention to day. We think that
the Judge has dealt most unfairly with
his readers. We assert, most emphati-
cal y. that "this very claus9" of the Con
stitution was not the snt ject of discussion
in the debates from achich he quotes. We
assert further t1At the Judge Ii As not only
Q 'nveyed an erIon soas Impression Of the
subj ct Of debate, but be has go trauspos-
ed h9 several speech. which he quotes,
and garbled one OF III m, at leas, as f.
give them a meaning which wa not in
tend by their auth rs, ard an applira-
tlon which Is not warranted by the eahte
text Of the speeches the N selves. And we
q even more than this We assert hutI
The Judge has GEAR q fdsif,d the record -
We do uUt charge taat this was WI fun7
doLe-Re hoI 9 not-but we caunUt oith-
b Did the expires ion of our a,touishmt Mt /
that it Was me at all. because the c1ar-
acte' of his ltt'r Gle iriy aht ws that the re-
cord must h,.re been open b fore him as lie ,
qcS'ots.
Referring TO the Ju 7ge's letter, it will
be seen ii a. he gives two tx ractk N ,
speeches Mr.. MEARE. aud be has SO !
conpied ia M ge,her as to /. ave the i'm .
preseio0 lha' the. were taken from diff .
ent parts of al and the me spec ch n, oa
one and the same sntj CT but the tru l.
that shey were taken fcom two diff Mt
eeches, delivered on two dIfferel occa. .
stems. upon two entirely diff rent Or. posi- ;
lions.
He gives them, too. rs the close of the },
J. bate, al d be stItts oi tao ~ that the
oeDdiEg question was " on the passage of
b S very claus, the third and last time - ;,
re er.iDg to the Clause in the Couetitu- T
lou as Il now stands. The tru is tue -,
econd extract Is no,hipg more nor less ),
han proL osiflon In itself, which was of ;,
e erred at the very opening Uf the debate, =,
nd whlcb, of Itself, was the cause and the :.
inject OF he dFbate while the spec ch, :.
rom ~hich the first extract was taken. vas -
ellVered two days before, not upon this r.
.ry clause nor anything like IT. but upou ..
Erobost'to'a 10 grant the fo,O:r and h4
'9h1 of dnae'adt"g fhe COhst4 tui N to a b1re =,
|qjo14y V' nhs Ge"erd assembly. lhe
hiding question was The fol o aing propo T.
tion fIom the report of the Select Com -
Iittee. debates in Convention, .. 345.) =
nat whenever q msj 1rity of the whole mum th
y OF each House OF the Gener Il Assemh y shall -
ion ,h ,hhsSessary to a ter or amend This Oonssi tn
] .1on, snet may propose such a!teratious or M
q moments to the pc pc. ard ,ha Govsrnor CO
au, DJ proc am Ation. lay the cane be ore III. LAT
opi@ six months before the ensuing aIec> I'm f,r
In 'eTs of the G-n7raI Assembly,: - ;s,ha,nn Qe
'u1.s III oor1s or tne :ene al thus sIeoted pile
1st n d9snts proposed, the s-m, shall b. subs jec
TIED 70 the pc" pie, for their ratdcatiou or "a
,aon' @ ana II rAunsd by m 'rlty, shall be-