Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1871-03-24

ceInine an Act Providing for a COnven.
zion Of the People Introduced by mr.
Ashe, OF New Hanover
WHEREAS, The existing Constitution of
this State was under the peculiar circum-
| stances of the times, framed in haste and
without due consideration for the welfare
OF the people, and contains many glaring
Inconsistencies and various provisions that
are grieviously oppressive and burdensome
to the citizen 81.
And echereas. 1t is apparent that said
Constitution instead of fpromoting the hap
plness of our people, operates to check
| their prosperity, TO destroy their sub
| stance, to impair their energies and 10 en-
tail upon them grievances too intolerabIe
to tO borne by freemen.
And tcheredS. This General Assembly,
moved by considerations of the highest
patriotism and seeking only to afford re
lief to our oppressed neighbors and coun-
trymen, and in obedience to the wishes of
the people that Convention might be
had with power to modify the harsh pro-
visions of the Constitution and to make
such alterations therein as the necessities
and the situation of our people demand,
did pass an Act entitled ''an Act concern
ing Convention of the people, ratified
the 0th day of February, 1871, wherein it
was submitted to the electors of this State
should assemble.
And aUheTedS, His ExceIlency, the Gov
ernor, has informed this General Assem-.
bly, under date CT February 18th, 1871,
" that he would not discharge the duties
required of him by said Act" alleging as
his reason therefor, "that he deems the
Act aforesaid unconstitutional and claim
ing that the duties therein enioined upon
him are not obligatory "because the pro-
| nnSo6 pnoHa of nrnvi11nV
Of the people is novel and irregular, and
has 10 express warrant or authority by
| any provision Of the Constitution and is
sustained only by a alatitudinous and strain-
| ed Interpretation of O general phrase of
that instrument" and because the same
| Constitutional question has been hereto
fore determined by the action of other po-
litical bodies in this State" and further
because in the opinion of the Executive,
Congress. by accepting our Constitution,
made an agreement that said Constitution
should be amended only under the provi-
sions of the 18th Article of that instru-
ment."
NOaO therefore be ii qesozved by this Gen
eraL assembly, That the action of His Elk
| cellency in prenouncing an act of this Gen
eral Assembly unconstitutional, aud in de-
| claring that he will not execute the same
is usurpatiOn of power, and is an assump
IlOu ia uOb ECCORuIH60L HIS I'LL
neXed TO his office. and is in violation oi
his oath of Office.
ReSOlUeQ, That so much of the COM
munication of his Excellency as suggests
that "our people are praying every day
and hour of their lives that they may
never see again the scenes of comm otion,
strife, bitterness and bIoOdshed through
which they have SO recently passed; and
| that there Is no prevailing reason why
they should again buckle on their sabres,
| shoulder their muskets, and at the point
of their bayonets and at the mouth OF
t1'"i- cannon nnfnrce their views of what
ought tC be the constitution urO- 4ha,r
dissenting neighbors,' whereby his Excel
lency intimates and seeks to create an i'm
preston that he would by force and arms
prevent the good and Iaw-abiding peo-
| pie of this commonwealth from amend.
| ing their Constitution IN q peaceable
and constitutional manner, is regarded by
this Assembly as very extraordinary Ian
guage to be used by the Governor of this
State; and is unwarranted by the occasion,
and unbecoming in an officer Of bis exalted
position, and has tendency to bring the
executive Office into contempt and dibre.
pute; that this General Assembly knows
well that his Excellency dare not resort to
strife to thwart the will of the people oi
the State that even if the Executive had
should be inst;gated by evil passions to
attempt by force and violence to prevent
the freemen of North Carolina from exer-
cising their dearest rights, yet he would
be pOwerless to accomplish aught against
the established government OF the State.
But this Assembly, while it reprobatef
such threats and such an indecorous OK.
hibition Of the Governors irritation a.
the idea of the peoples assembling
St1f fhnir to mud OF l1ia aRkx
friends out OF the high offices they
hold, cannot do otherwise than suppose
that his ExcelIency has used the said Ian
guage without due consideration, for il il
not to be credited that at this era in the
history of America any North Carolinia1
would attempt treason for the sole purpose
of retaining the spoils of Office among hi
party associates.
Resozued Further, That decent respec
for the opinions of others induces thi!
General Assembly to state, In refutatior
of the assumptions of the Executive:
That the Hon. David L. Swain, Govern
or of North Carolina, did. i'll his message
to the General Assembly on the 18th day
of November, 1884 recommend that
convention of the people should be as
sembled to amend the Constitution, and
discussing the question rs to how tina
convention should be called, said: with
OuC eULeIADB lAbO any loEudL HehsoAlbe
upon the subject, however, or even look
ing abroad for authority, it is believed tha
the argument may be safely rested upor
the precedents which have come
down to. US clothed with tht
sanction Of the trainers of tht
Constitution and of the ttco successive Con
uerations to which it has been submitted fo
amendment
III eoiU not be c0ntended Mat tie COnstit,S
ton can not be amended or entirely d5To-
gated and q neto system adopted bylhe sam
p0uer, exercised IN the same manner, qcticj
qaue existence to the former" And again
s'Without pursuing the discussion further
the conclusion may be fairly drawn tha
Legislative recommendation to the peopl
to select Convention, clothed with auth
ority to exercise the highest duties 0
legislation, is in strict accordance will
! first principles and in precise conformii,
to all the precedents afforded by our his
. tory. It is not considered necessary Il
enquire intothe validity Of other mode
which have been suggested as proper Il
, effect this object, because tho one pro
posed is entirely adequate to the end il
view, and has twice received the unani
, nous sanction of the founders of the gov.