The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-08-05
The North Carolina Convention Question
A Serious Matter.

Serious Matter.
The late election in North Carolina, on the
question of calling convention to make GER
tain amendments to the State constitution, has,
from the returns, resulted in popular majority
in favor of such convention. Under ordinary
circumstances this would be an end of the
controversy touching such convention; but
this North Carolina case is surrounded by
such extraordinary circumstances that, with
the popular vote in favor of the convention,
it is apprehended that the real trouble con-
corning it will probably lead to the interview
ton of the United States army, under the
authority of the President, to maintain the
State constitution as it is, being the constitu-
ton accepted by Congress in the reconstruct
ton of the State.
This election for convention to remodel
the constitution was called by the late demo-
cratic Legislature. Having, through the bun
Cling Encouragement of the carpet-baggers
taken away from the republicans the popular
vote of the State, the democrats in this move
ment have simply undertaken so to revise
the existing constitution as to secure them
in the possession Of the State as far as
possible. Some two years ago, with a
split of the republican party Of Tennessee
upon two candidates for Governor, the demo-
Gratis got possession of the Legislature, and
instanter called convention to revise the
State constitution, and in that convention
they so revised as to cast the republican party
out of the water high and dry; and there they
are to-day. This is the game which the late
democratic Legislature of North Carolina init
ated in calling for this election for consti-
tutional convention. But the republicans say
that this proceeding is revolutionary, mas
much as the existing State constitution,
adopted in 1868, prohibits the calling of con-
vention to change il inside of ten years from
the date Of its ratification by the people and
its acceptance by Congress. 1t is also alleged
that the act providing for the convention was
not adopted by the legal vote required of the
Legislature.
The republicans, therefore, although they
went into the election in the hope of quashing
the convention by the popular vote, deny the
constitutionalty of the whole movement, and
boldly declare it to be their purpose to stand
their ground by the existing State government,
come what may. If the democrats, then,
through this constitutional convention elected,
90 on with their proposed work Of so anne nd
ing the State charter as to clear out the pres
ent republican Governor, State judges, &C.,
there m ay be conflict of jurisdiction between
the two parties in the State which may bring
in the President, with the United States army,
to settle il.
From all that we can hear the republicans
of North Carolina appear to be confident of
this Intervention Of the President when called
upon. IL may be said, too, that il the people
of North Carolina, in the ratification of their
present constitution, ratified an engagement
that they would not disturb this constitution
for ten years, they are bound by the bargain.
In support of this opinion it may be said that
the people of the several States, in forming the
constitution of the United States, are bound by
certain conditions, engagements, and restrc-
tons, even in amending the constitution, which
they cannot escape. For instance, if three
fourths, lacking only one, of all the State legis
latures, and including all the larger States,
ratify a constitutional amendment, each unani.
mously, and onc-fourth and one over of the
smaller States, by a bare legislative majority
in each case, reject said amendment, il is lost.
We say il is lost under this constitution, al
though nine -tenths Of the popular vote Of the
Union may have been cast in favor of the
amendment and only one-tenth against it.
IL l. -
North Carolina have bound themselves in their
present State constitution not to touch il with
in ten years from its adoption, the democrats,
in now undertaking to revise II to suit their
party purposes, will have pretty rough road
" travel. for the supreme Law Of the State