The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1871-07-27

TIE STRUGGLE IN NORTH CAROLINA.-There
is now gotng on in one of the States of the
Union struggle, which has not yet attracted
general attention. but which may very easily
have the most serious and even lamentable
consequences. The North Carolina Legisla-
ture, at its last session, assumed 10 pass bill
vention. This election occurs on the third of
next month, and both parties are working des-
perately to secure a majority of the delegates.
The assembling of this convention is DEM
ocratic measure, although some Democrats dis
approved of and opposed it. The main object.
according to the Republicans, is to make a
clean sweep of the present judiciary. Before
the war, all judges and justices of the peace
were chosen by the Legislature. This body is
at present Democratic, and the intention is to
charge it with electing new set of judges,
with life tenure, who shall be sound on the
goose; that is, prepared to nullify, SO far as in
their power, all the reconstruction acts. Sim
ilarly, the Legislature is to be empower ed to
elect justices, from the county election boards
will be made up. 1t will be readily seen that
this scheme, if successful, would give the De-
mocracy a long lease of power, and make any
attempt to wrench the State from their hands
all but hopeless from the start. 1t is not strange
therefore, that the canvass is bitter one.
Mixed up in it, or rather growing out of it,
is an interesting question of Constitutional law.
In the present Constitution, (adopted in 1869
there is clause to this effect:
$50 part of the Constition of this State shall
be altered. unless bill for that purpose shall
have passed the Legislature by a three fifths
majority of all the members, and shall have
been published six months previously to new
election OF members, and shall have again
passed the Legislature next succeeding such
election, by twO-thirds majority OF all the
members, nor unless the amendments so pro-
posed shall have been finally submitted to the
electors, and shall have been approved by a
majority of those voting"
The bill purportng to order Constitutional
Convention was passed by bare majority
vote, and hence the leading Republican, papers
of the State insist that it is of no more value
than so much waste paper; that the conven-
ton, if it assemblies, will be an illegal body
and that any attempt on its part to NEEDLE
with the existing Government will be a revo-
lutionary usurpation, to be resisted by the ex-
eoutive, and if persevered in, to be repressed
and punished by the general government.
We trust the result of the pending contest
in North Carolina will be such that the aues-
tion of constitutionality involved will have no
practical inheritance The Republicans as we
said, are working hard. Their ablest writers
and speakers are putting in their best blows.
The Ku-Klux are frightened by the recent ar
rests, and have quieted down wonderfully 1t
is expected that many Democrats will vote
with the Republicans; some because they fear
the convention, if Democratic, would repeal
the homestead clauses of the Constitution
more because they dread another military &C.
cupaton of the State 1t is to be hoped on ev-
cry account that this expectation may be real
lied, and the convention project defeated. A
fresh interposition of federal authority, and a
beginning over again of reconstruction would
be even a greater calamity to the country at
large shan to North Carolina