Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1871-05-26
UF THE CENTRAL EXECU
TIVE COMMITTEE.
T,ho peo,,Ie of North Ct.roZian:

people hC this Lln01 upon HattoIo vi grave
public concern, and they venture to trust
that what they say will receive the candid
consideration of every citizen.
The Legislature at IS late ssGsiOn made
provision by which to enable the pe ople of
the State on the first Thursday in August
next, by popular vote, to call Convention
and elect delegates to the same, for the
purpose of amending the State Constitu
ton. The proprieiy and wisdom of this
action cannot be seriously Questioned
when we consider the causes that gave lise
to it.
The defects in the present Constitution
arr s, many and so mantle, it, that almost
every person of ordinary intelligence,
without reference to party affiliations, con
Q edesss hat it nee DIS 10 be materially altered
and amended.
The org anic law Of State should be
50 plain, pr, else, Harmonious and Logical
in its form and rms as that the plainest
mind may understand il, and as to leave
AS little as possible to inference and legis-
lative and judicial constructor. 1t is in
tended and ought 10 be the bulEark of the
peoples righ's and liberties. 70 the ex-
tent that any # It's provisions are left to
inference or constructions, to that extent
are the rights Of the people and often
their most valuable right, left to the whlm
and caprice of their Executive, Jadlcial
and Legislative Ctficers-moved sometimes
by the voice and influence Of arty zeal
and strife, at others, by corrupt col sldera
tons, and yet others by ignorance and stu
dity.
| Our present Constitution is hagrautly
il able to such ELECTIONS i: is loose, iilOg;-
cal, contradictory ard Absurd in III any Of
its most material provisions, SO mach 50
that wise and leaned lawyer has said Of
it, upon his sworn opinion, that it sis a
medley of corfueions and contra Affections. u
The compass of this address will not ailo W
us to cite but one or two illu>t atoms OF
the truth Of what we say.
The Constitution requires in one section
that the Legislature snail provide by ade-
quate taxation for the payment Of the 10
terest on the public q, bt and the debt
Itself. In another section 1t pl DIVIDES that
the capitatiOn tax shall not exceed two
dollars on the head for State and county
purposes, aud that lhe tax on three h,ue-
dred dollars worth Of property shall not
exceed the tax Oh the head If these pro
visions are to be taken according to their
terms and any reasonable Construction, AN
lmpossibility is required, because at such
rates of taxation, the Whole property Of
the State, together tn the capltation tax Z,
is not sufficient to raise revenue sufficient
to pay the interest Of the public debt
recognized by the very Convention that
the ordinary expenses of government.
Because # this absurdity, our Supreme
Court have held that the last provision
above mentioned did not Apply to the
debt of the Safe AS it existed at the adop-
ton Of the Constitution. The Court was
obliged to make some decision they made
this, and thus virtually na1de che of the
most important provisions in thu Coz 81
tuition, whlcl tnrns the Legislature loose
on the people.
Another stc'ion provides that tho Sd
psrior Courts of the State shall be at all
times open for the tran. ;tion OF all bust
ness within their Jurisdiction, except the
trial OF lssnss If fact requiring jury.
Another section PrvIi!eS 1Or twelve Su-
lp9rior Court JUICES. each Of them for a
circuit embracing about eight counties
so that it physically impossible to ktei,
the courts Optn. uLl-:s The Judge shall
have deputies a. uuhs ard f thinS in al!
s. stems of jHdic&ture, aud n provision ia
made for tuch dt patits
This alb .urdity had t. be met, and the
Supreme Court vas driven to t -cCn struc-
ton, which virtually strike out material
provision of the CODsti ution and one that
lies at tie root of our present ludici,l sys
tenn. While the Superior Courts are re-
lqnired by the Constitution to be open at
oil times for all business. except the trial OF
issues of fact by jury, an acs of the Leg
iAatnrc providing that certain business,
which is really the larger and more i'm
portAnt part Of the business of the Supe ri
or Courts, shall be transacted only at the
semi annual terms, is held by our Supreme
Court to be valid anil to harmonize with
1.-THE Constitution.
These are but examples of the contra
dtctions and absardities that abound in
the Cons titution. SO great are the diff
culties that arise in the practical wo1 K nQ
of the judicial system inaugurated uuder
the Conktitution that i is hot surprising
that there is to he found in the recent de
c:siOn of the Supreme Court a distinct
recognition OF the necessity of 'JudiciaL
legislation"-a doctrine hitherto unheard
Of in the jurisprudence of the State, and
one that seems to US at variance with the
theory of republic II government in which
the functions of the Executive, Judicial
and Legislative departments are supposed
to be distinct and separate.
1t Is not thee years since the new con-
stttulon went into opt ration, yet many
suits have alfea ~ been brought and prose
| cuted through the several courts with much
expense. TO ascertain the rightG of the citi-
zen uuder its conflicting provisions; and
we have Sc en- the Supreme Court, in several
lLstancee, compelled virtually to make Gee
tons of the Constitution, in order to re-
lOO1S-~O P1OfISlOAo. w uAL-
ever may be the character and learning of
the Judiciary, it is dangerous in the ex-
IRENE that the most valuabls rights of the
Citizen should depend upon an organic
law. so uncertain and conflicting in it's
terms as that five men must have the
power by construction so to change and
amend it, This objection alone is suffi-
cient TO warrant the prompt action of
the people. The reports of the Supreme
Court are ACCESSIBLE to all, and fully sus-
tain what we have said on this subject.
The Constitution has completely over
turned and abolished our old system of
jurisprudence. and introduced new one,
in no sense adapted to the wants, habits,
tastes, convenience or economy of our peo-
pie, and it may be said of it most truly,
that it is loose, uncertain and illogical,
giving rise to interminable litigation and
endless judicial legislation. Fully one
third OF the cases that go before the Su-
preme Court go there upon questions of
practice and construction, growing out of
the "Code." and which bring justice and
satisfaction to nobody. This is not only