Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1871-04-21

this county, but made his escape Will
several others.
We learn through other sources, tina;
Applewhite's body was discovered neal
the railroad perfectly riddled with balls
yesterday It was impossible, we are told
TO ascertain who had killed him. The
body was found by a negro named Peter
McNair who near the place also discovered
a large quantity of the goods recently
stolen from Capt. J. w. Piummer's store.
Convention.
The time is approaching when the can
vass for the Convention will! be opened.
We have, while urging the Legislature to
provide for the call of a Convention, and
we believe that the JOURNAL was the first
paper in the State to declare for it, given
our views at much length upon all the
questions appertaining thereto. The
power of a ma ority of the Legislature 20
refer the question of Convention to the
people, the absolute need OF amending the
Constitution. the economy of doing SO
through Convention, have all been
thoroughly discussed in these columns.
At the proper time we will go over the
same grounds. In the meantime we will
gladly give our readers the benefit Of the
views of others upon this important sub
jeot.
We learn from the Raleigh Sentinel that
Hon. y. T. MOORE, the acknowledged
head and father of the North Carolina
bar, has been urged by his friends to give
his opinion upon the constitutionality of
the act calling a Convention, and it is
thought that he will comply. His opinion
will certainly carry as much weight with
the people of North Carolina as those Of
the individuals who compose the Supreme
Court. In the meantime we give the fol-
lowing extract from the sworn testimony
of Mr.. MOORE before the United States
Senate Outrage Committee, giving his
opinion upon the legality of the act:
Question. by Mr.. Bayard. 1 will ask you in
tuition OF the State of North Carolina, proposed
to be called by the people Of the State. In your
opinion. as jurist. is the act OF the LegislStm
legal, what is it's object and is there any put
pose to affect the liberties Of the coored people,
by drawing distinctions between the races not
now tolerated, to invade their rights as
secured by the constitution and the laws of the |
United States?
with the arguments in favor OF the bill TO ALLOW
the people to call Convention, and those against
it. am satisfied that the bill is not calculated |
nor it intended to, and If it goes into effect
will not produce any conflict with or disrespect
Of the Constitution or laws of the United States;
but it's entire scope and object were to reform !
some and some only of the great political and |
civil powers of the State government which had |
been introduced in 1868, amidst times of con-
men from other States who were members re- |
Gently discharged from the United States army,
who knew nothing of and cared not for the long |
established usageS and customs OF the people.
The present constitution ia q medly of con /
fusions and contradictions; it is utterly subver-
sive of our long established judicial, municipal |
and financial Systems. In order the more clear
~ to show the strength of my convictions that
there was nothing criminal intended by the bin
1 VIII give brief synopsis OF the arguments for
and against the bill.
Those who held that no Convention could be
called through the provisions OF the bill say,
first, that the only mode by which Convention
can be called is provided oy the present consti
tuition, and that the mode provided has not been
followed for want OF tEo.third's vote of all the
members OF each house, in ta7or OF the bill. -
Second, that the present State constitution was
submitted to Congress and accepted by it, and
therefore cannot be altered in any other mode
than that prescribed in it, inasmuch as there is
reservation of power to alter the constitution
than by the mode presented.
Those who favor the plan provided by tho bin
say that the mode proposed Is not forbidden by
the constitution OF the State, and that the mode
specified in the constitution refers only to amend
ments made through the Legislature that there
is no prohibition in the constitution against the
direct vote of the people upon the question
directly is not prohibited by the constitution
and therefore is not in conflict with that
They say that by the consti
tuition of the State all powers are declared |
to reside with the people ; that Congress
in accepting the constitution did not intend to |
restrain or limit the exercise of such powers,
provided such exercise was consistent with the
constitution and laws of the United States; and
that any attempt or provision by one convention
to prevent a free expression OF opinion by the
people another day is null and void, because such
prohibition is beyond the powers Of conventions;
and that while it may be both proper and con-
stitutional to restrain action by the legislature
upon the subject there Is no power which can
people against their wish o alter their constl-
tuition; that il this WAS so new State with |
small population framing constitution for ad-
mission into the Union and suitable to its then
condition. might be forever restrained by it's first
convention from a change Of that constitution
unless by unanimous vote Of all the people or
all tho members of the legislature; and there
fore they say that a majority of people can IN
that way be no more forbidden to alter
ture forbid another to repeal mere legislative
and they say, also that while they
do not pretend to provide for legislative
amendment of the constitution, because that ls
fol biddeD unless in q certain way, still they may
lawfully provide the machinery whereby the
qualified voters OF the State may declare their
will |; and the will of the people being SO ascer-
tanned they-the peopIe-msy make their will
the law Of the land. and abrogate an existing
law which they dislike.
Such the arguments. am I'M |
able to perceive in either the ono or the other
any criminal purpose to impair the constitution |
or laws of the United States. I Gm satisfied
that there exists no such disOyal purpose The
reason have given so extended an answer is
that since have been here have seen 10 lead
ing paper in this city. the Daily Chronicle, the
nsinustion that the whole purpose and object
IF the proposed State Convention in North Caro-
ina was to beget disloyal and ihsurrectionary
,entiment in North Carolina.
The New York Legislative Middle.
Our readers may lave noticed that there
mas been for few days q 'dead lock" in