Wilmington journal., 1871-06-16

M mSn1hs previous to M W election Of n embers t.
the General ASS, mbiy AID the alteration pro
posed by he Gt neral Assembly shall De agree
| 10 in til fret session thereafter bs two thirds
the whole r+pres eDtAtlon in each H9see OF IN
Gens ra Asser bly,, after n same sbah nave pee
re sd three times, on three several Ays IN eacl
| House, then tie raid Genera. Assembly shau o.
tabiish rules and rfgula' lone whereby s+T
r amendm may be mitted to tue quAnne'
state ard if, on mpArng tbe votes CIV. u II
the wnoe state, it Ehan appear th"t IN lprr.
her cot we approved ssid amer dmen's. ther
and nor other@i e, the ssme saaI oSce ma q par
of the Constitution.
It was to tFis proposition that Mr.
MEAREs addressed himself when he utterec
the continents which Judge Cantwell has
thought proper to quote. The subject
un Ter di Gus sion and tie whole contes'
clearly sho9 tt at it was his ohj-ct tc
place iinita ions upon the Legislature
Hand t1at be had reference. in nothine
which he said, to that right of the people
which is inherent, to assemble togethe
Wheuever III y may think f., to alter and
ann n ] Their fundamental law. The effoI
was to prori againet those Academia
Ln#j oIi les IN tue Legislature which vers
freqnen'ly . not L present actnol IL al iori-
ties of the people, en to limi', Judg.
GAsToN bim elf expressed it, mot tn.
| re ,pie but the creatures OF the people"
| 1t is passing strange that this peetinen'
Lar gn&f e of Ju go GAsToN Ahould hav,
Oeen overlooked entirely by Judge Caut-
veil. It is to be fDnpd in the sa ne speech,
| in the same paragraph. and IN the Set
| tence a m Dst nm dl4t-ly preceding III
V1I. n Id n
S e0 that while be "a> quoting part, Il,
ught to have gu t d tre wh"le. l. al
40 t looks IS 1t VT Re mi I'd by des,gn.
1T wos o. the Pc p O." said Judg
CATION, "bnt the creature of The peop t
VIII ch the amen 3maut propos. 4 to limit.
The ,nrse pursued was noe an unu-t
one. L was re ;ogniZ ID in three Conrtitu-
tions. W ieh he had picked up Oh the spn,
of the nom mt, VIZ: S 'uth Carol'ua, A
bama, and the United States. 1t is TO i'm
pose & check on the LegislaIu that il
may Lot avail itself of au Incidental ma
j rify to disturb the repose OF the people
by frequently calling them together il
Convention" These wCrd- afford tie key
to the meaning Of the whole d9b4to. No
man in those days-ah, would to God
tho,e Gays might come again !-Do
man in those days dared to GU s.
ton the fundamental principle of our
Government, thas call political ruwer is
vested in and derived from the people
only ;" no man doubted the truth Of,
or the necessity for, the declaration of
our Bill Of rigbts ''that frequent recur-
renee to fundamental principle is abso-
lutely necessary to preserve the blessings
of ilberty." The Convention did not pre-
tend to think that it could set limits to the
power Of the people. No such idea was
suggested by any tingIe delegate through
out the entire ssssion. The complete |
sovereignty of the people was treated as ap
established qles i'm, AMI the limit was |
plac' upon the calling of Convention |
General ASSEMBLY, only. When fools III h
10 wbers angels fear to tread wise men
may trembIe for the consequences.
Again, Judge OantweH q1otes the pro- |
o' sition ma ie by Mr., MEAREs, (p. 369) to
Which We have already alluded, and ir,me
liately following it, without one single
wo of explanation, Re quotes from the
Journal (psge 373):. "The question recur-
ing o. Mr.. MEARE,' amendment, it was
'dopted 80 to 90" Now, viii it be be
lived that tue amendment, as q loted by
ndge Cantwell, aods meoer adopted at dAF
was. as we have said, the very question
# the debate. which occuE Eis1 the entir
nprning session, and was Participated in
~ Mr.. MEAREs, Mr.. GILES, Mr. GAsroN,
if. HOGAN. Mr.. SWAIN Mr. SP .1GHr, MIR.
SH BER aud Mr.. FISHER. when at the very
lose of the debate, debates on Cor. T..
49,:
MIR. Heares sail, tn s'tiafy some gentlemen
% him. he "uu m1nify hls amen m nt 81
IS to E'''Td' hat 10 on utI"n 4I hsrea If or
= CALI d BY TIE GENERAL ASSUME exoep, BY
couctl cut Vo'e OF f. o. hivIs Zach EOuse
ii it. 'O' O''' - was 'D''' Perfectly S"'i n'a
6 h ques ion on Mr.. Hogan's ame7 dment was
'st; -ul tn q estcn recurring n SIR. hIaa es 5
mehdneuU Was ADOPT. d 81 20 %, and ths Ar
c'e was refsrred 80 the Comn.ittee of Seven"
Here, for he fs! time. We have .'tbe
cry clause" " Ic a Judge Cantpell talks
bout. So jeA'oas we're our fathers Of III E
'ghts of the people that t. ey r. fused TO
NSt'' N La e. aDe-I U0QE, aItll UQl |
vas declared Doth by NJ. MEAREs AMI
ldt @ GA that il aas uot inteuted aud {
~ d have 30 effaof tc limit the power OF
le people, uutli by the insertion OF the
or Is ''BY THE GENERAL ASSEMBLY" tie
n~et on was placed beyond tue p"es blity
doubt. We W lnt no stronger Or OF S
the co rectuess of the po%it ou assume a
= the Conservative pay to-day. We Z
tsh th we could publsh the woo'e d.
ate, aud up"n it We would be perfect y
ling TO les: our cause.
l. must De CO. anti, DO ne in mind that K
e Legislature has not ca leda Conreution.
it had, Judge Cantweli's argument
light have SONS application. Finding v
a; l. could not command the reqn-i
vote. it has not presumed to
II Conyenfiou, or TO instruct or deuhor-
the reople to do 81; bat regarding our e
Bill of Rlgb So as S melting more than =
at which Ju6pa C.ntwe h .s aSs1,o1 - ! =