Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1871-03-24
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And later, in the year 1861, the question
whether or no Convention should be had
was again submitted to the people. and
though the act providing means TO ascer-
tain the will of the people, at that time.
recites that it passed by the concurrence
of two-thirds of each house yet that fact
cannot impair the value of the reference
as o precedent for the position held by this
Assembly; for by its terms the question of
Convention was submitted to the people,
who, by their vote at the polls, expressed
their sovereign will that a Con-
vention should not assemble.
cavil that the people then and there exer-
cised the inherent right which we hold
they still possess. "A
| And still again, in the year 1868, under
an act of Congress, the question whethe
or no Convention should assemble was
submitted to the electors of this State, who
declared their will that Convention
should be had, which Convention framed
the existing Constitution and incorporated
therein the following provision:
'Art. I, Sec. 3. That the people of this
State have the inherent, sole, acd exclusive
right of regulating the internal govern
ment and police thereof, and Of altering
and abolishing their Constitution and form
of government whenever it may be neces-
sary to their safety and happiness /; but
every such right should be exercised in
pursuance Of law and consistently with the
Constitution of the United States"
| The principle therein enunciated being
the same as was declared in the case of
Luther VS.. Borden (known as the Dorr
case) by the Supreme Court of the United
States, ''That no one has ever denied the
right of the people to alter or abrogate
their Constitution at pleasure" and is in
strict accordance with the opinion OF
Daniel Webster who in the same case ar
/ 4 4
found in the history OF the various States,
''That it is only necessary for the Legisla-
ture to provide the means of ascertaining
the will of the people aud when that will
is once definitely ascertained it is the su-
preme Law"
And it ia we'll known historical fact
that the principle aforesaid has been acted
on in nearly every state OF the American
Union. which pre- cedrnts and op!nI,ns of
learned lriets are now cited as au h ,rity
lor the position assumed by TINS Assembly
that notwllhs tandlnB Jht clause found IN
the Constitution, art. 2, sec. i, that the
legislative authority shall be vested in two
distinct branches-a Senate and House
of Representatives, &C., and which has
been contained in the Consultation of the
State from its adoption, and is also found in
tho several Constitutions of the diff
; ferent States, yet have the people OF the
State on divers occasions. and In other
States, frequently exercised the right of
calling q Convention, the details OF ascer-
tanning the will Of the people having hrss
been regulated by an act of the Legisla-
ture.
And said precedents show that the good
people Of the State Of North Carolina have
heretofore exercised the right Of deciding
questions in their sovereign capacity, sub.
mitted to them in pursuance of law-aDd
not determined through their Representa-
tves or agents. And tins Assembly Is
ignorant OF any grant Whereby sso geop's
oft exercised right to any body Or ret of
men, or have reiInquia he'd the po ger of
exercising the same but that under seq
tion ST uf art. l Of the Constitution.
'This enumeration of rights shall not be
construed to impair or deny others, re-
tanned by the people; and all powers
not herein delegated remain with tho
people"
Whence it appears, that this right
, which the people have heretofore exercis-
ed, of calling Convention, the means OF
, ascertalning their will being first regulated
, by the legislature, never having been
delegated or relinquished, remains to day
as perfect and as lawful as it hath ever
been with the people Of North Carolina.
, Wherefore, s.er
Reselced, That the mode lately proposed
by this Assembly for the assembling OF
the people in Convention, is not irregular
nor novel; and is not sustained only by O
latitudinous and strained Interpretation
of general phrase of the Constitution,
but has been decided by precedents, old
as we'll as late, to be valid and hath the
, sanction of both usage and law; and il not
? unconstitutional because it is in strict &C.
' cordance with art. /, sec. 3, of the CON-
! stitution, which cannot be regarded as q
general phrase las his Excellency terms it,
8 without q particular meaning and without
. equal authority with any other section of
/ that instrument; for If so, then although
= convention may be called under section
l art. l3, yet because of the terms of sec
ton 9 of that article, to-wit: ''No part OF
/ the Constitution OF this State shall be al
! tered unless bill to alter the same shall,
/ &C., prescribing the legislative model
"the convention so assembled could have
no authority to alter any part OF the exist
, ing constitution, and the sovereign power
' in the State would no longer be authorized
to change the fundamental law of the COM
: monwealth, which is a patent absurdity.
And resolved further, That by Article 10
/ of the amendment OF the Constitution of
the United States, ''The powers not dele
, gated to the United States by the Consti-
tuition, nor prohibited by il to the States,
{ are reserved to the States respectively CT
! to the people" s-a =
. And that nowhere in the Constitution OF
. the United States is Congress or the Uni
a ted States Invested with the right to inter
fere to prevent changes in tho Constitu7
+ ton Of any State otherwise than to guar
antee to every State in the Union repub-
Iican form of government. .t
And the people of North Carolina now
claim, as always heretofore, pt rfect right
to alter and amend their Constitution at
. pleasure without consulting the will of the
> United States, so long as they preserve Is
republican form of government and do not
violate any provision of the compact known
: as the Constitution of The United States. d.
6 Resotved, That this Assembly solemnly
! declares that in passing the act to ascer-
: tain the will of the people concerbing q
Convention, it was actuated solely by q
: sine ere desire to afford relief to our OPP
. pressed fellow citizens, and to provide the
: means OF escaping from the ills that
. lhreaten US in a peaceabe, rightful and
: constitutional manner. That its action
1 was based on motives Of prudence and
patriotism and that this Assembly could
afrrb1A fri nda