Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1874-10-30
cow ENTI ON-LETIEEK FFs o M
COLONEL, VILLA ALLEN.

!
nel ALLHN hasbeen aleading member of
the Senate for tie past four years. and
his opinion is worth much in tee dis
cussion OF the question @, the neces-
sity for Convention. He speaks from
a long and bitter experience in legis-
lating under the present Constitution:
KENANsvILLE,N c., Oct %, 1874.
Aessrs. Eiaaelhord &; Sanders:
DEAR Rs:-Entertaining the opin-
ion that no good citizen has the right
TO withhold an expression of his views
upon any great question of public
policy, when those views are demanded
by any portion Of his fellow-citizens,
I respond to your inquiries upon the |
subject of the CONVENTION without
hesitation or apology.
You ask: LIST. Do you think the best |
interests of the people of North Carolina |
require their Constitution, the "Canby |
Constitution" so-called, to be materi-
ally and speedily amended |
I'd. Ii, III your opinion, material
changes in the Constitution ought to
be speedily made, which mode of
making those changes, do you think
the best interests OF the people of
North Carolina demand should be
adopted, that by Legislative enactment
| or that by Convention
Sd. The ervative-Democratic
party having an undoubted two-thirds
| vote in each House of the General As
of that party in reference to the cali
ing of a Convention by the Legisla-
ture at it's approaching session for the
purpose of amending the Constitution?
Ny active participation in the Leg
islative Department of the Government
of North Carolina under our present
Constitution, has been such AS to I'M
press upon me in no ordinary manner
the many and important defects and
great superfuities of that instrument,
and its utter inadaptation 10 the situa-
ton and condition of our people. Its
ambiguity and restrictions upon the
Legislative Department, its loose and
unrestrained power vested in the hands
of the Executive Department, have
been and continue to be sources of
much embarrassment in perfectlng
useful legislation for the country. I'm
der such a constitution we can never
nope to see our good old State devel-
oped into great and glorious
commonwealth, such as her natural re-
sources entitle her to be. We never
have seen, and we never shall see, the
government established by this Con-
; stitution maintained and supported
within the restrictions imposed upon
the power Of taxation for the county
and State governments, and yet the
power extends to a much heavier taxa
ton than was ever necessary for these
purposes under the old government,
when the administration of the gov
erpment fully answered every demand.
The spectacle is constantly presented
before our eyes. even in the best and
: most economically managed counties
y of going beyond tie bounds of the
. Constitution to raise revenue for the
: support of the government, and specia
q Legislatures tins. Why is this
e Plainly because the Constitution es
o tablishes government too heavy fol
the demands of our people.
Look at the Judicial Department ant
you find even greater grounds TO
= complaint than in either OF tht
9 other departments. Under on
- old Constitution each county had 81,
q efficient courts year for the admins
:. tration of Justice, and the whole cos
K was much less than the present cos
- of administering tie Government Will
only two courts a year, regularly held
i Ought not a simple, plain, brief state
/ ment of facts be sufficient TO impress
g any sensible, honest and impartia
= mind with the great necessity al ''na
terially and speedily" amcudirG til
present Constitution of North Caro-
" lima ? It does appear so self-evident t.
o my mind, that I really cannot sec hov
= any one can come to any other coucIu
sion, than that "the best interests o
=. the people Of North Carolina" imper
ii atively ''requlre their constitution f.
be materially an6~speedlly amended.
s So conclusive is this view to MY mind
that [ really am unable to see how an,
L one can find a reasonable pretext for
different opinion.
Then which of the two modes o
'making those changes should b
adopted? If only one or two amend
> ments were necessary to adapt on
y present Constitution t. the wants an,
e condition of our people, We might
n with some degree of liberation, wal
J. for the slow progress of the Legisla
tive mode. But when we take into con
sideration the many and palpable de
d fects of the Constitution, and the Sc
e rious embarrassment it imposes upon
r our material progress in the race o
,, civilization and advancement, tn
heavy and oppressive burdens i
/ fastens upon our people, without an,
e comparative and beneficial CORES
: ponding effects, 1 unhesitatingl sa,
!, that l think the speedy mode of Con
vention should be adopted. NORTH
e Carolina needs relief, and she needs i
o now. The people have been demanding
q it through their Representatives evel
since they began to feel halfway like
they could call themselves freemen. II
J 1870, SO important did the Representa-
= tives of the people feel it to be to af
4? ford the people an opportunity Of re
j, lieving themselves from the burdens
- and inconsistencies of the present Con
+ stitution, that they tried the doubtful
J! expedient of sub hitting the question
e to them to call Convention by a vote
q of the people, contrary to what was
believed by many to be the forms OF
: law. Under the intimidation of Fed.
+ eral officers, and the fear that it might
be considered revolutionary expedi
ent, the Convention failed. But did
this show any disposition on the part
of our people against a Convention tc
e amend the Constitution, if one could
10 S1ICa iCCO1NihS ~ I'LL Tie &C
n kn3wledged forms of law, and in exact
o conformity with the provisions of the
present Constitution? Most unques.
tionably not. He who SO interprets
g public sentiment much mistakes the
0 popular will. The people desire many
and material changes in their funda-
mental law, and SO strong did the
: Legislature of 1870 feel this pressure
a of public sentiment when the Repre-
sentatives assembled in the Winter OF
= 1871, after the defeat Of tie Conven-
ton by the means just indi-
Gated, that they Immediately recon-
, mended thirty amendments, and
, the Legislature of 1872 had suf-
fcient power to re-adopt eight of
these thirty, and with overwhelming
acclaim the people adopted these
eight when they were submitted to
| the popular vote. In public estima-
ton the other twenty-five are held to
be but little less important, and there
are still others that are much needed