Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1874-12-18

right originates from the people, is
founded on their will only, and is in
stituted solely for the good of tie
whole; and,
WHEREAS, The Government of North
| Carolina, based upon the present Con-
stitution, did not derive its power
from the people of North Carolina, a
very large number of the best ana
most intelligent citizens having been
| excluded and prevented from voting
at the election held for the purpose of
ratifying or rejecting the said .Consti
tuition; and,
WHEREAS, Many Of the provis: o rs
of said Constitution are so conflicting,
inharmonious AMI obscure that the
Judges OF the Supreme Court cannot
agree as to what is the true meaning
and Interpretation thereof, and the
people are left in ignorance as to what
is their fundamental and organic law
| by which they are governed; and
WHEREAS, Many Of those who voted
| for the ratification of said Constitu-
ton nisapprehended aad misunder-
| stood the meaning and intent Of
many of its provisions. as since con-
strued by the Supreme Court, and
| still a greater number voted fer its
ratification upon the assurance and
understanding that it was to be but
temporary and in order to be relieved
from the military government them
existing; and,
| WHEREAS, the government imposed
by said Constitution is bufdensOme
and unsuited to the wants, habits,
taste and genius of our people; and,
| WHEREAS, It is declared in the
Declaration Of Rights, that the people
of this State have the inherent, sole
and exclusive right Of regulating the
internal government and police thereof,
and of altering and abolishing their
Constitution and form of government
whenever it may be necessary to their
safety and happiness, but every such
right should be exercised in pursu-
ance of law and consistently with the
Constitution of the United States ;and.
| WHEREAS, A great majority of the
people, regardless of political parties,
do desire to alter and amend the
present Constitution, which, in pur-
suance of law, can only be done by
the legislative method, or by the peo-
pie themselves in Convention assem-
bled; and,
| WHEREAS, The legislative method
owing to the great number of amend
ments necessary to be made, would
be too passive and is impracticable
and,
WHEREAS, At the election neld Oh
the first Thursday of August last, the
people elected two thirds Of the mum
Der of each house of the General AS
sembly from that political party
which has OH all occasions, and at al
! / ttN 1 In
ent Constitution, promised the people
to amend the Constitution in the
cheapest and most speedy manner con
sistent with law
Therefore, be it enacted, &c.
Mr.. Mills bill sets out with tic ful
lowing preamble
, WHEREAS, The present Constitution
of North Carolina is, in many impor
tant particulars, unsuited to the want
and condition OF our people, and
WHEREAS, in the judgement OF th:
: General Assembly a Convention of th'
, people is the only sure, ard is beside
. the speedlest and most econOmica
mode Of altering or amending it, ani
| believing the end in view utterly i'm
practicable by Legislative enactment
, on account OF the great number c.
discordaut and conflicting provision
l of the Constitution as it now IS; now
/ therefore, sc.
The bill proposes to limit the pow
, ers of the Convention with regard t,
the homestead and personal property
exemptions, except to enlarge, extend
or secure, them; with regard to tn
} rights of the colored people; the ratio
between the property and poll tax
the mechanics and laborers lien law
and the Legislative powers Of the Con
ventlOn.
, During the pending Of the question
as to the disposal OF these bills, Mr.
, Kerr stated that he had changed hi:
views il regard TO the calling Il Con
ventiou, and row thought that on,
, should be called at once to amend the
Candy Constitution; henceforth LIE
, should be found fighting to this end
Mr.. Mills wanted the matter discussed
at once, in order that an Interchange
of views upon the subject might be
had before the Christmas recess. Mr.
Busbee did not want the matter dis
, cussed now, and desired its postpone
ment until alter the recess; he should
not, in voting upon this question, ex
press LIS individual views, but the
wishes OF his Democratic constituents
in Wake county, and he wanted tC
learn their views. Mr.. French was
glad to see the conversion of his
friends, Mr.. Kerr, and thought Mr.
Dusbeo waI also on the stool Of re
pentance; he would. welcome the
viles: sinner, into the Convention
ranks.