Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1874-10-23
s:ro<is sfouAFs,,,,s VIEWS UPON

TEEs. CoSvs.STsoE QUESTION.
We have the pleasure OF laying be-
fore CIR readers this morning letter
from Judge HOWARD setting forth his
views upon the propriety CT calling a
Convention to amend The Constitution.
Like that of Judge MANLY, the let
ter Of Judge HOWARD is i'll response 10
one from the Editors of the Journal
propound.ng the following enquiries:
1st. Do you think the best interests
of the people of North Carolina re-
quire their Constitution, the "Canby
Constitution" So called, to be natter
ally and speedily amended =?
81. II, IN your opinion, material
changes IN the Constitution ought TO
be speedily made, which mode OF
making those changes, 10 you think
the best interests OF tho people of
North Carolina demand should hc
adopted. that by Lcsi, Iatiye enactment
or that by Convention ?
81. The Conservative-D. uocrat C
party having an undoubted two-thirds
vote in each House of the General As
semb!y, what do you think is the duty
OF that party in reference to the cali
ing Of a Convention by the Legisla-
ture at its approaching session for the
purpose Of amending the Constitution?
JUDGE uowA2D's LETTER.
TARBoRo, n. O, Oct II, 1874.
'Ecssrs. Ej}qeM41'G d ,%d,nlGtry:
DEAR SIRs:-I think it would be
we'll for the people OF North Carolina
o have q Constitution established by
themselves, free from the supervision
or control of all others, both as Il mat
ter Of sentiment and fact.
But independent o. Ills, our present
Constitution is strikipgiy detective
the Convention that framed it seems
10 have been far more intent on per-
petiiating their Legislative policy than
CT establishing in well defined terms
the ''fundamental principles OF lib
erty."
The general ambiguity Of the IN
stTUment; The uncertainty Ct the terms
of office, ard the resultant embarraas-
ment to the administration Of justice,
if the late opinion of the Attorney
General defining the judicial terms be
correct-the establishment of all the
courts, thereby restraining the discre-
tionary power of creating and modify
ing courts to meet the varying wants
and interests of the people-the limit
alton OF Jurisdictions embarrassing the
adjustment Of rights and increasing
the expense and uncertainty of litiga-
tion-the localizing the judges when
the reasons had occurred requiring ro-
taticn of circuiis-and various other
restrictions upon Legislative action
entirely beside and i'll no way DEEPEN
dant upon the great provisions that
should constitute the organic law and
protect the rights OF tho citizens from
unjust or partial leglslation-these
all demand revision Or rejection.
And this, not moro to remove the
grievances resulting thercfrorn than to
discontinue the blending of ordinary
Legislation with fundamental princi-
pies, and the judicial legislation Incl
dent thereto, than which, nothing is
more apt to increase the growing dis.
regard of Constitutions and to confuse
the people and weaken their reverence
for and reliance upon Constitutional
safeguards.
l entertain no fea1s CT revolutionary
action should Convention be called,
L am sure it would be truly conserva-
tive, that it would not weaken, but
better define and strengthen every
provision that secures the rights of |
life. liberty, property Cr home, or that |
limits the power Of excessive taxation,
or insures the control Of corporations. |
On the question of suffrage, its ac-
ton would, believe, not only elevate |
the right, but prove a great restraint !
upon the commission Of crime and |
fraud upon the revenue; in thatit would |
deprive of the right all persons con-
victed after its adoption, of perjury,
larceny or other Infamous crime, and
all who fail to contribute in some de-
gree to the supporter the government
Withal, L would have our people
show that free from bias of section, of
party or race, they can establish
Cons titution, consistent with the
broadcast justice. protection and guard
ing the rights of all, limiting the ex-
ercise of all power injurious to the
weak, Or detrimental to the minority,
yet allowing that elasticity and adap-
tibility of legislation suited to pro-
gressive civilization.
You perceive that [ am for numer-
Gus and important amendments to our
by a Convention to be
called by the approaching General As
sembly. With my convictions, L I'M
hesltatingly advise prompt and decided
action. Yours truly,