Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1874-11-27

the Court, as respects the number of
Judges and the tenure OF their OIL ce;
Upon such questions no Court could
be impartial.
9Th. It is inconsistent with the dig
nifty, the sovereignty of free people,
that their highest judgments should
be submitted to any tribunal.
For these reasons the objections to
the principle of amending the Consti-
tuition by legislative enactment seem
to me to be insuperable. But objec-
tionable as this method OF constltu-
tional reform is, it would have been
comparatively harmless, If applied as
it was intended to be under the old
Constitution, to questions which
might alise in the gradual progress OF
our government. In questions Ike
from the regular
growth Of orr political community-a
modern reform dilatory and ever
tedious, might possibly suffice. Such
IA state of things, however, is the
farthest possible from that In which
we find ourselves. The questions
which press upon US were preclpltated
by the destruction of our government
in 1868, and the manner in which our
present Constitution was formed. The
destruction of our old Constitution
was sudden, overwhelming, complete;
the new one was imposed upon US by a
Convention made up, SO far as regards
at least light out of ten, OF men en-
tirely ignorant and lliiterate, and Tor
the rest. of men who knew nothing OF
our antecedents, feelings or wishes;
nothing of our situation and resources;
men who had no other conception OF
what was to be done, than to adopt
mainly. the Constitution of some
other State, however alien Or oppres-
sive to US, intersperslng 1t with
clauses from different Constitutions
how homogeneous so-ever they might
be. Il is impossible but that Con-
stitution so framed, should present
numerous questions; questions which
reach to the very vitals of the com
| monwealth; questions for which iegls-
Iative reform offer no remedy.
Now a Convention is subject to none
Of these objections. It is the embodied
sovereignty Of the people. 1t is the
proper tribunal for the confederation
and decision of all those questions
| which lie at the foundation of govern
ment The people recognize its su-
preme dignity, its consummate lmpor-
! tarce. The delegates are chosen from
! the ablest ,wisest and most experienced
men IN the State. Every one, On look
| ing over list of the members OF any
| Legislature and of the members OF any
| Convention, must be struck with the
! difference between them. The differ
euce in the opinion Of the people, judg-
| ing by this test, is Unreasonable be
! tween those who are eligible to the one
and the other. Moreover, it is tho only
way by which We can avail ourselves Of
| the talents, requirements and expe-
Renee of the public men now in office.
| All our judges could sit in Conven-
ton. The Chief Justice OF the United
| States sat in the Convention CT 1929
80, and men in high official position
sat in our Convention OF 1885. La no
other way can the people have choice
among our best men. 4 Convention Is
the only method Of amending our Con
stitution that is perfectly consonan1
with the spirit Of our inst tutione. i
can deal VITA all our grievances anc
deal with them at once. It will dea
with them under sense OF obligation
and responsibility which g Legislature
never feels. Il would secure for the
several subjects Of deliberation tina
attention ouiy possible with such ai
vision Of labor. It would save tn
people from those incessant agitation
which SO many grave questions con
stsntiy i1e trnnSit,e through the LegiS
Iature must inevitably eDgender. l
would exclude all doubt and u1cer
| tainty as to our organic law, since j
would speak authoritatively ant
: fianally. Il would settle every consti
. tutional question for quarter Of
century to come. It would restor
tranquility to the public mind; cal
out the affections OF the people to
! government of their own choice; bint
them to their homes; ard cheer then
on in the new career of prosperit.
, | which a Constitution adjusted TO th
times would open up TO them.
A majority of the journals OF thu
: State have pronounced against Con
vention. If they have gwen expires
, sion to the convictions Of the people
|. there would be no moro TO say; 70
with the people the decision Of til
, question must rest. If, however, j
snail te found that this opinion i
r based rather upon tie presumed. THAI
upon the expressed Judgment of the
people, then the question is as open Il
discus sion as before. This discussion
> would be favored by the journalist
themselves, Tor Rs a class, none ar
more partial to free inquiry; none more
anxious 10 reach a right conclusion il
this matter.
: Il is clear that capacity and ecces
tt information apart, the opini0u OF
/ the journalist on this subject is wortl
10 more than that of any other citizen
It is q question of fact, and whilo tht
advantages Of those who conduct the
press Of the State are, over the gen
crafty OF mon, undoubtedly great il
respect to the particulars mentioned
Jet even here they thems Ives would
admit that the advantages of thou
! sands of oar citizens are equal to theil
. own.
Now it is conceded that upon thi:
subject there has been no recent ex
preston Of opinion by the people. L
Is three years since they were called
upon to vote on this question; fol-
J three years the people have been silen
} so far as regards definite declaration
OF their views upon the question. /
: they have been silent, it must be adj
m;;ted that any conclusions respecting
: their opinions ct this time must b
; conjectural. But, in all Condor, let i
, be asked, is it consistent with til,
nature Of such momentous issues t
rest their decision upon a guess q
popular sentiment. based upon actor
which took place three years ago
} Shall We take no note of the progress
Of opinion during that period !? L
Conservative craftsmanship OF tina
sort which looks backward only. anf
fears or refuses 10 face the questions
OF the day
Let us glance a moment at some O
the chief objections which have beer
urged to Convention. The one most
relied on, and most frequently urget
is, 1t must be confessed, sufficiently i'll
defined. It seems to grow out OF ,
vag1e dread of doing anything at all
It declares any movement looking to
Convention to be impolitic, since i
would put to hazard the fruits of oul
recent victory. 1t is difficult to appre
ciate the force of this objection. I
onr late triumph had been the result
OF any great and sudden excitement
VIII; al,