The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1874-11-11

ifAr. lf1Aiht rt@tt ~ th,t'bo 49," "@,frt
liiaiiyeN Pronounced. There is notliing
len loalstsiss
But .smiiiilg the decisive character OF
the 0l,jscsions 10 HE present constitution,
shall tlt proposed changes bs made ny
Legisalxe action OF by Il Coiyeniivn?
The Method uf Amendment by Legis-
laiiyc ef1ion Il subject ln MY judement 70
the veHf &favesi. way, 10 unanswerablt
Iobjecti.lss 1t boasts, know, an h0iiora-
, i,Ic pe,isvrer. Ii IL drawn from our old
l(o6safziipf. iufo which IL was inserted
iby the spnsfulipi d '95. But % those
who kilew the eitraanaSiAnces under which
il was asloPted. Its piiteipIf vii need
lvindic4li,n bofg >Ff ftiiktsliu 4 tNt ~turnAl
\ lnBss, ,sasuh, IL enlnsS Ii WAS lot W the
" iC0nAigat;0n OF 20; 1t wAr inserted into Tile
lCVnslifution Of 'S5 against fhe views ofits
ablesl siai.Swar. Ii would not iiaye ljeen
proposed IL all. but for the uppniing at
iIhlde Of The Fart and West on one ques-
Efi0n. That question through tile changes
! sbmugiit about by the war, laws passed ~
way forever. l. there ANY thing in its
|, principle Ia recommend il 60 adoption anu
I,i4..? AZ I said, the affections % The prin-
3 lciple seem To me To he invincible.
lst. This msihDi is TOO slow and cum>
brOus when tie necessity fora cisuiige In
the Constitution l. pressing IL requires
the cO-oneratiOn of the Executive, tlle
/. Legislature and the people. First. action
ly The Legislature; tiienhy the Executive;
then by tile Legislature ngain, and lastly
, hy the people. Il thus requires years y
Ico,isumlnate one reform. III there be any
merit IN the principle, II can only apply
/ In case when delay isof no vltai conse-
lquence.
. 2nd. II conlplicates questions OF organic
law. wiki mere matters of ordinary iegis-
. llati0n: neither would therefore receive
/ that calm aud deliberate attention Which
i! questions of the former character inl-
. reri0,lsIy demand: ifthey did, II tcoiild be
only by sncl d l,rolongation Of the session.
. a. would make i; equal In duration 10 the
) session of the Legislature and 0f a Con-
. yenii0n comEincd. There would there's
! fore lie no saving OF either time or ex-
pcnsa.
3rd. II subjects sEali questinns-ai least
- far as regards the manner OF adoption
10 the jnrlsdiciion of the Supreme Court.
{ ! The supreme Court thus practically de-
ci.les whetheFa an amendment shaiIopersie
or not
iih. Prom the magnitude of the qucs-
: lions, affecting IS they do the organic law.
) 1.-THE Supreme Court would he slow 10 de-
! eide; decision may be postponed from
! term TO term. again and again; and then
1 added 10 The delay inherent in the method
Z f. tie further s.eiav arising from litigation.
Meantime tie people are LEFT in utter un~
n certaiaty as to the Supreme law ~ the
sllark--ihe leges leglm. This is actually
: the case now.
: sth. No Court esild possibly be au inn
Z partial tribunal for many Of the questions
|, that viii necessarily arise under this me-
thod. For example. one Of the questions
! that will probably spring up. regards the
. constitution Of the court. as respects the
: number Of the Judges and the tenure oi
!. iheir oiSee Upon such questions no court
!, could he impartial.
Il 9Th "a i Inconsistent with the dignity.
i tse sovereignty of free people. that their
: highest Judgments should be submitted to
! any tribunal.
!, For ihese reasons the objections 20 the
|. principle of amending ihe constitution b.
: Legislative enactment seem 20 me TO be in-
:. sui erabie. But Objectionable. rs this neihod
I; IL constitutional reform Is. ls woaid have
: been comparatively harmless. IL applied as
!, was ntsuded 70 b. under the old Consti-
! ,ation. 10 questions which m,- IL arise III
i the gta,lnal progress of our government, III
J questins ike thase--s sptinging irom the
!, regular gro2ih Of the l-.liiical community
IA n,ode of reform lilatory and eyea te-
! ,lious mighi possibly sniico Such state
Z ofthings. however. j. the farthest possible
!; from HAT iM which We ind ourselves. TIE
questions which prcss npon Us we're pfeei.
pitaied by the desiTaetion of our govern
/. mens il .lsGs, aud The manner in which
j, our present cefsiitutipu was formed. The
}. arstrsetiun of our old Constitution wa.
! sudden. overwhelming. complete; the new
. one was imposed upon " by convention
i made On. - far - regards u least eight
y out II zen, - linen entirely ignorant and II.
. literate, and fcr tie rest. Of inen whc know
! nathing Of our antrceients feeling or wish
!. e.: nothing of our sitnHiiou aud resources
!. men Who had no other conception nf wllal
: was II be done. 'aans 20 adopi mainly the
e constitution Of some other State, however
alien n oppressive 70 u-. intersnersing it
: with clpuses from different constitution,
: however incahgruaus 20 ever they mightbe
y II j. impossible bot that Constitution =
y iralpr,l. should present numerous questions
questions which reach 70 the very vitals o
!. ,hc enmmonwca.th: questions Tor which
: Legislative reform oilers no remedy.
II Nnw convention is subject ~ none o.
these objections. II Is the embodied suv.
y erignty cf the people lsis the proper til.
!, bunal for .hc consideration and drcision o
T. al those questions which lie a, the foanla'
e tivn of government. The people recngnizl
i,s supreme dignity. ~ o nsamnaie iInpat
: :, tapce. Tie delegates are chosen froln tl'
II ablees, wiSest ard mnsl experienced men i
rs the State. Every one. On looking over
Is, II the members Of ans Legislature 40,
ie II tic members 81 ANS Convention. laus
!. : he strmck with the difference between iI,rra
II The diiIerence IN the opinion of the people
ii indglng by this ted. v ilnmeasnrable bs
ic twecu those Who asc cligitle ~ The oae al,
= The asher. Moreover. Is isthe cnly way b,
= Which We can avail otfkolves Of tho talen,s