Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1874-10-16
'onvention-A Letter from Judge
Manly

""se"Ieh-A Letter from Judge
Manly.
The opinions of Judge Manly upon
all questions Lave SO long commanded
the respect and confidence of the peo-
pie Of North Carolina that it is with
great satisfaction we lay before our
readers his emphatic endorsement of
the position the JOURNAL has taken in
the discussion now pending in regard
to the calling of Convention.
Judge Manly's letter is in reply to
one asking the following questions:
LIST. Do you think the best interests
of the people of North Carolina re-
quire their Constitution, the '.Canby
Constitution" so-called, to be material
ly aid speedily amended?
I'd. If, III your opinion, material
changes in the Constitution ought to
be speedily made, which mode of max
ing those changes, do you think the
best interests of the people of North
| Carolina demand should be adopted,
that Ey Legislative enactment or that
Convention
3D.. The Conservative-Dem D emocratic
party having al undoubted two-thirds
vote in each House of the General AS
sembly, what do you think is the duty
of that party in reference to the cali
of Convention by the Legislature at
its approaching session for the purpose
of amending the Constitution
JUDGE MANLYs LETTER.
NEwBERN, Oct. 1st, 1874.
| GFNTrFNEN:-Wh 7 1isclaim for
my opinions all significance above
those of my fellowmen, the emergen-
cy is believed to be sufficiently grave
| to demand an answer from every one
to the questions you put. 1t is, there
fore, from a sense of duty as well as
from courtesy that [ reply to your let
ter of the 29th ult.
I. The Constitution ought, in my
judgment, to be amended In many ma
terial respects, and it should be done
at nf.ca, as indIspensibly preliminary
to useful legislation. There is no per-
son i'll the State, it seems to me, who
mas the sense to form a Judgment upon
the subject at all. and who, at the
same time, is capable of freeing him.
self from the binding effects of preju-
dice aud self interest, who does not
understand and acknowledge this. =
Many of it's provisions are foreign to
out habits and modes of life, uusuited
to the condition of our people, cum
brous and expensive. It is tainted
with an arrogant use of moral plati-
tudes and exhortations, is unintelligl-
BILE or absurd in parts, and has many
matters crystalized into constitution
al law which belong to the evanescent
and changeable ideas of the day and
| ought to have been left to the domain
of ordinary legislation.
This being the character of the insti-
tuition under which we are now at
tempting to conduct public affairs, ]
can conceive of no sound reason, should
there be strength enough i'll the two
Houses os Assembly to change it, why
we should not reform and make it har-
monize with our wishes.
2. OF thet modes of amendment,
that by a Convention of delegates from
the people, is the only one which meets
our need The mode by acts of sue
cessive Assemblies is dilatory, and is,
indeed, hardly practicable, where many
amendments are required. Such mode
is appropriate only when a single
amendment is wanted, or at most a
few.
With defects and blemishes inter
woven in every part, as i'll orr case, il
requires a council, sitting together
and freely interchanging views, to eli
inmate them thoroughly and leave the
law in a consistent state. 1t is not
possible to inform people in theil
neighborhood meetings of the intend
ed sense of variety of amendments
of Their relations to each other, and oI
their general effect upon the whole
The experience Of mankind has showt
that in such cases, full understand
ing and complete and satisfactor,
work can only be done by persons act
} ing collectively, (coliegiahtcr). Th'
amendment, will be palmer when yol
) be in separate bill in order t
avoid the risk Of losing th
J whole by the failure on the part o
, the second Legislature to pass the bil
identical in all its parts, that was pro
: posed by the first. A question i
= made as to the validity of the amend
: ments of August 1873 upon the groun
= above indicated, which Is now pend
l ing we are Informed in The Suprem
f Court of the State. A Convention i
D the only adequate remedy for the IL
E; tolerable political evils that beset u
= and the sooner it is called the better.
: 3. Promising all proper respec
e and Difference to the approachin
o General Assembly, and relying upo
e their better judgment for wise an
n patriotic action in the premises,
q proceed to answer yOnr third lnterogi
= tory. If the requisite number in eac
II House concur as to the necessity OF
y Convention [ see no reason why
8 should not be called this winter.
e The experience of the past few yeal
e convinces me that legislation in Mort
= Carolina to any good end must /
y crippled and inefficient as long as tt
Il constitution remains as it is. We al
e passing continually from bad to wors
:, We are encumbered with public del
% that must ultimately crush us, unle
l. something be done. The opportuni
If for selfish and unprincipled demagogu
l. still further to cucumber and plund
,e us is afforded by the laws as they no
le stand; and these must be changed
'e The risk of losing the present maio1
is ties, if such risk would be incu
=, red by action (Which
er not believe) is insignificant col
N pared with the great benefits to
re derived from the amendments pr
posed. The evil would be of tritlil
import, tcmrorarv in its nature, al
i reparable at the balIot-bo ; the go'