The enquirer southerner., 1874-10-30
JUDGE HowARD's Views UPON
YHE CONVENTION QUESTION.

':o ne ooHvINTIoN QUESTION.
We have ths pleasure Of laying
bsfore our readers = letter from
Judge Howard to the Wilmington
Josr~al setting forth his views upon
the proprissy Of calling Conven-
ton to amend the Constitution.
Like tha. of Judge MANLY, the
letter Of Judge HOWARD is in re-
.ponse to one from the Editors Of
.h. Journal propoanding the fol
lowing enquiries
let. Do you think the best inter
e.ts cf the people of North Carolina
required their Constitution, the
"Canby Constitution" 90 called, to be
materially and speedily amended ?
2i. II; in your opinion. material
changes in the Constitution ought to
be speedily made, which mode OF
making those changes, do you think
the bust interests Of the people Of
North Carolina demand should be
adopted, that by Legislative enact
ment or that By Convention 7
Sd. The OBSERVATION-DISCLOSURES
party having an undoubtsd two-thirds
vots in each House Of the General
Assembly, what do you think is the
duty Of that party in reference to the
calling Of . Convention by the Lsgis-
lasurs at iss approaching session for
tbs purpose Of amending the Consti-
tuition
JUDsH RowARD's LErTRR.
TAasoRo, N. c., Oct. u, 1874.
Ksssrs. E.ssDssrd + Ssssnd~s:
DzAR S1Rs II think it would be
well for the people Of North Carolina
to have o Constitution established by
themselves, free from shs supervision
or control Of others, both 90 Q mat
ter Of sentiment and fact.
{ But Independent Of this, our pres
snt Ceastitusioa 10 strikingly defec.
tive-ths Convsntion that framed it
ssams 10 have been far more intent
On psrpssassing sksir Legislative pol
icy thaa on establishing in well de-
fnsd terms the fundamental princi-
Splss Of liberty"
= The general ambiguity Of the in
struMsDt; the uncertainty Of the
terms Of Office, and tbs resultant en-
bagrsssmsnt to the administration of
justice, il the late opinion of the At
torasy. General defining the judicial
terms bs oorrect-ths establishment
Of all the courts, thereby restraining
the discretionary power of creating
and modifying courts to meet the
varying wants and interests Of the
psopls-ths limitation ofjurisdictions
embarrassing the I'D djustmsnt ofrights
and increasing the expense and un-
certainty Of itigstion-the localizing
the judges when the reasons had re-
CURED requiring rotations Of circuits
and various other restrictions upon
Legislative action entirely beside aud
in no way dependant upon the great
provisions that should constitute the
organic law and protect the rights of
the citizens from unjus: or partial
lsgislstion-thess all demand revision
or rejection.
And this, not more to remove the
grievances resulting theresrom than
10 discontinue the blending of ordi-
nary legislation with fundamental
principles, and the judicial legislation
incident thereto, than which, nothing
- a1.orr apt ~ iuGrsSse the gro Eiug
disregard of Constitutions and to con-
iusS the people and weaken their
reverence tor and reliance upon Con-
stitutional safeguards.
/ entertain no fears of revolution
ary action should o Convention be
called. am sure it would be truly
conse. vAtiss that It would not weaken
but better define and strengthen every
provision that secures the rights of
life, liberty, property or home, or that
hmits the power Of excessive taxa.
ton, or insures the control Of corpor-
atoms.
On the question Of outrage, its &C.
ton would, believe, not only ele-
vAte the right, bat prove q great re-
straint upon the commission of crime
and fraud upon the revenue; in that
it would deprive Of the right all per
sons convicted, aftor its adoption, of
perjury, larceny or other infamous
crime, snd all who fail to contribute
in some degree to the support of the
government.
Wishsl, I would have our people
show that free from bias of section,
Of party or race, they can establish a
Constitution, consistent with the
broadcast justice, protecting and
gnsrdiag the rights of all, limiting
the exercise Of all power injurious to
the weak or detrimental to tho min
ority, Jet allowing that elasticity aud
adaptibiliiy Of legislstion suited to o
progressive civilization.
You perceive that I am for numer-
Gus and important amendments TO
eur Constitution, By a Convention to
be called by the approaching General
Assembly. With my convictions, l
unhesitatinEly advise prompt and
decided action. You're truly,
GEo. Howard.