Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1875-06-11

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RooMs OF THE DEMOCRATIC CoN-)
SENTATIVE CENTRAL Elk. Com,
RALEIGH, June LIST, 1875.
To the People Of North Carolina:
The General Assembly at its recent
| session called Convention of the peo-
| pie to meet at Raleigh on the 9th day
| of September next, for the purpose of
suggesting such alterations in our or
| ganic law as may be deemed wise and
expedient.
NECESSITY FOR CHANGE.
| The necessity for changing many OF
| the provisions of the existing Constl-
tuition is generally admitted, and is too
! apparent to require extended argu-
ment. It is here that some of our
| prominent men at one time opposed
| the call for a Convention; but their
action was based on prudential con-
sidera.ion, and not on an indisposition
| to have the Constitution thoroughly
revised. They feared that our pur-
pose in seeking to reform our Funda-
| mental Law, might be misconstrued
| by the violent and ill-informed men
| then controlling Congress, and the pros
perity of our people checked, and the
peace of the State jeopardizeds by
| some harsh and unconstitutional action
| on the part of the United States
auth critics. That fear no longer
| exists. We now have every assurance
that the Constitution of the United
States will be observed by the officers
| of the Governme t, and feel a satlsfac-
ton in announcing to you that the
time has at last arrived when the 9TH
cials at Washington City concede that
the people of N orth Carolina have the
same right to manage their local con
Germs which the citizens of other States
enjoy. We can proceed without ap-
prehension perfect CIR Constltu-
| ton and remodel it in the interests of
our people.
THE CONSTITUTION, THE CREATURE OF
MILITARY LAW.
| This Constitution, the creature of
military dictation, was born in the
throes of military reconstruction. Its
authors were mainly Sciolists and adj
venturers, who had lived among us
without preferment, or possession of
qualifications emitting them to it;
others were our recent slaves, who had
| known no law save the will of their
masters, and others still were carpet
! baggers, both black and white-aIien
in feeling and Radical in education
who sought positions here that were
denied them where known-to despoil
and humiliate us. And when their
work was submitted to the people at
the polls, thousands of our best citi-
zens were deprived of the right of
voting upon it, and over eighty thou
sand ignorant negroes were given the
ballot to secure it's adoption. It is no
exaggeration to say that not one per-
son in ten who voted for it could read
the instrument, and not one in fifty
| had read it or was even moderately
familiar with its provisions, and many
gave 1t their support, believing it
would be merely temporary, and to
escape further agitation and revoIu-
ton. It is natural, therefore, that a
| Constitution thus formed and adopted
should be found unsuilted to our con-
| ditiOn, and that we should embrace
the earliest opportunity consistent
with reason and prudence to secure
such changes as time and experience
have shown to be necessary. Our Or
ganic law should be expressed in Ian
guage clear, simple and perspicuous,
so that nothing may be left to infer
ence or construction; our rights, so
precisely defined as to be compre-
hended by all men of ordinary intelli-
gence; and each department of the
government should be so restricted,
that while left free to discharge it's APP
propriate duties, it cannot by unwar-
ranted encroachments embarrass the
proper action of the others.
THE CONSTITUTION UNsUITRD; TO OUR
CONDITION.
That the Constitution contains some
good provisions no one denies: it
would be singular if it did not, but its
abominable characteristics were so
manifest that not a single Conserva
tive member of the Convention thai
passed it could be induced to affix his
signature to it, as a fit instrument to
be submitted to the people. Indeed,
its provisions are SO loosely worded
and badly arranged as to constitute
but medley of inconsistencies that
defies the successful construction of
the courts; in fact, to reconcile the
difficulties arising from its practical
workings, the court has in some in
stances been driven to supply omis-
sions, and in others to Introduce a
low p4 uuhuOWu III UQo
juridical history of Our Sta e, distin
guished as 'Judici0t Iegislatio,a," an
innovation anti-republican in charac-
ter and invasive OF the rights and du-
ties of separate department.. It's
provisions are So obscure that within
the brief space of its existence many
more decisions on constitutional cues
lions have been demanded than in the
entire previous history of the State
and of late we have witnessed the ex-
traordinary spectacle of two sets of
judges in both the I'd and 9Th Judicial
Districts, contendlng for the same DO
sition. one of whom claiming to hold
by an appointment from the Govern
ment for period of ten years, an
office that the Constitution seems to
say is to be filled by the people at the
polls, and whose term is ex pressed to
be only eight years.
In many counties, there is practi-
cal denial of justice, the Courts are in
adequate to the public demands, and
thus they are driven to resort to spe-
cial terms, which are expensive and
unsatisfactory, and persons accused
of criminal offenses, are often confined
for months without trial We need a
speedier justice and a less expensive
Judiciary system. We should abolish
every useless Office, which is now filled
by a mere consumer; for only by a
rigid and prudent economy in our
public as well as private affairs. can
we hope to restore the State to pros.
perity. It is believed that the laws
will be more impartially administered
by return to the old practice of ro-
tation of the Judges.
AMENDMENTS TO THE CRIMINAL LAW NEG
ESSARY.
1t is also hoped that greater incen-
tive to honesty and a publication of
the ballot box might result from de-
priving those who are convicted of
Infamous crimes of the elective fran
chise.
The matter of the Penitentiarv.
which already contains more than six
hundred able-bodled men, also de-
mands careful and practical attention,
| to remove In some measure that hur