Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1875-04-09

to tIe Convention VIII desire to go
outside OF the act under wiicl Le
Is elected, these with other question:,
vii! be agitated during tae CANVASS.
AID their discussion now will be Il
matter Of interest
THE CONVENTION.
RoCKINGHAM, April I'd, 1875.
HessrS. EditOr8
In late number of your paper, yOu
called the attention of your readers to
the fact that the Convention provided
for by the late session of the General
Assembly, was limited or strict "a
Convention That is TO say, that it
HAS full power over all the provisions
ot the Constitution. except such as are
excluded by the act making the cali
The question now arises, and has t.
some extent, been discussed Has th
Legislature the authority, by the Co:
stitutiOn, to impose any restrictions,
str is ITS power completely exhaust. d
III The mere question Of the propriety
OF the cali? [ kIcpose to give my
views Oh this subject, and on another
one, german to the matter IN contru-
vrt>y. They are submitted with per
f>ct respect for the opinion OF those
who may differ from ne.
thiDk that the General Assembly
has under the Constitution, the pow
t. restrict and the Convention thus
called is invested with just such aU-
th.,rIty and pOssessea just such char
meter rs the act under which 1t - elect
"a and assemblies has prescribed -
Hence, If the Convention thus restrict
3D. shall exceed the limitatatEons in
posed, it goes beyond the rigAtIul tx-
erc}se of power and Is guilty, at ieast
81 IA palpable breach OF faith, WhIch
no hing but extraordinary clrcum
St luces wonld Justify or even p;,liat
1 know that there Is but one remedg,
Gu side Of revolution, TO such al thuse
OF authority, and that lies With t.
i, opie at the ballot Eox-tLe OILY
/. ue dy in fact, for the un wise acts of
"a legislative agents, even when they
keep within the lines Of legal au-
Ehorlty.
The Constitution has conferred upon
the Gt neral A. sembly the whole lower
OF determining when the Dece.a>ltie>
OF The people demand D revision OF the
Constitution by meaDs of COnVe;l-
ton. By two-thirds vote of ali the
members in each House, it Is within
the legislative authority 10 call a Coz
vrLtlon whenever the Legislature shall
choose to do SO. That body can cali
Convention at every session. For
tjs abu of a power clearly granted
the only popular redress wonId he,
ether through the Convention itself
at the ballot-box, by rejecting the
Propositions submitted for their ratit-
ca.On The whole power OF dctermll--
ING, Is, therefore, lodged III the Ge'
ernl Assembly. They having the
"holc power, can say how far the
Constitution needs alterations. Ii par
hai amendments are, III their wisdum.
only needed, their IS provision 1Or
their adoption. If = general revision
Is demanded, there is the Coustitu
II 'nal mode, and 10 what extent this
sIal be used is purely within the leg
ls4tlve- discretion. The Legislature
might think 1t highly iHCrpCdicut ior
Convention to remodel the COnstItu-
Non entirely, but equally erIclljcHf
Tor 1t to revise number of its clause,
sections and articles. EaylEg tue
whole power ii their hands to be
Used according to their discretion, the
Kramer OF Its use can only bt ci.iCu
III question by tue people themselves
"nen they SIT in judgment upon the
Ats OF th"Ir representatives. HE
character OF the Convention, its pow
ei" aud authorities are only derived
ir' N the Legislative bill, as that stall
De embodied Ill the act under the pro-
VISIONS of which the Convention as
semhles. II, therefore, tta I.egisl:l-
tire calls limited Convention one of
any other kind can't come together
ne act must be construed as :, whc'e
va part cinuot b. accepted atd b.,
otl Jected, aud II tue Convention
should choose to do So 1t would be act
Ing ultra rircS, a d its ordinances
would only have vitality by popular
verdict IN their behalf, and then only
Dy the force Of revolutionary power.
have no fears Of the Convention
disregardlng the Legislative Will.
as expressed in the Act. My opinion Of
'9e Character OF majority of those
VINO L think will be ected to this
important body, forbids any such I'll.
scion. If, however, untc unate
counsel should prevail, and tue lines
OF limitation be passed, we trust tina,
the people will set their seal Of c,n.
oetn tnnat1on upon the breach of faith
anu T Ject all propositions made upon
matters not confided by the act of the
General Assembly.
Another question has been incident
ally presented. aud it is this: Is it re
CURED by the theory of Pepublicar
etitutlons that the acts or ordi.
Hs OF Constitutional CONVENTION
sI iaii De su omitted to the people a
t .he oallot-box for confirmation: or ar,
tnese oro1orio viqore binding as a nor
ns constitution, without a ratifca