The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-09-03
Preparing for the Constitutional
Convention on the 9th.
Rise and Progress Of the Con-
stitution.
How the Law Was Broken by the Creations
Of the BayOnet.
THE PARTY BALANCE IN THE CONVENTION.

RALEIGH Sept O. 1875
The original Lycurgus of North Carolina was John
Locke author of the essay On the Human Under
standing" who in March, 1869 drew up constitution
for the Province, then embracing the future States OF
South Carolina and Tennessee. This work was magnif-
cent in outline and elaborate in detail but being found,
as II is almost needless to say utterly impraccable, it
abrogated in 1898 and the North Carolinans for
considerable while thereafter, in the situation Of
the whose constitution destroyed by dssipa-
ton, but who, nevertheless, lived along contentedy
under the bylaws.
AS a constitutional convention is to assemble here
the 9th inst 1t may be not inopporune to give
cnct history of the various epochs and mutations in
the organic law of North Carolina have, therefore,
diligently studied up the whole matter and present the
facts in as compact shape possible consistently
with perspicuity and accuracy
THE FIRST CONSTITUTION
The first constitution of North Carolina a State in
the IT-on framed at Halifax near Weldon by the
State Congress which met there In 1776 1t not
submitted to the people for ratification but pro-
claimed the fundamental law by the Congress which
enacted it, 1t contained provision for its amend
ment, by convention or otherwise. Under this
stitution the citizens Of North Carolina lived for fifty
nine years IN 1884 the Legislature submitted to the
people O call for a restricted convention to
the call, and the Convention held in 1885, The
constitution adopted by it ratified by popular
jority of 5000 No change made in this nsru-
men until 1885, when after struggle OF years.
the principle Of free suffrage Independent of property
qualification, first introduced by Governor Reid was
incorporated intoi it So entirely suited the habits
and necessities of the people tho constitution of
1885 that tho Secession Convention of 1861 mado no
material change in it, and continued in force until the
surrender to General Sherman in 1865.
THE STATE CONVENTION OF 1865.
On May 20, 1865, William w. Holden appointed
by President Johnson Provisional Governor of North
Carolina Governor Holden's first official to
proclaim the dissolution of the existing State govern
ment In September 1865, Governor Holden called
State convention, which assembled at Raleigh in the
following December. No was permitted to vote
who was worth $4,000 unless pardoned by the Pres-
dent The excluded class numbered one-sixth OF the
voting population, being Acknowledgement Of Is, 900
of the most substantial citizens Of the State out
Of 90 900 The constitution framed by that Con-
vontion submitted TO the people, and at the same
election they voted for State and county officials and
elected members TO the General Assembly which met in
November 1866. The constitution itself was however,
rejected mainly on the ground that it not properly
devised and had not the sanction of free people,
having been framed in obedience to military
of the abolition of slavery was submitted
to the popular vote in separate ordinance and car
red by overwhelming majority, as was also an
ordinance against secession. Jonathan Worth was
elected Governor. The Legislature elected John Pool
and William A. Graham United States Senators, the
members Of the federal House of Representatives
ing been shortly before elected by the people Tho
North Carolina delegations were however refused their
seats in either branch of Congress.
EFFECT FOURTEENTH AMENDMENT
Governor W orth reelected for the two years
term beginning January l, 1857 During his term the
Howard Fourteenth amendment was proposed to the
Legislature of North Carolina and rejected by large
majority In March, 1867 Congress passed the Recon-
sruction act. General Candy at that time in command
of the Department OF North and South Carolina SUBJ
mitted to a part Of the white citizens
negroes OF the State over twenty-one years
of age, who then were assuredy not citizens call for
constitutional convention and ordered election to
be held at the same time for delegates to that Conven
ton This federal general not only ordered the cleo
ton but appointed, from his headquarters in Charles
ton, G., all the pol-keepers, and in word, organ.
lied the whole machinery for conducting it Many Of
the election officers were not citizens Of the State
but federal officers and soldiers. General Candy
also defined the right Of suffrage excluding from voting
or sitting in the Convention all who were under tho
ban of the Fourteenth amendment TO the constitution
OF the United States This class included 600 of the
best citizens Of North Carolina who at that time paid
ninety nine one hundredths of all the State and county
taxes and owned nnetenths OF all the land
in the State. Ninety thousand lately liberated negroes
utterly ignorant and inexperienced and without either
wisdom or free WILL whose very docty and simpeness
of mind made them mere autonatons in the hands of
the willy demagogues who became their new masters
were permitted TO vote Three days allowed for
voting novel device adopted for the manifest purpose
of fraud by the facility IL offered for repeating The
votes were sent to General Candy, who
was charged with the entirely supererogatory
duty Of counting them. He proclaimed by military
order that the people had sustained the call
for Convention and ordered the delegates elect 10 con-
vene In Raleigh whittier he sent military subordnates
with certificates of election for the members. There
were only two delegates in that Convention so far as
can be ascertaned by the searching and diligent
inquiry whom any portion of the people of North Caro-
lima had ever before honored with their suffrage. Most
of the delegates negroes adventures almost
destitute Of property character BY this anomalous
assemblagc the constitution in force framed,
and within little more than thirty days thereafter the
people required to vote upon the whole voumi-
nous document of thirtyegh octave pages, which not
one in 100 Of the voters had even much read
Polls were opened for its ratification, by military
order again. on tho 2lst 22d and 23d OF April 1858;
and, at the same time and the same ticket, each
elcctor was 10 cast his ballot for about forty officers,
from Governor to constable and from Chief Justice of
the Supreme Court to township trustees
THE MORAL or THE
Thus within the brief period of three years two legi
mate State governments-that existing in 1865 Vance
being Governor and that in force in 1857 with Worth
Governorwere superseded by creation Of the bayo
net.
Your readers will pardon the minute historical state
ment above given IL is necessary TO intelligent
derstandng Of tho present political situation North
Carolina This retrospect establishes the fact that tho
eNlstluB government WaS not framed as republican
system ought to be-by OF and for the people, acting
freely and without let hndrance-but is the direct
product of military power overriding and subordnang
the civil authority, and that In far has the
blance of popular approval It was ratified under crcum
stances of intimidation and constrant bordering nearly
upon duress.
oHAF1NG UNDER suBJECTToN
The real people Of the State cannot but chafe under
this badge Of subjugation. To substitute for IL an
organic law which shall be their voluntary work
the paramount motive which mpelled the demand for
Convention. THIS however Is more matter Of sent
ment and pride, perhaps than otherwise. But there
grave considerations beyond this eager and
earnest wish TO vindicate the autonomy Of North
Carolina Tho present constitution brought
thorough and sweeping revolution in every depart
ment of the State government II did violence to all
fbo hali 10 audr Of Tim u,