Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1875-01-01

oCChSibu WIS hFalieu OF, not merely
insert in the fund amental law the p,
sc1lptlon of Congress, but to introdu
a new and alien system in almost
respects, accompanied by requil
ments and dec arations known to
offensive, and designed to perpetua
the feud of the recent war; all in t.
hope of founding aud installing
power party which it was imagin,
would dominate for years to com
with but little If any responsibility +
invasion of the property or rights
the citizens. 4 constitution with sus
an origin and such features rather r
Gulres Justification from those appro
ing 1t, than to have its defects pointe
out by those desiring amendmen
1t would be passing strange that
convention, such as that by which
was produced, should have given 1
one, SO su ted to our wants, Hishe
and habits, that we should be afrai
TO entrust its revision and "merdmoI
10 deIe gates, chosen in & time OF Quie
ude Ike the present, from the wises
and best citizens Of each county, hay
Ing interests, feelings and sentiment
III unison with the communities i
which they reside. 1t is. in my jude
nent, vain to think OF specific amend
ments, by what is called the Legisla
tive method, tue whole document re
qnlres to be recast and rewritten. Ee
sides, the constitution of Il free peopl
should not be made of shreds an,
patches, parts excepted out by lines O
circUmVention, and parts app, nded a
atter-tioughts o. cOdicils, bat like an,
other statute, should be made a clear
consistent, and harmonious whole: s.
as 10 bo, as little as possible, the sub
!ect Of construction; and 50 that intel
Hgent citizens as we'll as lawyers may
be readily assured Of its true meaning
1t would quite too much prolone
tins communication to specify every
particular i'll which amendment
may be desired. Indeed it is to be
hoped that It spirit of can.ior Will per.
wade the Convention, should one be
called, and that the Conclusions to
which II arrives shall be the reau!t Of
Il free conference among the inteIli-
gent and patriotic citizens cf which It
shall be composed. There are, how
ever, objectionable features SO giaring
RS 10 arrest attention. and call loudly
for amendment. 4 tew of these only,
does space allow me 20 mention.
And lst. Amendment is necessary to
q isembarrass voters, and to restore
the seI-respect, FpIrit and manhood
OF the citizens. by the existing Con
stltutlon 10 man sis allowed to vote
Without registration, nor to register,
without first taalDg an oath to sup
port the Constitution and laws of the
United States, and the Constitution
and laws of North Carolina not incon-
slstent Herewith" This requirement
of an oath is an innovation, designed
to cast suspicion n'the 10y atty Of the
people, both to the Federal and State
govern ment; and il effect to restrain
their opposition to any law OF either,
present or prospective, no matter how
1t savors strongly of
dictation by conquerors to a conquer
ed people. and is utterly at war with
that free spirit of inquiry and discus
sion with which freemen are accus-
toned to deal with their laws and even
Constitutions. it is so comprehensive
that few can conceive the extent Of the
obligation, and is calculated to cheap
en- the force Of oaths, and to bring the
government Into oliium. Why d.
nand al oath in the matter? 1t was,
md il, the pride of the people, that
hey render their duty 10 their coun-
ry IL whatsoever capacity rec. -lired;
md the differences arising out of the
ate war having been adjusted, they
claim the boon OF citizenship and SUIT
rage in ther own self-CoYernment as
hey enjo-cd it in former ears.
Whole generations Of their ancestors
nave lived and d]oi in the free exercise
If this right, without taking any oath
% government unless they were chos-
I'll to Office, III which case an oath 10
support the Constitution was ;rrOperiy
along with the official oath;
)ut never before was IL prescribed,
even by despot, that every person
'honld be bound by tn eth to sup
port and maintain every law as A con-
iition oT the enjoyment q LIS birth
light as a voter.
%. 1t Il necessary to emancipate
he Legislature, restore it to It's right
III and usual powers, and 70 avoid
he necessity tor frequent cIli5 for
Convention, or amendments 10 the
by other means. 70 tie
should pro oerly be en-
rusted, as was done III time past, the
equation OF details in the Judicial
establishment, county and other
governments, charitable
nd penal institutions, and tie reguln-
ion ct punishment for public Offences.
s is vain to provide i'll the declaration
# rights for tbe frequent occurrence
o Fundamental principles and that |
'fOr redress of grievances and for !
mendlng ana strengthening the lws, |
lections should be often held" if,
fter representatives, are chosen, they |
hall find themselves SO tIamelled by |
restrictions. that they
re powerless to effect the most obvi- |
us and necessary reforms. The |
,eople of to-day, through their
representatives. in tie General |
assembly, are quite as competent to |
Iecide as was the Convention Of 1867 |
# Justice, the number Of judges and !
ircuits required the mode Of gov
rning counties and neiGnhorhoods |
nd other matters OF Ike nature; ard |
hould be free from tine IL time, to |
1ake such alterations as public con-
enience, economy or accommodation |
nay require. Even now, when the !
1dicial business in large majority of !
be counties is despatched in a single |
7eek, the term is fixed by the Consti-
ution for two weeks, 30 less and no |
1ore, in each county, running the Cir
uits over into the depths of winter
nd into the season Of harvest, to the |
reat discomfort and Inconvenience Of /
he people. ] should myself favor
eturn to the Legislature, of the ap-
ointment of judges Of the Courts,
nd of those officers which the lev
ystem has transferred to The Cover
or, rendering the Executiye al Office. !
f great age-iHsonorci that Il /
as be9n made a grave question fog |
judicial determination, whether the /
legislature could employ printer, 81
1ere copying clerk, without an Ezecu-
we nomination.
3. Amendment IS necessary to re- !
,ove the antiquities of the Uonstitu-
on. Within the six years that it has
cen in operation there have been, ac
ording to the statement IN Battles |
.evisal, between twenty-five and thirty |
ecisions Of the Supreme Court re-