Wilmington journal., 1875-07-30
ow: according to the old custom of the

will require me to be absent from the
State at the time of the election, and
the feeble condition of my health. in
the meantime, prevents my presence
among you rs I desired. 1 therefore
address to. you this paper as an apollo
gy for my absence, and brief state
ment of my views on some of the top
les involved in the election.
You will see, On reading the Conven-
ton act, that the Convention is to be |
one of limited power.
l. There is no danger in it to the |
rights of the colored people, because |
their rights are secured by the Consti |
tuition of the United States, and the !
Convention of State could not abridge |
hem, if it were SO disposed.
2nd The Convention is expressly |
forbidden to abridge the rights OF
failing debtor to his Homestead, and
the Exemptions of personal property |
now allowed.
3D. L cannot take away the mechan- |
ics' and Iaborers' lien. nor from married
women the right to their separate prop
erty, and in various other particulars
it can make no change in thu regula-
tions at present existing.
4th. The Convention is also forbid
den to legislate, that is, to pass laws
on any subject; this power being left
to the Representative of the people at
the usual sessions of the Legislature,
and the power of the Convention being
tconfined to regulating the organization
of the several departments of govern
ment, the declaration of principles,
and the establishment of very general
rule s.
It can therefore lay no tax, nor ena It
any law as to the existing public debt
whether the claim be fur or fraudu-
lent) that subject having been with
drawn from the Constitution by amend
ments adopted by vote of the people
in 1873, and placed under the control
of the Legislature where it w. always
considered to belong, till guarantees
for its full payment, principal and in
terest, were foist I'd into the Constitu-
tion of 1868. These, by the amendm ents
aforesaid, have now been repealed. [
have thought it proper, thus to state the
substance of the Convention Act, be-
cause understand that attempts are
made to prejudice the freedmen
against the Convention upon the old
cry that it is designed to put them back
into slavery; cry which they have
sone reason to distrust after ten years
of freedom, during which the rlgh ito
personal liberty in the white man (and
it is the same for the colored) has been
! subjected to the severest of trials, and
came out victorious through the old
writ of Ha6eds corpus; also that spec
ial pains are being taken to excite fears
as to the safety of Homesteads, liens of
mechanics and laborers, and on other
heads; all of which are forbidden to be
touched in Convention, by the 4th sec
tion of said act.
But it is said that Convention is
but an epitome of the people. and
can't be restricted by limits on it's
powers.
This can hardly be called North
Carolina doctrine, since we had Con-
which were limited and they all sub
nothing beyond them. But however
this may be, the people have the reius
in their own hands in choosing dele
gates, and can protect themselves
against perils of this kind, by refusing
to elect any man who will not agree to
abide by the restrictions. The fiery
steed that shows beforehand that he
| Will kick out of the traces, should not
he hitched in, but be left to some other
occasion which will be free for any
thing.
Another class of objectors to Con-
vention, it is said are of the opposite
kind, though in close alliance with the
above.
They are willing to be elected, go to
Raleigh, adjourn and come home
again. For any useful work these re-
quire the spur rather than the rein.
Now the principle of these men is but
notification in new and most OBJ
jectionable form. BY adopting the ex-
existing Constitution. it was ordained
that he General Assembly, by majori-
ties of two thirds of each House, might
call Convention, and when the pres
ent Convention act passed by these
majorities, it became as binding. as if
it had been voted for by every citizen.
their appointed agents that the Con
stitution should be revised, and after
such amendments as the Convention
should devise, the sork should be
submitted to the people for approval
or rejection, and the man who is not
willing to assist in this work to the
best of his ability, but will hide his
light under bushel whatever it may
be, and not lend it to the reform and
improvement of its government. is on
ly endeavoring to npilify and make
void a constitutional law, which must
be executed and every consideration
of patriotism requires, that it shall be
executed in good faith.
The people surely will hardly require
such an agent for such a work, any
more than they would commit the
work of a hive to the drones. A Con
vention then, we are obliged to have;
and the only concern with the people,
at present, is what delegates they will
elect. The fact is not to be disguised,
that notwithstanding the votes of some
conspicuous Republican members in
favor Of the measure, the great body
of the Republican leaders in the State
have made this strict party question.
| and that they design by some pol .cy
or other, to endeavor to elect MAORI
ty of members of the Convention in
order to retrieve past defeats, and to
make the appearance to the world that
they are in the ma ority in North Car
oliEa, and ready to cooperate as such,
in the elections of 1876; and the dis
satisfied Conservative, who by indiffer-
ence refuses to vote, or throws away |
his vote, but aids them i'll the desire, |
to the sacrifice of his principles and the |
party organization on which he habit
ually relies for the promotion of the |
good of his country. There is but one
point of view in which the Convention
may be regarded as at all dangerous
assembly; and that is, if this party
should obtain a majority and by
combination of the two elements afore-
said, the do-nothings and the mischief
makers, and should run riot over the
restrictions upon the Convention, in
sist that its powers are unlimited. and
Hof To- oIofo or fbo;r |
might thus establish whatever regula-
tions might be deemed of advantage to
their party in State or in national
affairs, and provide for laying of Dis
tricts for the election in the future of
colored judges, or other officers, in
order to secure party support; and oc-
casiOn miscellaneous cOntantinn and tha |