Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1876-10-13
TIE HON. ESTEAD Provision
WHO AXE ITS FRIENDS

contains the provisions OF that 1nstrn
ment for the preservation of mems
homestead from the calamities and
miafortunes of life and was not chang
ed in any respect by the Convention.
Why it was not changed we propose
to consider this morning. It will be
remembered that the act Of Assembly
calling the Convention required the
delegates to take solemn oath to obey
the restrictions contained in the Act.
1t will be remembered too. that dullng
the whole Conven tiou campaign last
year, Radical speakers and Radical
papers everywhere declared that thst
oath and those restrictions were not
binding In law and would not be regard
ed. It will be Remembered too that
Mr.. Tou, gee for himself and twenty
four other Radical delegates, as soon
as the members of the Convention had
entered th;- hall aud had been called
to order by Judge Settle, offered the
following protest:
We, the undersigned. delegates elect
to this Convention protest against the
validity of tho oath prescribed IN the
act Of the General ASSEMBLY calling
this Convention as being beyond the
power ofsany Legislature TO Impose,
contrary to the political history, u*ag
es and p,ecedentA heretofore acknoW l.
EDGED AID acted upon for forty years
by both political parties in this State,
subversive Of the rights and deroga-
tory to The dignity of the people OF
the State.
This protest was signed by A. w,
Tourgee, of Guilfoid, G. u. French, S.
FL. Manning, o. New Hanover, o. Il,
Dockery. of Richmond, Radical candi-
date for Congress, J. ". Albertson,
of Perquimans, the Radical candl-
date for Secretary of State, W. HI.
Wheeler, of Forsythe, the Radical
candidate for Treasurer, and twenty
other Radicals more or less prominent
in the State.
Now what was this terrible oath
that was so subversive of the rights
and derogatory to the dignity of the
people % It reads as follows
"You, do solemnly swear that you
will faithfully maintain and support
the Constitution of the United States
and the several amendments thereto.
including the 18th, 18th and 18th
and that you will neither
nor indirectly evade or disre-
gard the duties imposed upon the
Convention by the act Of the General
Assembly authorizing your election.
So help you God"
And what are the restrictions that
were imposed upon the Convention by
the act of Asse .nbly that called it into
existence? They read as follows :
Said Convention shall have no pow
er to consider, debate, adopt or pro-
pose any amendment to the existing
or ordinance upon the
following subjects
The Homestead and Personal Prop
erty Exemptions, the Mechanics and
Laborers' Lion and the rights Of mar
ried aOOnie1a as 1aOaU secured by laaO nor
alter or amend section 3 or 5. article
7 of said Constitution, nor change the
ratio between the poll and properly
tax as therein established lor shall
the said Convention have power TO
propose or adopt any amendment CT
ordinance vacating any Office or term
of Office now existing and filled or held
by virtue of any election or appoint
ment under the existing Constitution
and laws, until the same shall be
vacated or expired under the existing
Constitution and laws; but the said
Convention may recommend the abol-
ishment of any Office when the present
term therein shall expire Or va
cances shall occur and they may
provide for filling such vacancies,
otherwise than as now and limiting the
terms thereof. Nor shall tho Conven-
ton adopt or propose any plan or
amendment or scheme OF oompensa-
ton to the owners of emancipated
slaves nor for the payment of any liza
billy or debt incurred wholly Or in
part in aid of the late war between the
States, nor for the restoration of i'm
pri.onment for debt nor shall they
require or propose any educational or
property qualification for Office Or
voting nor shall said Convention pass
any ordinances legislative in their
character, except such as are necessary
to submit the amended Constitution
to tho people for their ratification or
rejection or to convene the General
Assembly.
Was there anything so dreadful in
these restrictions as to be subversive
Of the rights and derogatory to the
dignity of the people of North Caro-
lima! It will be observed that this
Radical protest was not satisfied to de
clare that the oath and restrictions were
simply not binding, because beyond the
power of any legislature to impose,
but it goes on further to declare that
they were subversive of the rights and
derogatory to the dignity of the people
In view OF all this, will any one be
surprised to learn that the only ordi-
nance proposing to interfere with the
homestead provisions was introduced
by Radical delegate, and that, the
Democrats being in the majority, it
was promptly decided to be beyond
the power of the Convention to con-
slider or act upon
What record the Radical party has
thus made for itself on the Homestead
question A Democratic legislature
forbids the Convention it has called
into existence to interfere in any way
with the Homestead provision, and
requires the members of the Conven-
ton to take a solemn oath not to in
terfere with it. The Radicals on the
stump and on the press with one con-
sent declare the oath and restrictions
not to be binding in law. and twenty
five of the delegates enter upon the
records of the Convention their solemn
protest, not only that the OATH and
restrictions are not binding in law,
Init that thew are snhveraiva of fho