Wilmington journal., 1876-08-25
THE HOW ES,rEA ID Pa, VGSIO>-
WHO ARE ITS FRIENDSl

contains the provisions OF tnat 'lnstfu'
ment for the preservation of mems
homesteads from the calamities and
misfortunes of life and was not changed
in any respect by the Convention.
Why it was not changed we propose
to consider this morning. It will be
remembered that the nct of Assembly
calling the Convention required the
delegates to take a solemn oath to abey
the restrictions contained in the Act.
IT will be remembered too, that during
the whole Convention campaign last
year, Radical speakers and Radical
papers everywhere declared that that
oath and those restrictions were not
binding in law and would not be re-
garded. It will be remembered too
that Mr.. Tourgee for himself and
twenty~four other Radical delegates,
a. soon as the members of the Con-
vention had entered the hall and had
been called to order by Judge Settle.
offered the following protest:
We, tie undersigned, delegates elect
to this Convention protest against the
validity of the oath prescribed in the
act of tho General Assembly calling
this Convention as being beyond tue
power of any legislature to impose,
contrary to the political history, usages
and precedents heretofore acknOwl-
edged and acted upon for forty years
by both political parties III this State.
subversive CT the rights and deroga-
tory to the dignity of the feople of the
State.
This protest was signed by A. W.
Tonrgee, of Guilf1rd, G. z French, 8.
Fl. Manning, of New Hanover, 0. I'll.
Dockery, of Richmond, Radical candi-
date for Congress, j.. W. Albert
son, of Perquimans, the Radical can
didate for Secretary of State, W. II.
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 80 "subversive of the rights
and derogatory to the dignity of the
|
lyon, do solemnly swear that you
will faithfully maintain and support
the Constitution of the United States
and the several amendments thereto,
including the 18th, l4th aud 18th
amoEdments, and that yOn will neither
directly nor indirectly evade or disre-
gard the duties imposed upon the
Convention by the act of the General
| III nJn
So help you God"
And what are the restrictions that
were imposed upon the Convention by
the act of Assembly that called it into
existence? They read as follows:
Said Convention shall have no pow-
l er to consider, debate, adopt or propose
r any amendment to the existing Con.
stitution or ordinance upon the follow
ing subjects:
Ihe Honlestead and Personal Prop
J erty ErenajDtio,ts, the Mechanics and
Tied ,OOn,en as fO,U secured by IdaO nor
utter. or anaend section. 3 or 5, article
J. of said GOnstitutiOn, nor change the
ratio between the poll and property
tax as therein established; nor shall
j the said Convention have power to
7 propose or adopt any amendment or
ordinance vacating any office or term
: of Office now existing and filled or held
J by virtue of ary election or appoint
q meut under the existing Constitution
and laws, until the same shall be
vacated or expired under the existing
l Constitution aud laws; but the said
: Convention may recommend the abol>
, | ishment of any office when the present
term therein shall expire or va.
cancies shall occur and they may
provide for filling such vacancies,
otherwise than as now and limiting the
terms thereof Nor shall the COnven
tion adopt or propose any plan Oh
amendment or scheme of cOmpensa-
tion to the owners of emancipated
! slaves nor for the payment of any liza
4 bility or debt incurred wholly or i'll
part in aid of the late war between
the States nor for the restoration OF
imprisonment for debt; nor shall they
Q require or propose any educational OIL
property qualification for Office OF
q voting; nor shall said Convention pass
any ordinances Legislative in their
| character, except such as are necessary
s to submit the an ended Constitution
= to the people for their ratification OIL
y
: Assembly.
Was there any thing 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 tC
declare that the oath and restrictions
were simply not binding because be
yond the power of any legislature te
impose, but it goes on further to de-
clare 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 ordinance proposing to interfere
' with the homestead provisions wa.
introduced by Radical delegate ant
that, the Democrats being in the ma
jority, it was promptly decided to b,
beyond the power of the Convention
to consider or act upon
What record the Radical party ha.
i thus made for itself or the Homestead
question! A Democratic legislature for
4 bids the Convention it has called into
existence to interfere in any way Will
the Homestead provision aud requires
l the members of the Convention tt
take solemn oath not to interfer,
with it. The Radicals on the stum1
and on the press with one consent de
u | clare the oath and restrictiOns not n
Il be binding in law and twenty-five O
the delegates enter upon th'
| records of the Cnnvention thai. col