Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1876-06-16
THE AMENDMENTS HOME
srEan PROVISION.

The tenth article of the Constitution
contains the provisions OF that lnstru-
ment for the preservation OF mems
homesteads from the calamitles 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 act of Assembly
REQUIRED the delegates to the Conven-
tion to take a solemn oath to obey the
restriotions contained in the Act pro-
bibiting changes from being made IN
certain portions of the Constitution.
tt will be remembered too, how during
the whole convention campaign last
year. that Radical Speakers and Radl-
cal papers everywhere declared that
that oath and those restrictions were
not binding in law and would not be
regarded. 1t will be remembered too
that Mr.. Tourgee for himself and
twenty four other radical delegates, as
soon as the members of the Convention
had entered the hall and 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 the oath prescribed in the
act of the General Assembly calling
This Convention as being beyond the
mower of any Legislature to impose,
contrary to the political history, usages
and precedents heretofore acknowl-
edged and acted upon for forty years
s,y both political parties IN this State,
snbyersive of the rights and deroga-
tory to the dignity of the people OF the
State.
This protest was signed by A. W.
Toureee, of Guilford. G. u. French,
8. Fl. Manning of New Hanover, o.
FL. Dockery of Richmond, }. W.
Albertson of Perquimans and twenty
other Radicals more or less prominent
in the State.
Now what was this terrible oath
that was SO 'tsubversive 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
amendments, and that you will neither
directly 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.
The following are the restrictions
that we're imposed upon the Conven-
yention by the act of Assembly that
called it into existence:
Said Convention shallhave no power
to consider debate, adopt or propose
any amendment to the existing Con-
stitution or ordinance upon the fol-
lowing subjects:
The Homestead and Personal Prop
ertv Exemptions. the Mechanics and
Laborers' Lien and the rights Of mar
ried women as now secured by law nor
alter or amend section 3 or B, article
Y of said Constitution; nor change the
ratio between the poll and property
tax as therein established; nor shall
the said Convention have power to
propose or adopt any amendment or
ordinance vacating any office or term
of Office now existing and filled or held
by virtue of any election or appoints
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
adjustment of any office when the
Dresent term therein shall expire or
vacancies shall occur and they may
provide for filing such vacancies,
otherwise than as now and limiting the
terms thereof. Nor shall the Conven-
ton adopt or propose any plan or
amendment or scheme OF compensa-
ton to the owners OF emancipated
slaves nor for the payment OF any lia-
bility or debt incurred wholly or IN
part in aid of the late war between
the States nor for the restoration of
imprisonment 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 neces-
sary to submit the amended Con-
stitution to the people for their
ratification or rejection or to
convene the General Assembly.
Was there any thing SO dreadful in
those 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
declare that the oath and restrictions
were simply not binding because be- |