The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-05-10
JUDGE DOUGLAS CONCURS.
The Historical Status of the Case of
Henderson VS.. Hoke.

The Historical Status of the Case of
Henderson VS.. Hoke.
In the case of Wilson VS.. Jordan, JUS
ticc Douglas files a concurring opinion
in which he explains his position on the
entire line of political cases recently
decided, and reviews the case of Hoke
VS.. Henderson from Il constitutional and
historical standpoint. Each constitution
of North Carolina is taken up. and it is
shown that five of the six constitutional
conventions of North Carolina have been
held since Hoke vs.. Henderson was de
cided, and that any one of those conyen-
tions could have wiped out the doctrine.
But SO far from doing so, Judge Doug
las says they have recognized it by di-
rect implication and the decision has
been sustained by every court of North
Carolina from that day to this.
In 1885 constitutional convention
met on June 4th, and framed amend
ments to the constitution of 1776. which
were ratified by the people. In 1861 a
convention met and on May Goth, pass
cd the Ordinance of Secession. with
some other amendments. none of which
were submitted to the people. In 1860
Il convention met on October 9th, re-
pcaled the Ordinance Of Secession and
passed an ordinance prohibiting slavery.
This convention re-asSembled III May,
1866, and further amended the conStitu-
ton: but with the exception of the above
ordinances relating to secession and
slavery. the amendment were rejected
upon submission to the people.
"A convention, called by General
Candy, under the reconstruction acts Of
Congress, assembled on January II,
1868. and framed the CONSTITUTION of
1865" which was ratified by the people.
In 1870 convention assembled on Sep
tember 9th, and amended the constitu
ton in several particulars, their action
being ratified by the people at the cleo
ton of 1876 In addition to these con-
yentions, several amendments have been
made by legislative action and popular
ratification. such as the celebrated Free
Suffrage" amendment of 1854, and those
prohibiting the payment of the special
tax bonds. relating to the election Of
trustees of the University, increasing the
number of Justices of the Supreme court,
and some relating to other particulars
sci out principally i'll chapters 81, 81, So.
81, So Sc. 81, and SO of the Laws of
1S12-I3. The various amendments made
many changes of far reaching results.
including the successive Reputation of
the governments of the United States
and of the Confederate States, but the
underlying principles of Hoke VS.. Hend-
erson remained unchanged. In fact, the
convention of 1885, by necessary impli-
cation. appears to have endorsed the
opinion. Assembling within less than
eighteen months after its rendition,
Judge Daniel and Judge CASTOR. though
still Justices of the Supreme court, APP
peared as delegates to the convention
from their respective counties of Halifax
and Craven and actively participated in
its deliberations. In fact, Judge Castor,
as chairman and spokesman of the com
mittee appointed ITO consider and re-
port the manner in which it will be ex
pedient to take up the business of this
Convention, became its leading spirit