The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1901-01-01
MATTEROF $30,O00AYEAR
In the Constitution Published in 1859
Appears Amendment Of 49,
NO ACTION SINCE 1879 IS RECALLED
The Words INDECENT Insane Were Inserted II
'7e in Place Of All the Insane as the
Provision Of SO Read. The Re-
version is Unauthorized.

To rho Editor: In your issue OF De-
cember 10th you published an lntefVle"
in regard to the States Insane, disclosing
condition of affairs which IS great
surprise to me, as it must be 10 nahy
others LAWYERS as we'll as the puolic
generally So great was my surprise that
! have investigated the subject some
what. and strange as it may seem, ma
il true that the published constitution OF
the State. relative to the care for the
deaf mutes, the blind and the insane mas
been changed apparently without any au-
1hority or warrant Of law.
I find the facts tc be SUBSTANTIALLY
these: Article XI Section u, OF the
Constitution of 1868, reads as follows:
THE General Assembly shall provide that
all the deaf mutes the blind and the IN
sane of the State, shall be cared for az
the charge of the State. Such was the
law and so it appeared in the brennan
publication of the Constitution from 1868
to and including 1879.
But for some reason this provision
seems to have become unpopular, for the
General Assembly of 1879 passed an
49,
mitted the same to a vote of the peo-
nle for ratification, which made Article
XII. Section 10, read as follows: The
General Assembly may provide that the
INDECENT deaf mute blind and insane OF
the State shall be cared for at the charge
of the State
This amendment was voted on by the
people in November, 1880, and duly ratl-
fed and adopted by majority of TO- O4
the vote being canvassed by Chief Justice
Smith and Governor Jarvis, with W. H
Bagley acting as secretary, as was pub
lished in the News and Observer under
date of December 9th and December 10Th
1880. And on December 18th, 1880, GOV
ernor Thomas j. Jarvis issued his procla
nation setting forth the official coun
and declaring this amendment to the Con
stitution duly adopted and ratified accord
ing to law.
The Constitution published in 1881 drop
ped the provision of 1868 and inserted the
amendment of 1879. And again in 1SS;
a copy of the Constitution was prepared
by the Code Commissioners, approved b.
the General Assembly OF that year an(
published in the Code, with the provision
of 1858 omitted and the amendment c
1879 inserted and as authority for th'
change reference is made to the Acts o
1879 chapter 314. So too the b-ennia
publication Of the Constitution from lSS
to 1887 inclusive contained the amendmen
of 1879 in place of the provision of 1868
In 1889 the biennial publication of tn
Constitution omitted the amendment O
1879 and inserted in its stead the pro
vision of 1868 Why this was done and b.
what authority | have as yet been unabl
to learn. l find no allusion to the subjec
in the Acts of 1887 or 1899; the Secretar
of State cannot account for it, and publ
men whose recollection is perfectly clea
as far back as 1879, cannot explain il
but are perfectly certain that there ha
been no change of the Constitution in thi
regard authorized since 1879.
1t is well nigh uncomfortable that an
one for purpose should have falsifed 0
caused to be falsified SO sacred thin
as the Constitution Of the State; an
there must have been some authority &c
the change or else it was a most IN
precedented blunder. 1t is certainly mos
remarkable that the amendment of 1877
which had been published five differer
times within ten years, should have bee
entirely overlooked, and the provision
1868 which had been replaced and ha
not been published for ten years, inserte
verbatim in it's stead.
If | have overlooked anything in cor
nection with the matter. | trust some or
better acquainted with the facts and tt
history of the times will make it plail
Some explanation of so markable an OF
currence should be had.
1t is likewise a matter of practical in
portance. The difference between carir
for ''all the insane and the .'indige1
insane only at the charge of the Stat
probably means $4,000 or $4,000 a yea
TO the taxpayers. which with the publ
treasury in it's present condition. is g
item worthy of serious consideration
With the institutions for the insane aSl
ing for increased appropriations it migl
be wise for the General Assembly to az
certain if the will Of the people as c,
pressed in the Constitution and the pet
tons of the institutions for more none
may not be complied without addition
burden to the public treasury and tt
taxpayers of the State.
This must not be construed as an a
tack upon these noble institutions, wnit
are a blessing to humanity and an hon,
to our State. Never since the touchi1
appeal of that angel of mercy, Dorotht
Dix, has the State turned a deaf ear
these unfOrtunates whom God has mac
public charge; still from the readi1
of the Constitution it seems that II
people do not intend to assume as ;
additional burden those who, though b
reft of reason, are blessed with world
goods and therefore able to pay for the
own care and treatment
ALEX. j. FIELD.
Raleigh, N. G., Dec. g.