Year: 1874




elf, in your opinion, material
changes in the Constitution ought
to be speedily made, which mode of
making those changes, do you think
the best interests of the people of
North Carolina demand should be
adopted, that by Legislative enact
ment or that by Convention p


I have no hesitation in saving
that the mode of amendment BY a
Convention is, under-existing Cir
cumstances not ssonly the better of
the two suggestions, but in my
humble judgment, the only mode
from which We can hope to obtain
such a Constitution as our people
need and deserve. After q careful
consideration Of the present Con-
stitution and an experience of its
practical working, l do not think
that by any system of Legislative
patchwork-custing of here, splic>
ing there, inserting in one place,
and striking out in another-it can
be changed into a systematic and
harmonious whole. The defects
are too numerous, too radical,
too much in detail and toe
complicated in It's various provi-
sions, to be remedied in this way.
The wisdom of the best Legislatures
which there is any reason to hope
will not be equal to the task of SC
grating amendments on the exist.
ing stock, as by curing its defecss
and supplying its wants, to render
it desirable instrument. To OBJ.
tain such q fundamental law as we
need, the Constitution should be re.
written a whole and l do not see
how this can successfully be done,
except by a Convention.


To amend by legislative enact
ment, each amendment, or each bill
containing amendments, must pass
two General Assemblies. How
many of these amendments are nee
essary, and how many bills it would
take, no one has yet taken the
time and trouble to cipher out. In
the late effort made in this way
there we're sixteen in one bill. The
next General Assembly dropped
eight of these, and now the ques,
ton is pending before the Supreme
Court whether the other eight have
heen constitutionally adopted. My
opinion, formed after investigation,
is that they are not. How the
Court will decide the question can
not now be known. But should il
decide that the amendments were
properly adopted, still grave ques
tions of construction will be pre-
sented, and, as to one of these
amendments, l think the Court will
be compelled, by reason of other
provisions, to give 1t such construc
ton as will defeat, in great meas,
ure, the purpose of its adoption
THIS experience illustrates bo h the
difficulties above suggested; first il
procuring the adoptron Of proper
amendments, and second,i in so IRAN
ing and adding them to the ,xist-
ing instrument, as to carry out the
purpose intended. On the Other
hand, Convention, having the
whole matter before it could SO
mould and adapt the various parts
to each other, as TO produce uni
form and consistent whole.





Admitting, as all seem to do, the
necessity for amendments, is there
any sufficient ground to hope that
we can obtain them all, except
by a Convention? There is the
requisite two-thirds majority now,
to call it; if this opportunity is lost,
l greatly fear that it will; not soon
occur again.


Suppose the ensuing General Ass
sernbly should pass the desired
amendments; these have to pass
the next General> Assembly by a
vote OF two>thirds of all the mem
bers of each House. In 1876 the
Presidential election will take place.
The election in North Carolina will
be as it was in 1872, the big slir.,
nish preceding the great battle.
He is much more sanguine than l
am, who can really entertain the
opinion that with the immense issues
at stake, and with all the influences
which will be brought to bear on
the election, we can again carry
two thirds of the Legislature. If
not, these amendments are defeat>
ed, and another delay is inevitable.
Considering the difficulty of obtain
ing a two thirds majority, who can
T..