Year: 1866

chose rather to submit such and
the conqueror under the name Of Convention cannot
in its acts vaidy transcend the authority conferred it
when 1t called, and to perform the very high
est of all delegated power that of framing Constitution
nd re & OF all the e b
posed by people all the different departments of gov


to naram crsn snec acts to annn t
ordinance of and tender return the Union
claim its continued existence under the Constitution of the
United States emancpate the slaves and ordain that
slavery shall never hereafter exist in this State and to


first promptly and in satisfactory and the
third at the last moment under dctaton and in confor-
nifty to ORDERS after having refused to adopt the
measure. All was DONE say that required and Mr..
Johnson proclaimed that he had got all he waned that


atives in Congress conformity rights State,
and to our law regulating elections Was there any thing
any other purpose, by those who allowed to
vote for the members? How dare they, then, go
binding elected other ends and also
that large portion of the patriots and heroes
doned rebe who not allowed to vote at all The
without parallel precedent until the pre-
sent term of Radical assumption of power in dominant
military or numerical majority without respect for
rg or the Constitution As far as they safely can and
& they the Ought % 6e to That
allowed to vote and trust they will do this
sion without connection in support Of the great principle


their own and not be made subject to
power or by traction Of their fellow citizens


You will that have hitherto discussed this sub
anu
sttuon and, on that basis deny the authority
form of for us But the clause in our Consti
tution touching its amendment the call for Conven-
ton for that purpose is clear and precise against
any such Convention have had to put the point
beyond doubt argument, it seems to Two modes
the agency Of the General Assembly, proposing amend
ment for ratification by of the people, which need
a prescribed the Constitution which is the m
ter for consideration 1t is obvious that prescrb-
ing these two all other modes excluded by rressti-
BILE inference In respect to Convention the words are


No Convention of the people shall be called by the Gen
all the members of each House of the General Assembly,
In either the regularly constituted authority of the
of the government, which doubt upon the sound
principle laid down in the Rhode Island case order
to what is the Constitution. IT, then, the two modes
designated the only by which the Constitution
vention not Constitutional ConoeatiOn, and there
fore its acts are Uold.


r. Yielding then that Mr. Johnson,s and Mr..
Holden's Convention might. by popular acquies-
cence adopt for the demanded by hem yet
Carolina under their Constitution and could not there
FORE alter that instrument any Of those points which
State for example, the basis of representation the quail


hcatons OF the representa- lves and of the voters the
judges thereof the tenure of their Office and that of the
executive, or the like No dsquison render these
graph of the Constitution itself. The conclusion
can only be evaded by establishing as truth,





in force and that position cannot be true unless be
also admitted that other part of it in force in
people without Constitution or law of any sort It
necessarily comes to that and that ought to be- and
can be, yielded Perhaps it would be sufficient for
present purposes, say that, your Conven-


on does not assert such doctrine but plainly proceeds
Constitution still subsisng and to make one a5-
oigie and by designating the old laws still in force
sitting under the auspices secession. Indeed it is i'm
possible under aspect of law understood
be treated considered being without any law
ministers of the law by Conquerors The security
Contracts still subsst Can it. for instance be- Supposed
for moment that upon the death of proprietor there is
body can? On the contrary Say, that the laws of North
law and if it is then to be deduced that there could
be Convention to brogate to alter that law unless
coroary, your Convention had power the pre-
mses and pretended powers and acts ought to be
but ought to be opposed and rejected 1t would seem
that that body of the defect of its powers
the submission of those acts to the people, thus seeking
the requisite confirmation. But in truth such conrma-
derived from that pro-
vision in the Constitution which makes the Convention
nulity equally excludes the efficiency of popular major
ity to annul Constitution and make another. AS the
act of people living under constituted Government,
the vote OF the Is prOp0 Ugore Intellectual
without the assent of the subslsg Constitutional Gov
ernment and its directions for taking the and
tanning the majority. Without such previous authority
and regulations the majority, physically able may
throw the existing Government, but it only do by
revolution and not possessing legitimate delegated Of


flee and power need not however, date further this
topic the grounds and authorities which the doctrine
depends according to recolecons, set forth in
Do,s case Then, people of State cannut by their
direct vote, abrogate or make Constitution without
isting Government as in DORIS case much less can they
do it, when the Constitution then subs sting specially
provides other modes for eectn these purposes and
excludes all besides, which is case


arrive then, at these results that the Convention
not constitutional it had no powers and could not





have powers, and that neither the Convention nor
the people had the premises by consequence
The Convention unauthorized body and therefore,
than voluntary collection of many
eepa to


thing which the people, under Constitution not
the conont resolutions and of the two bodies have
more effect than than that of either by itself
clude is cannot be made one by what


What, then, does it behoove the people to do? They
ought it to promptly and decisvey to reject
the whole project If it be suggested that, in expe
rience all Conventions since those of 76 which formed



further risks and especially that at least those who
adoption reply no The great principle of political
and civil liberty, that people may and ought to make
doing they ought to be careful to proceed in the regular
and peaceful method which is prescribed instead of
uncertainty as to the validity of their dongs and conse
quent commoons arise furnish the strongest

proposed and wait for the action OF the Leg
slature in proposing of amendments to the people,
duly calling of Convention which would have le
gitimate power to adopt them.


Let adduce case, which Iought to have added
to the efficiency of the popular vote per adduce it,
because is level to the apprehensons of and
exhibits in strong light the correctness of the argument
against popular power-a majory-over the Con-
stitution Of nation The to which allude is that of
Government;of the United States. The Constitution
there specifies the modes amendment modes intended
protect minortes against superior numbers. Now sup
pose upon this assumption that the people may do to