Year: 1866

The Late Convention and its Proposed Consti-


tuition.


The following letter, which permitted to publish
addressed to member of the late State Convention
1t discusses the proposed change in the basis of repre-
sentaon and takes the ground that the Convention had
power to revise the Constitution that it's action this
respect null and yod and be rendered valid by
a vote of the people ratfying the Although the
letter was not originally intended for publication the
points named discussed with mastery ability and
indeed, the whole argument is unanswerabe.


My Dear SIR:


that my opinion with yours on the basis of re-
presentation and that without any reference the
numbers in the apf of the dp sections


the State was well enough satisfied with the previous
practical effect and would have been content abide by
them stu But But must own that as things 9 have changed
rest on principle sound in theory. Yet think them
Republican system it seems right that branch of


the Legislature ought to represent When that
because all equally affected by the laws that may
enacted. do not that all to vote for represen
ght to have equal cvitrghts that security per-
and property by the Constitution and the laws made
and such security not only due all persons their
right but is to the peace and welfare of the
the things the considerations totally differ
en They consist not in the rights above mentioned
held ulde the law but of the powers the Constu
ton and laws to make alter them which principally
n 90 i TO or
natural One but conventional and according to the
thereof regard being had the homogeniey
of the classes the safety of the existing government and
GUS intelligent vruous and valuable portion of the pop
ulaOn. These have always excluded women and
minors of the favored race from the po


itica powers in all countries and do still exclude them
being deemed lmpotc and unsafe to confde such pow
clude negroes now and ought to do for long time to
come if forever But the enquiry still presents ITSELF
whether though not voting they not properly to be


included in the estimate of population, when population
is assumed the proper basis of representation? 1t
seems to me that they ought agree, that " the Fede
raj bass it called the enumeration of certain
proportion Of them fixing the representation, gone
which have ceased to be applicable either to the
Federal State Representations But what other provi
be reasonably thought Of if numbers are to regulate
presentation to any extent and they first, the
Convention socaed has adopted neither but instead Of
it, the number of certain class of the people,
of representatives of the county; thus making white
women married unmarried and infants, part of the
basis of representation do not complain that those
portions of our white people thus included But
ask why they are included and why they ought to be in
they much bound by the laws that may be made,
who did vote for the deegates and therefore, the
delegates ought to be who their neghbors know
both in their wants and wishes and hence, the
Der of those who represent such people ought


Be in p0pn fs to to hs PSs Of Who'll the ssS
and guard the interests of all whether voters not
That is the principle which your Body rejected the
the criterion of the number of representatives,
and took the criterion the whole white population in
black free persons not also ncudednot voters,
but fixing the representation in point of numbers
plies with equal force to the blacks and of them
with greater force For example: the great burdens of
the latter not concerned the for
married but little and in poll taxes not at all,


thorn rnna
blacks what poll taxes shall be levied how they shall
be apPor9ned to property taxes and to what amount
who live where the most numerous who knew
their MEANS their willingness and their ability to pay this
be raised from them what they cannot will not willing
tress and oppression So with respect to military
vice. whether they be safely trusted in it now, at


utu[e aay "hetner sey sna OF sna not De .ranea 10
whether they shall be educated they may be abe and


from what sources revenue needed for tie purpose
shall ought to be drawn These besides many other
points, vital questions to the which those
living among them must be better informed and the
representation from the county ought to embrace
share of the required knowledge guard the right of these
people, keep clear the for their advancement, and
make them happy their subordinate and dependent
condition will allow 1t to me- therefore, that your
Body adopted the basis of representation that
black casses and think it. of ITSELF entirely sufficient
ground for the popular rejection of the Constitution
called by all the citizens of the State and especially by
those who reside in those portions of the State which
the blacks are numerous


But ask the liberty of expressing further and more
general reasons for the opinion entertain that the
called Constitution Constitution ALL and for that
ions whether good or bad approved or disapproVed.
your opinion this point have not read
il0'iE u your pio'00:inSS
will therefore, proceed to my views for your
that they will meet your appreciation,
or if not that you will favor with yours opposition,
that too, may have both sides before me, and be, my
SELF brought back to the right path from which may
have strayed


Conven ion was not legitimate Convention and had
power make Constitution for us, to alter that
which we had and have and that it cannot be made
by popular sanction If these positions
be correct ought rejected by people, the
easiest, simplest, and most efficient method of settling
the points at rest and avoiding many perplexing and
dangerous questions before the Judiciary. object to
the organization of your Body Convention because


was called without the of the people of North
his orders; act of clear and despotlc usurpaton,
State or it's If 5e said the President or
his satrap-his Governor of Province-did not CALL
rather constitute the Conyention but the delegates were
stituted. deny it directly and positively The delegates
were not the choice OF the people Tor IN the
eligible and those of the persons who might vote for
them strictly presented in manner variant from
large portiOn-some would the best portion-of our
qualified citizens In many cases our people were not
represented but in fact misrepresetCd. The acts
of body be said to be those IF the people of
the State They not entitled to obedience and cannot
The whole proceeding out of arbitrary assumption
overthrowng all notions of popular governments and de-
dom and when is put to the people for their sanction
rejection then let every man who was excluded from
king tin choosing the men who did make it, and wish
to be dragooned into its adoption" " and let every
say No! the best in the country allowed
voice in constituting the Convention eectng its
MEMBERS and will not sanction their osracism by xir
on them Constitution-an unalterable law-mposed Oh
them by body in which they were not heard, and from