A report on the convention of the people in North Carolina, 1776-1958

w::i

)Xlr

THE LIBRARY OF THE

UNIVERSITY OF

NORTH CAROLINA

THE COLLECTION OF
NORTH CAROLINIANA

INSTITUTE OF GOVERNMENT
UKIVEESITY OF NOBTH CAEOIINA
CHAPEL HILL

SPECIAL STUDY JUNE, I958

A REPORT ON
THE CONVENTION OF THE PEOPLE
IN NORTH CAROLINA

1776 - 1958

Prepared for
The North Carolina Constitutional Commission

.. ^ John L. Sanders

Assistant Director of the Institute of Government

CONTEOTS

Page
Introduction ,•*.• •••••••••• 1

The Nature of the Convention of the People » • <> • 3

The Use of the Convention in North Carolina • • 8

The Method of Calling Conventions •••••••••••t* 10

The Constitutional Provision •••••••t««e*« 10

The Practice 10

Fifth Provincial Congress, 1776 • « • 11

Conventions of I788 and I789 11

Convention of I835 . 12

Proposed Convention of 1861 •••«»»*t*«**t* 1^

Convention of I86I-62 « 1^

Convention of I865-66 1^

Convention of I868 15

Proposed Convention of I87I •••••• . 16

Convention of 1875 . . • • » 16

Proposed Convention of 1919 •••••••••••••• 16

Proposed Constitution of 1933 17

Proposed Convention of 1933 ....... 17

Page

Limitations Upon the Powers of Conventions •• •• 19

Fifth Provincial Congress, 1776 20

Convention of I788 .••.••• t •••• . 20

Convention of I789 20

Convention of I835 ••••• •.••• 21

Proposed Convention of 1861 ...••.••••.••• Zk

Convention of 1861-62 ....• 2^1-

Convention of I865-66 •• •»•••••• 25

Convention of 1868 26

Proposed Convention of I87I 27

Convention of 1875 »..#••• !••••• 28

Proposed Convention of I919 .•*....*t*ti*« JO

Proposed Convention of 1933 .»•• •••«• 31

Provisions as to Miscellaneous Matters . • o « • • • . 31

Summary ••••« •...•«.,..,,,, 32

Membership of Conventions , 33

Appendix t*...««. ....•♦..., 36

INTRODUCTION

The Constitution of North Carolina contains two distinct and
alternative procedures for its apiendment. Both were first inserted
in the Constitution by the Convention of l835> and while they have
both undergone changes in the intervening years, they retain the
same independence of character x^rith which they began.

The first method of constitutional amendment is by a conven-
tion of the people, called by the General Assembly (two-thirds
of the members of each house concurring) with the approval of the
people at the polls, -^ While the Constitution does not expressly
empower a convention to amend the Constitution—indeed, it grants
a convention no poxjers at all--the principal use to which conven-
tions called under this provision have been put has been the
proposal of amendments to the s tate Constitution,

The second method of constitional amendment is by initiation
of a proposal by the General Assembly, three-fifths of the whole
membership of each house concurring, and its ratification by the
people at a general election,*^

The purpose of this report is to examine the first of these
methods of constitutional amendment, the convention. The nature
and function of the convention of the people will be dealt with
briefly. The use of the convention in North C Carolina, the methods
used in calling conventions in this State, the membership of the
several North Carolina conventions (including the apportionment

^Constitution of North Carolina, Art, XIII, Sees. 1 and 2,
^Amendments of 183$, Art, IV, Sec, I, Cls, 1 and 2.
^Constitution, Art . XIII, Sec. 1,
^Constitution, Art, XIII, Sec, 2*

of delegates), and the limitations upon the powers of those con-
ventions will be discussed herein. Substantive natters dealt
with by the conventions are not considered here.

In the Appendix to this report will be found all of the pro-
visions of the Constitution of North Carolina which have, from
time to time, governed the two methods of constitutional amendment,
and all proposals for altering the amendment procedures which have
been submitted to but rejected by the people.

THE NATURE OF THE COIWENTION OF THE PEOPLE

By the Declaration of Independence, the thirteen American
Colonies absolved themselves of all allegiance to the British
Crown, and brought to an end the sovereignty of the Croim within
their terri t cries. Immediately the question arose, where
should sovereignty thenceforth reside? What should be the source
of authority of governmental institutions?

It was entirely consistent with liberal eighteenth century
political theory that the Declaration should affirm in ansxrer
"That to secure these rights"— life, liberty, and the pursuit
of happiness —

"Governments are instituted among Men, deriving their
just powers from the consent of the governed; That
whenever any Form of Government becomes destructive
of these ends, it is the Right of the People to alter
or to abolish it, and to institute new Government,
laying its foundations on such principles, and or-
ganizing its powers in such forms, as to them shall
seem most likely to effect their Safety and Happiness."
Or, in the less elegant but more forthright language of the
opening lines of the North Carolina Declaration of Rights of 1776,
"all Political Poxjer is vested in and derived from the people only."

The governments initially established by the nevj states to
carry on the governmental functions which had theretofore been per-
formed under the authority of the Croim were revolutionary in nature.

•'•Declaration of Rights, 1776, Sec, 1,

2

and drew their pouers directly from the people* The assemblies

which during the Revolutionary period framed the first state
constitutions were for the most part the same bodies which carried
on the ordinary legislative business; the concept of the constitu-
tional convention as it has since developed was then in its infancy.
In some cases these constituent assemblies acted with the express
or implied approval of the people they represented in framing and
adopting constitutions; in other cases they acted mthout such
approval. The constitutions so framed were generally not submit-
ted to tlie people for approval, but became effective upon the
authority of the assemblies which wrote them,-' But always the
constitution-makers acted in the name of, and as delegates of,
the sovereign people, "[W]e the Representatives of the Freemen
of North Carolina" read the preamble to the North Carolina Con-
stitution of 1776,

"chosen and Assembled in Congress for the Express pur-
pose of framing a Constitution under the Authority of
the people, most Conducive to their Happiness and Pros-
perity do declare that a Government for this State shall
be established in manner and form following , , , ,"^
The convention of the people is recognized as a distinctly
American contribution to the science of government. It vxas born
of the necessity for some extraordinary political instrumentality
whereby the people of each state might exercise their sovereign
power to establish and modify the fundamental law and form of

Salter F. Dodd, The Revision and Amendment of State Consti-
tutions 20-21 (Baltimore: Johns Hopkins Press, 1910).

^. at 2U-25.

^Constitution of North Carolina, 1776, Preamble,

government under which they would live. Such pov/er could not nor-
mally be entrusted to the regular legislative body vjithout sacrific-
ing the stability and relative permanence of the fundamental law
and system of government which the safety and happiness of the State
and its people required. Hence there developed, during and shortly
after the Revolution, the concept of the convention of the people,
especially convened at infrequent intervals, composed of delegates
elected by the people for that particular service, and clothed with
the full powers of the sovereign people of the state — "the people
in convention assembled,"-' Because of this peculiar status, the
work of such conventions was often not submitted to the voters
for their approval, for the people had already expressed their
will, through their delegates, upon the matters acted upon in
convention.

While the main function and the principal business of the
convention has always been the establishment or modification of
the fundamental law of the state, yet, being all-powerful, con-
ventions have often acted upon matters apart from the writing
and revising of state constitutions. Conventions in North Caro-
lina took this State into the Union, seceded from it, cast her
lot with the Confederate States, and then nullified the act of
secession and re-established the State as a member of the Union,

It was this concept of the convention as the instrument for
the exercise of the sovereignty of the people that was generally
understood and accepted by the delegates to the North Carolina
Convention of 1835 when they wrote the first provision of our

^Dodd, op. cit, supra note 2, chapters 1 and 2

Constitution relating to conventions. They said;

"No Convention of the People shall be called by the General
Assembly, unless by the concurrence of two-thirds of all the
members of each House of the General Assembly,"
And that is all they said on the subject, They were not grant-
ing to the people any new power or privilege, Four conventions
(including that of 1835) had written and revised the Constitution
of this State before the Constitution itself ever contained a word
on the subject of convention. They provided a mechanism for cal-
ling a convention, but made no attempt to define or limit the
powers of a convention, once assembled. This was proper, for the
convention was not the creature of the Constitution; the Consti-
tution was the creation of conventions, and it would have been a
vain thing to have bounded the authority of a convention by the
terms of an instrument which a convention could alter at its pleasure.

Absent limitations imposed by the people themselves, a con-
vention of the people of North Carolina could completely discard
the Constitution of this State and write a new one, rearranging
the structure and redistributing the poi'fers of government as it
might see fit (subject only to the limitations imposed by the
United States Constitution), and promulgate the new Constitution
without any opportunity on the part of the people to express their
will in the matter, for there is no requirement that the work of
a convention be submitted to the people for approval before taking
effect.

This is, to be sure, a rather extreme statement of the theory

^Amendments of 1835, Art, IV, Sec, 1, CI, 1,

concerning the power of the convention of the people, and as vfill
be pointed out later in this report, the practice in North Carolina
seldom has fully conformed to the theory of the omnipotence of the
convention. Yet it is necessary to understand the full implications
of the theory in order to understand the range of authority con-
ceded by the Constitution of North Carolina to reside in the
convention.

THE USE OF THE CONVENTION IN NORTH CAROLINA

There have been eight conventions of the people of North
Carolina which have dealt with state constitutional matters.

(1) The Fifth Provincial Congress of North Carolina framed
and ratified the Declaration of Rights and Constitution of 1776,

(2) The Convention of 1788 was called primarily to consider
ratification of the federal Constitution, but also fixed the seat
of government of the State,

(3) The Convention of 178? vxas called primarily to reconsider
ratification of the federal Constitution, but also adopted one
amendment to the state Constitution,

(Li) The Convention of l83$ proposed extensive amendments
to the Constitution of 1776, which amendments were ratified by the
people,

(5) The Convention of 1861-62 took North Carolina out of the
Union and into the Confederacy and framed and ratified several amend-
ments to the state Constitution, without submitting any of these
matters to the people for ratification,

(6) The Convention of 1865-66 adopted ordinances voiding
the secession ordinance and abolishinj^; slavery, both of which vere
approved by the people; and it drafted and submitted to the people
a revised state Constitution, which was rejected.

(7) The Convention of 1868 drafted and submitted to the
people the Constitution of 1868, which was ratified by the people,

(8) The Convention of 1875 drafted and submitted to the people
several amendments to the Constitution of 1868, vjhich were ratified
by the people.

In addition, there have been three conventions proposed by
the General Assembly to deal with state constitutional matters,
but which never met:

(1) The proposed Convention of I86I was rejected by the
people ,

(2) The proposed Convention of I87I was rejected by the

people,

(3) The proposed Convention of 1919 was never voted on by

the people.

^There has been one convention proposed to consider ratification
of an amendment to the federal Constitution. Public Laws 1933 » C, ^+03
submitted to the people the question, whether a convention should be
held in 1933 to consider ratification of the 21st Amendment; the con-
vention proposal was rejected at the polls.

10

THE i^jETHOD OF CALLING CONVENTIONS

The Constitutional Provision.

Prior to 183$, the Constitution of North Carolina prescribed
no method for calling a convention of the people of the State.
The Amendments of 183$, Article IV, Section I, Clause 1, pro-
vided that no convention shall be called except upon the con-
currence of two- thirds of all the members of each house of the
General Assembly. No vote of the people on the question of con-
vention or no convention was then required. This provision re-
mained unchanged until 1876, when it was amended to require (in
addition to a favorable vote of two-thirds of each house of the
legislature) that the holding of a convention be approved by a
majority of the votes cast at an election on the proposition,
convention or no convention. This provision remains in force
today.
The Practice.

While a vote of the people on whether to hold a convention
was not required by the Constitution until I876, the General
Assembly has in fact submitted that issue to the voters xnth re-
gard to every convention proposed by the General Assembly since
1789, with the exception of the Conventions of 1861-62 and l87$.
The Convention of 1865-66 and that of I868 were both called under
non-legislative authority, the former by the authority of the
President and the latter under the Reconstructions Acts of
1867, Nevertheless the question, convention or no convention,
was submitted to and answered affirmatively by the voters with
reference to the Convention of 1868.

11

Fifth Provincial Congress, 1776.

The Fifth Provincial Congress of North Carolina, which vfrote
and ratified the Declaration of Rights and Constitution of 1776,
met according to adjournment of the preceding Congress. The Con-
gress derived its status as a constituent assembly (or constitu-
tional convention) from a resolution of the Council of Safety,
adopted 9 August 17%, which advised the people of the State that
the representatives whom they would elect to the Fifth Provincial

Congress would, in addition to their usual legislative functions,

2
be responsible for framing a constitution for the State. The

vote for members of the Congress was the only vote of the people
with respect to this Congress and its work. Neither the question
of whether the Congress should write a Constitution, nor the
question of whether the Constitution adopted by it should be ap-
proved, was submitted directly to the people.
Conventions of 1788 and 1789.

The Constitution of 1776 prescribed no mode for calling a
convention of the people, nor was any mode of constitutional
amendment set forth in that document. That the power of unending
the Constitution resided in the people in convention assembled seems
nevertheless to have been the accepted theory. When the General

Assembly adopted resolutions calling for the election of delegates

•J ]
to the Conventions of 1788 and 1789 (called primarily to con-
sider ratification of the United States Constitution), it also

•'•The Journal of the Provincial Congress of North Carolina,
Held at Halifax, November the Twelfth Day, Anno. Pom. 1776, 10
Colonial Records 913.

^Journal of the Council of Safety, Begun and Held in the
Town oflialifax, 21st July, 1776. 9 Aug. 1776, 10 Colonial Records 696.

^Senate— First Journal— 1787, 6 Dec, 1787, 20 State Records 371.

^Senate Journal-1788. 17 Nov. 1788, 20 State Records 5lU-5l5j
House Journal— I7H57 19 Nov. 1788, 21 State Records 6b.

12

authorized those conventions to act on matters in the nature of
amendments to the state Constitution, The Convention of 1788

fixed the capital of the State and the Convention of 1789 granted

7
Fayetteville a member in the House of Commons, There was no di-
rect vote of the people on whether either of these conventions
should be held, nor was their work submitted to the people for
approval.
Convention of 183$»

The (jeneral Assembly of 183)4-35, in calling for a vote of
the people on vrhether a convention should be held to propose amend-
ments to the state Constitution, introduced two significant practices
in North Carolina: first, that the question of whether a convention
should be held should be determined in a popular referendumj and
second, that the amendments agreed upon by a convention should be
submitted to the people for ratification before becoming effective.
These practices have generally been followed with regard to all
subsequent conventions the call for which has been initiated by
the General Assembly, although until I876 there was no constitu-
tional requirement that the question of convention or no convention
be submitted to the people and the Constitution has never required
popular ratification of the work of a convention. The acts which
authorized a vote on the calling of the Convention of 1835 provided

%ouse Journal— 1787, 6 Dec, 1787, 20 State Records 197
(authorizing the Convention of 1788 to fix the seat of government) ;
House Journal— 1788, 19 Nov. 1788, 21 State Records 68 (authorizing
the Convention of 1789 to grant Fayetteville a borough member in
the House of Commons),

^Papers of the Convention of 1788, p, 90, MS in State Department
of Archives and History, Raleigh,

"^Journal of the Convention of N,C,, 1789, 21 Nov. 1789,
22 State Records 5Q-5IT

^Laws l83"ij^35, C. 1,

13

that all persons entitled to vote for members of the House of
Commons — the largest group of electors in the State — were entitled
to vote on the question.

The Convention of 1835 adopted and the people ratified a pro-
cedure for calling conventions which remained unchanged until
1876, It read as folloi/s;

"No Convention of the People shall be called

by the General Assembly, unless by the concurrence of

two-thirds of all the members of each House of the

9
General Assembly."

A procedure for legislative initiation and popular ratification
of constitutional amendments vjas also adopted in l835j this pro-
cedure, however, was wholly independent of the convention process,
which did not require popular approval of amendments adopted by
a convention. The apparent reason for this difference between
the two processes lies in the fact that a convention is,
in theory, the people of the State in convention assembled and
unless othen-Jise limited, is vested with the whole political
power of the people. Hence there is no need for further re-
ferral to the people of matters which they have already, through
their delegates, acted upon. On the other hand, the General
Assembly is a body of limited powers and is not entrusted with
the power to amend the Constitution without further reference
to the will of the people.

9

Amendments of l835i Art. IV, oec, 1, CI. 1,

lOAmendments of 1835^ Art. IV, Sec. I, CI. 2.

11;

Proposed Convention of I86I.

In early I86I, with the threat of civil conflict lowering,
the General Assembly authorized a popular vote on whether to
call a convention of the people "to consider all grievances
affecting North Carolina as a member of the Confederacy lUnion], . . ,"
The people rejected the proposed Convention of I86I by a narrow
margin.
Convention of 1861-62,

Shortly thereafter, an extra session of the General Assembly
exercised its power to call a convention without holding a popular
referendum on the issue; furthermore, the act calling the convention

did not require that any constitutional amendments it might adopt

12
be submitted to the people for ratification.

Convention of l86g-66.

As a part of the presidential plan of reconstruction. President
Johnson appointed a Provisional Governor of North Carolina and di-
rected him to convene a convention of the people of the State to
amend the Constitution and to take such other action as might be
necessary to restore the relationship of North Carolina to the
Union, Upon this authority, the Provisional Governor issued
his proclamation, calling for the election of delegates to the
Convention of 1865-66, without submitting to the people the
question whether a convention should be held,!^

llPublic Laws I86O-6I, C. 17,
l^Public Laws I66I (1st Extra Session), C. 9.
13 Proclamation by President Andrew Johnson, 29 May 1865,
7 Richardson, Messages and Papers of the Presidents 3510-3512 (c, 1921 ed.),

•^Proclamation by Provisional Governor W, VJ. Holden, 8 Aug, 1865,
William W. Holden, Record Book Relative to the Provisional Government,

1665, 132-137, MS in State Department of Archives and History.

15

The Convention of 1865-66, convened under this authority,
drafted and submitted to the people the proposed Constitution of
1866, which would hfve eliminated the po^jer of the General Assembly
to initiate amendments and would have revised the section relating
to conventions to read as follows:

"No Convention of the people shall be called otherwise than
by the General Assembly, and then only by the concurrence
of two thirds of all the members of each House of the
General Assembly, No part of the Constitution of the
State shall be amended, unless by a Convention, the
delegates whereof shall consist of the same number as

the members of the House of Commons and be chosen by

l5
the qualified voters for members of such house, "'^•-'

Upon submission to the people, the proposed Constitution of
1866 was rejected.
Convention of 18666

One year later, as a part of the Congressional plan of Re-
construction, the Commanding General of the Second Military Dis-
trict issued an order calling for a vote of the people on the
question of holding a convention to revise the Constitution of
the State, ■^° The people approved, and the Convention of 1868
thereupon met and proposed the Constitution of 1868, which the
people ratifiedc'That Constitution brought forward without
significant change the 1835 provisions concerning conventions
and the amendment process. '

•^^Proposed Constitution of North Carolina, 1866, Art, VIII,
l^General Orders No, 101, 18 Oct, 1867, Jonathan Worth Letter

Book, 1865-1667, 637-6UO, MS in State Department of Archives

and History,

1 '^Constitution of North Cgrolina, 1868, Art, XIII, Sees. 1 and 2,

»1 I .\ .-T \

16

Proposed Convention of I87I,

In 1^71, the General Assembly proposed that a convention be

-1 Q

held to amend the state Constitution, but the voters rejected
the proposal.
Convention of 3.875 «

Four years later the General Assembly called the Convention

19
of I875 without a vote of the people on the issue. Among the

amendments adopted by the Convention of 1875 and subsequently

ratified by the people of the State was a revision of article

XII, Section 1, -which reads as follows:

"No Convention of the people of this State shall ever
be called by the General i^ssembly unless by the con-
currence of ti'jo-thirds of all the members of each House
of the General Assembly, and except the proposition, Con-
vention or No Convention, be first submitted to the
qualified voters of the whole State, at the next general
election, in a manner to be prescribed by law. And should
a majority of the votes cast be in favor of said Conven-
tion it shall assemble on such day as may be prescribed
by the General Assembly,"

This section has not been amended since I876,

Proposed Convention of 1919.

Only once since 1875 has the General Assembly proposed the

calling of a convention to consider state constitutional matters,

In 1917 an act was adopted providing for a vote of the people

iQpublic Laws 1870-71. C, 211.
^9public Laws 187^-75. C, 222,

17

20

in I9I8 on whether a convention should be held in 1919« As a

result of the entry of the United States into World War One, the

issue was left off the 1918 ballot, and therefore the will of the

21
people was never expressed on the matter.

Proposed Constitution of 1933*

The Proposed Constitution of 1933 » as approved by the General
Assembly, would have continued the section concerning conventions un-
changed except in two respects: the question on convention or no
convention would no longer have been required to be submitted at the
next general election following adoption by the General Assembly of a
convention act, but would have been submitted "in a manner to be pre-
scribed by law"; and thereafter a convention, if called, would have

consisted of 120 delegates, "elected upon basis of the membership in

22
the House of Representatives."

Proposed Convention of 1933*

The General Asseinbly of 1933 desired to propose a convention to
consider ratification or rejection of the 21st Amendment to the United
States Constitution, repealing the prohibition amendment, Donflicting
opinions were held by legislators as to the mode in which the conven-
tion should be called and the time the issue of convention or no con-
vention should be submitted to the people, if it should be submitted
at all. An advisory opinion was sought from the members of the Supreme
Court with respect to two pending bills.

^Qpublic Laws 1917. C. 60.

"TDillard S, Gardner, The Proposed Constitution for Morth Carolina
7 (Chapel Hill: The Institute of Government, 19J,'4-),

22

Proposed Constitution of North Carolina, 1933, Art, XII, Sec, 1,

This Constitution was never voted on by the people, and so never became

effective.

18
The Justices advised that the question was one of federal
law, and so could not be answered authoritatively by them. Never-
theless they agreed that a convention called under Article XIII,
Section 1 of the state Constitution would be authorized to act
upon the proposed federal constitutional amendment, n majority
thought a convention called by the legislature without first

submitting to the people the issue of convention or no convention

23
would not be valid for any purpose, -^

jinother request was made by the General Assembly for the

opinion of the Justices as to whether the legislature could call

for a vote of the people on the convention question at a special

election in November 1933. ^^ majority of the Justices concluded

that a convention called in this way would be valid for the purpose

oh

contemplated. Chief Justice Stacy agreed, and went on to point
out that in providing for the calling of a convention for the pur-
pose of acting on a federal constitutional amendment, the General
^.ssembly may proceed under article XIII, Section 1, "or it may
call such convention in the exercise of its plenary powers without
regard to the provisions of said section," ^ The convention

7f,
question was accordingly submitted to the people in November 1933 »

and the proposed convention was rejected by a substantial majority.

^3opinions of the Justices in the Matter of Calling; a Con-
vention, 20'^ N.C, 806 (1933).
2¥ld, at 811-817,

^^Id, at 81U,

^"^Public Laws 1933. C, 403.

19

LIMITATIONS UPON THE POkiLRS OF COIWENTIONS

As has been noted, theory holds that the convention is pos-
sessed of all the political power of the people, and so cannot
be limited by action of the ordinary agencies of government in its
exercise of that power. Yet the practice in North Carolina has
seldom allowed conventions the full range of authority which theory
claims for them.

Whether, and by what means, the powers of a convention of the
people can be restricted by the act of the legislature calling (or
proposing that the people call) a convention has long been a sub-
ject to delight the heart of the political theorist, and has at
times posed very practical political and judicial problems in
some other states. In North Carolina, hoviever, no serious diffi-
culties have arisen in this respect, for the various conventions
have followed the instructions and limitations imposed on them by
the convention acts under which they were called into being, where
those acts were ratified by action of the people in voting for a
convention. With time, the practice in this State has hardened
into a practical modification of the theory of the unlimited con-
vention, so that it is now generally accepted that if the proper
devices be used, the powers of a convention can be limited by the
terms of the convention act, approved by the people in voting for
convention.

To understand how the concept of the limited convention has
developed in North Carolina, it is necessary to examine briefly the

^See Advisory Opinion of Stacy, C. J., in Opinions of the
Justices in the Matter of Calling a Convention, 20U N. C. ^06
at ai2 U933).

20

limitations which have been imposed on each of the conventions
he3,{J iii this States since 1776.
Fifth Provincial Congress, 1776.

The resolution of the Council of Safety of 9 August 1776,
impliedly approved by the people in casting their votes for
delegates to the Fifth Provincial Congress, conferred on the
Congress the poxo'ers of a constituent asserably. That resolution

stated simply that the Congress would "form a Constitution for

2
this State," There was no further limitation placed on the powers

of that Congress,

Convention of 1788,

The Convention of 1788 was called by the General Assembly for
the purpose of deliberating and determining on the Constitution
of the United States. By legislative resolution, it was recom-
mended to the people that they also direct their convention dele-
gates "to fix on the place for, • . the unalterable Seat of Govern-
itient for this State," Wo other constitutional matter was acted
upon by that convention.
Convention of 1789.

The Convention of 1789, which was also called by the General
Assembly "for the purpose of deliberating end determining on the
proposed FoederalConstitution," was further authorized by the
General Assembly to consider the propriety of granting the Town
of Fayetteville a borough member in the House of Commons, a privilege

^Journal of the Council of Safety, Begun and Held in the Town of
Halifax. 21st July, 1776, 9 Aug, 1776, 10 Colonial Records 695^

3Senate— First Journal— 1787, 6 Dec, 1787, 20 State Records 371.

^House Journal— 178 7i 6 Dec, 1787, 20 State Records 197.

Ssenate Journal— 1788, 17 Nov, 1786, 20 State Records 5lU-5l5j
House JouiFnal— 1788, 19 Nov, 1788, 21 State Records 66,

Silouse Journal— 1788. 19 Nov, 1788,' 21 State Records 68,

21

which had been granted by the Constitution of 1776 to six other
borough toims,'^
Convention of l83$.

The Convention of 1835 was proposed by the legislature for the
primary purpose of revising the system of representation in the
General Assembly so as to give greater weight to the increasingly
populous Peidmont and West, The legislatively predominant East
would not agree to call a convention except under very strict
limitations upon its power with respect to changes in the repre-

Q

sentation basis. Accordingly, the act T\rhich put to the people
the question of convention or no convention embodied the compromise
which made the convention possible.* that the Senators should be
elected from distiTlcts laid off by counties in proportion to the
public taxes paid to the State by the residents of the respective
countiesj and that the House of Commons should be apportioned one
member to each county, with the surplus distributed among the
counties in proportion to their federal population. It was left
to the convention to fix the number of Senators at not less than
3U nor more than ^0, and the nvimber of Commoners at not less than
90 nor more than 120, and to draft amendments based on the compromise.
The Convention was also authorized (but not required) to devise
amendments (l) abolishing the right of suffrage among free Negroes,
(2) abolishing borough representation, (3) modifying the dual office
holding prohibition, (U) equalizing the poll tax on slaves and free

^Constitution of North Carolina, 1776, Sec, 3

^Laws 18314-35, C. 1, C. 2,

22

white polls, (5) providing for biennial instead of annual sessions
of the General Assembly, (6) providing for popular election of the
Governor, (7) amending the section of the Constitution of 1776 im-
posing a religious test for office holders, (8) providing procedures
for the removal of certain state officers for disability or mis-
conduct, (9) providing a procedure for the amendment of the Con-
stitution in future, and (10) with respect to several other topics.
The statute expressly provided

"that if a majority of voters, at the election first
directed to be held by this act, shall be found for con-
vention, it shall be considered and understood, that
the people by their vote as aforesaid, have conferred
on the delegates to said Convention, the povjer and
authority, to make alterations and amendments in the
existing Constitution of the State, in the particulars

0

herein enumerated or any of them, but in no others,"
To clinch the matter, every delegate to the convention was required,
before taking his seat, to swear that he vjould not, "either di-
rectly or indirectly evade or disregard, the duties enjoined or
the limits fixed to this convention, by the people of North Carolina
as set forth in the act of the General Assembly" providing for the
calling of the convention. Finally, it was required that the amend-
ments proposed by the convention be submitted to the people for
their ratification before becoming effective.

Immediately the delegates to the Convention of 1835 assembled

9Laws_l83U-3|, C. 1, Sec, Ih.

23

and before they took the oath of office, a question was raised,

10

"whether the Legislature had a right to impose the oath prescribed,"

After some desultory comments by others, Mr. Justice William Gas-
ton, a delegate, made answer in a speech which settled the issue,
and which still constitutes the clearest exposition upon the sub-
ject in its North Carolina context:

"Tlie State Legislature had indeed no authority to impose
an oath upon the members of the Convention, but the
People had ratified the Act of the Legislature, by
choosing Delegates under it. According to the theory
of our Government, all political pov/er was derived from
the People, and vrhen they choose to make a grant of power,
they might make a plenary or a restricted grant, might
give it all or in part. The Legislature by the Act
proposed to the People a Convention, with the powers,
restrictions and limitations set forth in the Act, It
was, as it came from the Legislature, no more than a
proposition or recommendation. It must originate some-
where, and with no body could it have originated with so
must propriety as in that which represented the people
for legislative purposes. The proposition having been
sanctioned, it became an act of the people j but it has
been sanctioned precisely as it was proposed. Such a
Convention as it proposed in the Act of Assembly, and no

•'-'^Joumal of the Convention Called by the Freemen of North
CarolinaT". . 1635, U^ U June 1035 (Raleigh; J, Gales & Son, ^1836) .

other, has been calledj and therefore that Act,
so sanctioned, must be regrrded as our power of
attorney. If we transcend the limits, or refuse
obedience to the conditions therein provided, we
are not the Convention called by the people, but
a self -constituted body."

Whereupon the delegates voted 86 to 22 tc take the prescribed oath

12

and organize the Convention of 183$.

Proposed Convention of l86l.

On 1 January l86l, the General Assembly voted to submit to the
people the question of vrhether a convention should be held v.iXh
"power to consider all grievances affecting North Carolina as
member of the Confederacy [Union! . . . ," and to exercise various
powers with respect to its own organization, the qualifications of
its members, etc,^ No further limitations or instructions were
embodied in the legislative act, and no requirement was imposed
that any constitutional amendment which the convention might adopt
should be submitted to the people for approval. The people re-
jected the proposed convention by a margin of 66l votes.
Convention of 1861-62.

With the actual outbreak of civil hostilities, a special ses-
sion of the General Assembly exercised its constitutional authority
and called for the election of delegates to a convention x^thout a
prior vote of the people on the issue of convention or no convention.

Hi

l^Id. at 7j U June 1835.

12 Id. at 8, U June 1835.

13 Public Laws I66O-6I, C. 17.

l^Public Laws I86I (1st Extra Session), C. 9.

25

This act included no limitation upon or instruction to the Con-
vention of 1861-62, except xiith respect to minor matters of
convention organization and the pay and mileage of delegates. The
Convention of 1861-62 exercised its authority by taking North
Carolina out of the Union, ratifying the Constitution of the Con-
federate States, and adopting a dozen amendments to the State
Constitution which went into effect without being submitted to the
people for ratification, ■'•^

During the year of its existence, the Convention of I86I-62
held four sessions. In addition to the transaction of business
appropriate to a convention, it granted divorces, chartered private
corporations, and generally exercised legislative authority, al-
though a session of the legislature was held in the meantime.
Convention of l86$-66.

Immediately following the close of the Civil War, as an
initial phase of his program of reconstruction. President Johnson
on 29 May 1865 appointed a Provisional Governor of the State and
authorized him to convene

"a convention composed of delegates to be chosen by
that portion of the people of said State x^ho are
loyal to the United States, and no others, for the
purpose of altering or amending the constitution
thereof, and with authority to exercise within the
limits of said State all the powers necessary and
proper to enable such loyal people of the State of

-^^rdinances and Resolutions Passed by the State Convention .
. . l86l^52TR"aleigh! Jno. U. Syme, 1062). ~~~

26

North Carolina to restore said State to its consti-
tutional relations to the Federal Government and to
present such a republican form of State government
as will entitle the State to the quaranty of the
United States therefor and its people to pro-
tection by the United States against invasion,
insurrection, and domestic violence, . , ,"
The Provisional Governor then issued his proclamation,

calling for the election of 120 delegates to the Convention of 186^-66

17

and apportioning them among the counties. The convention at its

1865 session voided the l86l ordinance of secession and abolished
slavery vdthin the State; these ordinances were submitted to the
people and ratified by them. At its 1866 session, the convention

revised the entire state Constitution and submitted it to the

19
voters, who rejected it. The submission of the constitution

to the voters was required under an earlier proclamation issued

20

by the provisional governor with respect to the convention.

Convention of 1868.

One year later, as a part of the Congressional plan of re-
construction, the Commanding General of the Second Military District
(composed of North and South Carolina) acting under the authority
of the Reconstruction Acts of 1867, called for an election of the
people of the State in Novenber 1867 on the question, convention

^"7 Richardson, Messages and Papers of the Presidents 35lO-3$12
(c, 1921 ed.).

17Proclamation by Provisional Governor W, VJ, Holden, 8 Aug, 1865,
William VJ. Holden, Record Book Relative to the Provisional Government,
1865, 132-137, HS in State Department of Archives and History.

^"Ordinances and Resolutions Passed by the North Carolina State
Convention, First Session, 1865, 39-UO, in Executive Documents, Con-
vention, Session 1865 (Raleigh; Cannon & Holden, 1865).

19proposed Constitution of North Carolina, 1866.

20proclamation by Provisional Governor W, W. Holden, 12 June 1865 j
William W. Holden, Record Book Relative to the Provisional Government,
1865, 5-10, MS in the State Department of Archives and History.

27

21
or no convention, and for the election of 120 convention delegates.

The people approved the holding of the Convention of 1868, the chief

business of which was the revision of the state Constitution,

The limitations upon and instructions to the Convention of

22
1868 are to be found in the Reconstruction Acts. The principal

requirements were that the new Constitution had to be "in conformity

with the Constitution of the United States in all respects", and

had not only to be ratified by a majority of those voting thereon,

23
but had to be approved by Congress as well. The Constitution

of 1868, drafted and proposed by this Convention, was ratified

by the people and approved by Congress,

Proposed Convention of 1871.

In 1871 the General Assembly submitted to the people the

25
question of convention or no convention, which the people rejected.

The convention act authorized that convention, if held, "to con-
sider and propose all necessary amendments and alterations to the
constitution not inconsistent with the constitution of the United
States", except for designated matters over which the convention
would have no authority whatever, including: the existing consti-
tutional homestead and personal property exemptions 3 the rights
guaranteed by the 13th, ihth, and l5th Amendments to the federal
Constitution; and the constitutional provision for a mechanics'

2lGeneral Orders No, 101, I8 Oct, I867, Jonathan VJorth Letter
Book, 1865-1867, 637-6UO, MS in State Department of Archives and
History,

22iU Stat. U28 (1867), C. l53j l5 Stat, 2 (I867), C. 6; l5
Stat, III (iBFf), C, 30,

^hh Stat. U28 (1867), C, 153, Sec. 5.
2U15 Stat, 73 (1868), C, 70,
2^Public Laws 1870-71, C, 211,

28

lien law. Furthermore, the convention was forbidden to pass or-
dinances of a legislative character. It was required that any
amendments adopted by the convention be submitted to the people
for their approval before becoming effective. As in 1835> it was
required of the delegates that they take an oath to abide by the
limitations pieced upon them by the convention act and adopted by
the people in voting for convention.
Convention of l87$»

Four years later, in 1875, the General Assembly exercised
its constitutional povxer to call a convention on its own authority,
without a vote of the people. The convention act, however, for-
bade the convention to consider or propose any amendment which
would have affected the homestead and personal property exemptions,
the mechanics' s and laborers' lien, or the rights of married uomenj
the legislature's taxing power or the debt limitation] or the ratio
between poll and property taxes established in the Constitution,
No term of office could be cut off by an amencjnent abolishing the
office, nor could compensation be alloxred the owners of emancipated
slaves. No educational qualification for voting or office holding
could be imposed. No ordinary legislative business could be handled
by convention ordinance. "The Constitution, as amended," was re-
quired to be submitted to the people for ratification or rejection.
The delegates were required to take an oath not to evade "the
duties enjoined nor the restrictions imposed upon the Convention
by the act of the General Assembly authorizing" their election.

^^Fublic Laws l87h-75, C. 222,

29

Note that here there was no vote of the people on whether the con-
vention should be held, and thus the concept could not be invoked
that the people had, by approving the holding of the convention,
given their sanction to the limitations imposed on the convention
by the convention act. At the outset of the Convention of 1875,
a group of 25 delegates formally protested against the requirement
that the delegates take the oath, but the convention as a whole

viewed the matter otherwise, took the oaih, and abided by moat of the

27
limitations placed upon them by the convention act.

• It is perhaps significant in this connection that the Con-
vention of 1875 proposed an amendment to the convention section
of the Constitution, requiring that as to all future conventions,
in addition to a two- thirds favorable vote in each house of the
General Assembly, the question of convention or no convention must
be submitted to the people at the next general election, and the
proposed convention must be approved by "a majority of the votes
cast" in such election. ^° This provision not only requires an ex-
pression by the voters on whether a convention vdll be held; it
also insures that whenever the General Assembly chooses to impose
restrictions on a convention by means of a convention act those
restrictions will perforce be adopted by the voters who cast
their ballots in favor of a convention and will thus be binding
on the convention, if held.

It should tie noted that vjhile the convention act expressly

^^Journal of the Constitutional Convention of the State of
North Carolina, Held in 1875, 3-U, 6 Sept. 1875 ^Raleigh: Josiah
Turner, 1875).

^^Constitution of North Carolina, Art. XIII, Sec. 1.

30

directed the Convention of 1875 to submit "The Constitution, as

29
amended," to the people for ratification or rejection, "^ the con-
vention in fact determined

"That the amendments to the Constitution of this State,
adopted by this Convention at any time during its ses-
sion, shall be submitted to the people for ratification

c . 30
or rejection, as a whole, at the general election. . ." of 1876.

It therefore appears that the Convention of 1875 clearly acted con-
trary to the instruction contained in the convention act in sub-
mitting amendments rather than a revised Constitution, However,
as the people had not had an opportunity to vote on the question
of convention or no convention and so had not bo\;uid the convention
to the terms of the convention act, and as they did ratify the
amendments submitted to them by the convention, no question could
be successfully raised as to the validity of the amendments pro-
posed by the Convention of 1875.
Proposed Convention of 1919,

Since 1875, the General Assembly has only twice put to the
voters the question of convention or no convention. In 1917, a
convention act was adopted calling for a vote on the issue at the

general elections of November 1918, the convention (if approved)

31
to be held in 1919. The act authorized tho convention, if called,

"to consider, debate, propose, and adopt any amendment to the exist-
ing Constitution, except such as would be in conflict with the Con-
stitution of the United States," There was no requirement in the
act that the amendments proposed by this convention be submitted
to the people for ratification or rejection, A unique feature of

^^Public Laws 187U-75, C, 222, Sec. 5.

3QAmendments to the Constitution of North Carolina, Proposed by
the Constitutional Convention of 1875, . ,~ , 67- 70" ( Rale igh : Josiah
Turner, 1875).

^Public Laws 1917. C. 60.

31

the proposed convention of 1919 was that an initial session of not
more than 30 days would have been held at which proposals for amend-
ments would have been received* Then an adjournment would have been
taken for 60 days, following which the delegates would have recon-
vened to consider and adopt amendments previously offered. The
total time allowed for the sitting of the convention (apparently
including the initial session) would have been limited to 60
days.

Due to the involvement of the United States in World War One,
the convention issue was left off the 1918 ballot, and so the people
never had a chance to vote on the question.
Proposed Convention of 1933.

Only one convention of the people of this State has been proposed
to consider ratification of an amendment to the federal Constitution,
that of 1933 » which the people rejected at the polls. The act calling
for a vote of the people on whether this convention should be held

specifically limited its authority to the one subject at hand:

32
consideration of and action on the 21st Amendment.

Provisions as to Miscellaneous Matters.

In addition to the instructions and limitations which the

convention acts have contained with respect to the substantive

matters to be considered or eschewed by conventions, each of these

acts has usually included provisions governing the qualifications

and mode of election of delegates; the mode of submitting to

the people the question of convention or no convention; the

^^Public Laws 1933. C. i+03.

32

procedure for making return of the votes cast and certifying the
delegates-elect; the time and place for the assembling of the
delegates; who should preside at the opening session of the con-
vention; the organization of the convention, including election
of officers, employment of clerks and other personnel, and sup-
plying of vacancies in the convention; and the per diem and mileage
of delegates.
Summary.

As tlie foregoing review shows, while the phraseology of the
North Carolina Constitution has alv:ays contemplated the convention
as the omnipotent instrument of the sovereign people, it i s never-
theless clear that as a practical matter there has been but one
entirely unlimited convention in the history of North Carolina,
that of 1861-62, The practical considerations as well as the theory
of the limited convention were well summed up in a dictum by the
late Chief Justice Stacy:

"[W]hile the Constitution apparently contains no specific
authority for limiting the pox-jers of a convention called
under this section, nevertheless the people themselves in
voting upon the proposition, 'Convention or No Convention,"
may perforce, in terms of its submission, limit the authority
of the convention, for, in this vjay, upon such condition of
limitation alone will the call for the convention be approved
by a majority of the qualified voters of the State,"

•^^Opinions of the Justices in the Hatter of Calling a Convention,
20U N.C. b06 at bl2 (1933).

33
MEMBERSHIP OF CONVENTIONS

Generally ppetiklng^ the total nemberahip of conventions and
the qualifications and apportionment of convention delegates among
the coxinties of the State have closely followed those of the lower
house of the General Assembly, These factors have in every case
been governed by the statute or ottier official act calling (or
authorizing a vote by the people on calling) a convention. The
Constitution has never fixed the number of delegates of which a
convention should consist or the method of their apportionment.
The proposed Constitutions of 186& and 1933r would have fixed
total convention membership at 120 and have apportioned the
delegates under the House apportionment formula in every case,
but both of those constitutions were rejected by the people.

The unicameral Provincial Congress was a state legislative
body v/hich functioned from 177U until the end of 1776. The Fifth
Provincial Congress, meeting in November and December, 1776, framed
and ratified the Declaration of Rights and Constitution of 1776,'
In that Congress, following the prevailing system of apportionment,

each of the 35 counties was allowed five members and each of the

3

nine borough towns vjas allowed one member.

In calling the Conventions of 1788 and 1789> the General
Assembly provided that each county should elect five delegates
and each of the six borough toims should elect one delegate.

■••Proposed Constitution of North Carolina, 1866, Art. VIII,
^Proposed Constitution of North Carolina, 1933, Art. XII, Sec, 1.
3The Journal of the Provincial Congress of North Carolina, Held

at Halifax. November the Twelfth Day. Anno, Pom, 1776, 12 Nov. 1776,

10 Colonial Records 913-915,

^Senate— First Journal— 1787. 6 Dec. 1787, 20 State Records 371;
Senate Journal— 17883 17 Nov. 1788. 20 State Records 51ii-51$j House
Journal— 1788. 19 Nov, 1788, 21 State Records 66.

3k

(From 1776 until 1835, the House of Commons consisted of two mem-
bers from each county, plus one member from each of the six — after
1789, seven — borough toims.)

The act calling the Convention of 1835 limited each county to
two members (the same representation each then had in the House of

Commons), but denied the seven borough towns the right of representa-

6
tion which they then enjoyed in the House of Commons, The Amendments

of 1835, which wrote into the Constitution for the first time a

method of calling a convention, made no provision as to the total

number of delegates who would compose future conventions, nor

7
was a system of apportioning members prescribed.

The acts calling, or authorizing a vote of the people on cal-

8 Q 10 11
ling, the Conventions of I86I, l86l-62,^ 1875, and 1919 each

provided that the convention should consist of 120 delegates, each
county being allowed the same number of delegates as it had members
of the House of Commons or House of Repre,sentatives under the pre-
vailing apportionment. The proposed Convention of 1871 would have
consisted of 121 delegates, one being allotted to the nei'ily- formed

County of Dare, and the other 120 being apportioned as was the House

12

of Representatives at the time.

The Convention of 1865-66 vjas called by proclamation of the
Provisional Governor under presidential authorization, and the
Provisional Governor fixed the number of delegates at 120 and

^Constitution of North Carolina, 1776, Sec, 3,

^Laws 183U-35, C. 1, Sec. 8,

"^Amendments of 1835, Art, IV, Sec. I, CI. 1.

8 Public Laws I86O-6I, C. 17, Sec, 6,

^Public Laws I86I (1st Extra Session), C. 9, Sec, h,
IQpublic Laws l87lj-75, C. 222, Sec. 2.
^^Public Laws 1917, C, 60, Sec, 2.
l^Public Laws 1870-71, C. 211, Sec. 8,

35

13
prescribed his ovm scheme of apportionment. The Convention of

1868 was called by vote of the people in an election called by the

Commanding General of the Second Military District, ijho apportioned

the 120 delegates (the number having been fixed by act of Congress)

according to the voter registration in the several cotinties.

VJith the single exception of 1835, the election on the question

of convention or no convention (if submitted to the people) and the

election for delegates to the convention (if called) have been held

at the same time.

While precedent exhibits a clear pattern of legislative pre-
ference in the matter of the size and mode of apportionment of
conventions in North Carolina, this is still a matter for de-
termination by the General Assembly. There is nothing to pre-
vent the legislature from proposing a convention composed of one
delegate per county, or of 50 delegates elected from Senatorial
districts, or of any other number of delegates chosen on any
other representation basis it might deem expedient.

13

-^Proclamation by Provisional Governor VJ. W, Holden, 8 August

1865, William W. Holden, Record Book Relative to the Provisional
Government, m65, 132-137, KS in State Departiient of Archives
and History.

■^General Orders No. 101, 18 Oct. 1867, Jonathan Worth
Letter Book, 1865-1867, 637-6h2, MS in State Department of Archives
and History,

APPLMDK ^^

AI-ENDtiENTS TO THE
CONSTITUTION OF NORTH CiiROLINA

1835
"ARTICIE IV.

"Section I.

"1. No Convention of the People shall be called by the
General Assembly^ unless by the concurrence of two-thirds of all
the members of each House of the General Assembly,

"2. No part of the Constitution of this State shall be al-
tered, unless a Bill to alter the same shall have been read three
times in each House of the General Assembly, and agreed to by
three-fifths of the whole mjimber of members of each House res-
pectivelyj nor shall any alteration take place until the bill so
agreed to shall have been published six months previous to a new
election of members to the General Assembly, If, after such pub-
lication, the alteration proposed by the preceding General Assembly,
shall be agreed to in the first session thereafter, by tvjo- thirds
of the whole Representation in each House of the General Assembly,
after the same shall have been read three times on three several
days, in each House, then the said General Assembly shall prescribe
a mode by which the Amendment or Amendments may be submitted to the
qualified voters of the House of Commons throughout the State] and
if, upon comparing the votes given in the -tjhole State, it shall
appear that a majority of the voters have approved thereof, then,
and not othervirise, the same shall become a part of the Constitution,"'

■^•Journal of the Convention, . . 1835, 100 (Raleigh J J, Gales
& Son, lb35). ~~~" ~

37

PROPOSED COWSTITUTIOW OF 1866

"Article VIII.
"Conventions*

"No Convention of the people shall be called otherwise than by the
General Assembly, and then only by the concurrence of two thirds
of all the members of each House of the General Assembly. No part
of the Constitution of the State shall be amended, unless by a
Convention, the delegates whereof shall consist of the same num-
ber as the members of the House of Commons and be chosen by the
qualified voters for members of such house,"

^Enrolled Constitution of North Carolina, 1866, MS in Secretary
of State's Office: This proposed constitution vjas rejected by the
people of the State at an election held in August 1866. it would
have eliminated the power of the General Assembly to initiate and
submit amendments to the people.

38
CONSTITUTION OF NORTH CAROLINA

1868

"Article XIII.

"Amendments

"Section 1, No Convention of the people shall be called by the
General Assembly unless by the concurrence of two thirds of all
the members of each House of the General Assembly

"S ec. 2, No part of the Constitution of this State shall be
altered, unless a bill to alter the same shall have been read three
times in each house of the General Assembly and agreed to by three
fifths of the whole n'amber of members of each House, respectively;
nor shall any alteration take place until the bill, so agreed to,
shall have been published six months previous to a new election of
members to the General Assembly, If after such publication the
alteration proposed by the preceding General Assembly shall be
agreed to, in the first session thereafter by two thirds of the
whole representation in each house of the General Assembly, after
the same shall have been read three times on three several days,
in each House, then the said General Assembly shall prescribe a
mode by which the amendment or amendments may be submitted to the
qualified voters of the house of Representatives throughout the
State; and if, upon comparing the votes given in the whole State,
it shall appear that a majority of the voters voting thereon, have
approved thereof, then, and not otherwise, the same shall become a
part of the Constitution,"

■Enrolled Constitution of North Carolina, 1868, MS in Secretary
of State's Office,

39

CONSTITUTION OF NORTH CAROLINA

As Amended by the
Convention of 1875

"Article XIII,
"Amendments

"Section 1, No Convention of the people of this State shall
ever be called by the General Assembly unless by the concurrence
of two-thirds of all the members of each House of the General
Assembly, and except the proposition, Convention or No Convention,
be first submitted to the qualified voters of the whole State, at
the next general election, in a manner to be prescribed by law.
And should a majority of the votes cast be in favor of said Con-
vention, it shall assemble on such day as may be prescribed by
the General Assembly,

'"Sec, 2. No part of the Constitution of this State shall
be altered unless a bill to alter the same shall have been agreed
to by three-fifths of each House of the General Assembly, And
the amendment or amendments so agreed to shall be submitted at
the next general election to the qualified voters of the whole
State, in such manner as may be prescribed by law. And in the
event of their adoption by a majority of the votes cast, such
amendraent or amendments shall become a part of the Constitution
of this State. "^

Amendments to the Constitution of North Carolina, Proposed
by the Constitutional Convention of 1875. . ., C. 29, pp. 25-26
(Raleigh: Josiah Turner, 1675), These amendments were ratified
by the people at an election held in November I876,

Uo

PROPOSED AhEiMDIiLMT OF ARTICLE XIII, SECTION 2
OF THE CONSTITUTION OF NORTH CAROLINA
[public Laws 1931, C, lOU]

"SECTION 2. Ha J THE CONSTITUTION MAY BE Al^ENDED. No part
of the Constitution of this State shall be altered unless the bill
to alter the same shall have been agreed to by three-fifths of each
House of the General Assembly, And the amendment or amendments,
so agreed to, shall be submitted either at the next general election,
or at a special election to be called for the purpose, as the General
Assembly may determine, to the qualified voters of the whole State,
in such manner as may be prescribed by law. And in event of their
adoption by a majority of the votes cast, such amendment or amendments
shall become a part of the Constitution of this State, ""'■

Tlnrolled act in Lav/s of North Carolina, 1931^ file no, 385,
MS in Secretary of State's Office, This proposed amendment was
rejected by the people in November 1932 by a vote of 226,252 to
162,598, 1933 Manual 122-123. It would have made no change in
section 1, concerning conventions.

PROPOSED CONSTITUTION OF NORTH CAROLINA
1933
"ARTICLE XII
"AiCNDMENTS, EXISTING LAWS AND OFFICES

"Section 1, Constitutional Convention. No convention of the
people of this State shall ever be called by the General Assembly,
unless by the concurrence of two- thirds of all the members of each
House of the General Assembly, and except the proposition, Con-
vention or No Convention, be first submitted to the qualified voters
of the whole State in a manner to be prescribed by law. And should
a majority of the votes cast be in favor of said convention, it
shall assemble on such day as may be prescribed by the General
Assembly, A convention, vjhen called, shall be limited to 120
delegates and such delegates shall be elected upon basis of the
membership in the Hovse of Representatives,

"Sec, 2, Amerxltncnt of the Constitution. No part of the
Constitution of this State shall be altered unless a bill to alter
the same shall have been agreed to by three-fifths of each House
of the General Assembly, And the amendment or amendments so agreed
to shall be submitted at the next general election to the qualified
voters of the whole State, in such manner as may be prescribed by
law. And in the event of their adoption by a majority of the
votes cast, such amendment or amendments shall become a part of
the Constitution of this State,"

■^Enrolled act in Laws of North C-rolina, 1933 » file no, 1011,
MS in Secretary of State's Office, This proposed constitution was
never submitted to the people and thus never became effective.

ii;i'Ml'l';i

..•<•

,. /.

\ f