Hlllttll'
t
JOSEPH W. HAMPTON,
“The powers granted under the Constitution, being derived from the People of the United Sires, may be resumed by them, whenever perverted to their injury or oppression.”—Madison..
Editor and Publislier.
VOLUME 1
CHARLOTTE, 'N. C., SEPTEMBER 21, 1841.
1 NUMBER 28
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Charlotte, June 1, 1841. 13,.,f
3Ir. lllictt’s Letter.
House of ItePRESENTATivES. }
Aufust 2^ 1841. ^
Messrs. Blair & Rives:
Gentlemen; As the Ediors of the National
Intelligencer refuse to publish the enclosed commu
nication, you will oblige me giving it an inser
tion in your columns.
R. B. RHETT.
majority to get rid of the inconvenience of the iivo-
thirds hitherto required to suspend the rules, and
requiring a mere majority to stop debate at any
time in the Committee of tlie Whole, and force a
bill through the House by the aid of the previous
qtiestion. It was against this new and tyrannical
rule, which was ordained expressly for the purpose
of putting aside the ancient rule, in conformity to
which, ]\Ir. Clifford's resolution w’as ofTered last
session, with my concurrence and support, that I
spoke and protested. How, then, can it be said,
with any propriety, that these resolutions are in any
sense the same, when one was for a suspension of
the rules, the other was to enforce a rule existing?
TO THE
O’FARRELI.
PU13L1U.
DA YS.
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Last Quarter,
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■’4 I'ritlav.
01 () 1
59 5 I
New Moon
15
0 46 M,
■.‘"1 i>;ituriiav.
02 6 1
5S 5 j
First Quarter,
8 16 M.
Suniiav.
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57 5 1
Full Moon,
‘30
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56 5 i
JOHN 0’1^’ARRRL.I.> announces to his custom
ers and the public generally, that he has dispo
sed of his entire stock of Groceries, Liquors, &c., to
Mr. John B. Roueche of Lincolnton, and will close
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ing April County Court. Until then, howev'cr, he
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to accommodate his customers with every article in
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J. O’F. gives this early notice of his intention to
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by note or book account, may have due time to come
forward and make settlement, w’hicli he earnestly re
quests them to do between this and July Court, for
his notes and accounts must positively then be
closed.
Charlotte, March 5, 1841. 1-tc
To the Editors of the Piational IntMigenccr:
Gentlemen : In your report of the proceedings
of the House of Saturday last, the 21st inst., after
recording the grounds on wliich I asked to be ex-, . . , , • j . , ,
c«ocd irotino- on the rrsoltitmn \Tr * ic-qtured a vote of two-thu'ds oi the members
Sergeant, proposing to take SrH^nk KlPou^ ol i
the committee of the Whole oij the State of the i operation ot the other, and
Union, “on Monday nevt” you slate: j overthrow that protection to the minority the
After Mr. /7Ae« had read W« protest to the reso- "'‘'‘•■‘'.■•“"f*!' 0", to which we ob-
lution, and requested that it be entered upon then resolntioiib. lUitead of being similar,
record j reality, antagonisUcal,
“Mr. /?uiis of Kentucky ro.sc and asked him if he ; And look, too, gentlemen, to tlie circumstancc-s
had not voted for a similar resolution to the one un- i under which these resolutions were introduced,
der consideration during the first session of the last'' containing, as they do, a most vivid exemplification
PROSPECTUS.
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BLAIR & RIVES.
WASHtNGTaN City, April 20, 184t.
Congress ?
“ I Mr. nhett replied: No, nev’cr!]
“ Mr. Davis rejoined : he would then read fhc re
cord upon Mr. Rhett, btit objection being made, Mr,
D. was not allowed lo do so. It is as follows:
“ ‘ A motion was made by Mr. Clifford that the
rules in relation to the order of business be suspend
ed, to enable him to mov’e the following resolution:
Resolved, That the rides of the House be so far sus
pended that the Committee of the Whole House on
the State ot the Union be discharged from the con-
bideration of Senate bill (No. 127) entitled ‘A bill
to provide lor the collection, safe-keeping, transfer,
and disbursement of the public revenue ’ from and
after Monday next, unless the same shall be report
ed at an earlier dav ; and that said bill, with such
of their operation and principles. The Independ
ent Treasury bill—for the purpose of drawing
which out of the Coniniittec of the Whole, Mr.
Clifford introduced his resolution to suspend the
rules—had been imder debate one month and five
days, consecutively: and the resolution proposed to
allow three more days for continued debate. Scores
of speeches had been delivered on it; and by a com
putation made by a member then on the floor, two-
thirds of the tirne taken up in the debate had I m
consumed by the majority op losed to the bill. Jt
was tiiis fair scope for free debate—the ample tin
and liberal indulgence given to the jftinority to ex
press their opinions, that doubtless influenced those
members of it who joined tho . ajority in suspend
ing the rules to bring the debatato a close. Now,
turn to the circumstances tmder ^j'hicK ‘’he resolu
tion on the Fiscal Bank bill was introduced last Sa
turday The amendment, which A*as the bill.cn
put on Mr. motion to suspend; Yeas 120. ' " ® 'vere to vote, containing thirty-eight
nays 54. Among the yeas wero.^lr. Rhett and eve-1 P^igcs, had been introduced into the House but the
ry Democrat in the House. Upon the question that I day before. The bill, yet wet from the-press, is on
the Hoi^e do agree to Mr. Clifford's resolution ; | our tables, and it is gravely proposed to take it out
\cas 124, nays 58. Among the yeas v.ere Mr. of the Committee of the Whole at 4 o’clock that
Rhett and every Democrat in the House. ’
Thus, gentlemen, it appears ;hat when you pro
ainendmente, if any, as shall liave been adopted, be
taken up in the House onTur.iday next, at 10 o’clock,
a. ni. and be the special order until finally disposed
of, reserving to said committee the right according
to the rules of the House, to report the same sooner,
if the discussion shall terminate.’ The question Avae
fess to report the proceedings of the House, you
hold yourselves at liberty to ini;r.«perse them with
matters which do not occurr ut the time in the
House. The former opinions r conduct of those
opposetl to you politically, may be introduced for
the purpose of weakening th-'ir positions, or even
for a i'ar inferior purpose—^o l'>wer them person
ally in public estimtition by an c fort to convict them
of personal inconsistency. If you had thought
proper to report only what wa- said on this uccii- { measure, striking at the first principles of the Con
Sion, j-’oii might have better reprcstui.cd ' - - -
to Mr, Stanhf, or have noticed my request to the
day and pass it The excitement this proposition
obviously produced in the House, induced the mo
ver, I presume, as a signal specimen of Whig ge
nerosity, to give one day longer, and he changed it
to 4 o clock on the ]\Ionday ensuing. The inde
pendent 'Freasury bill, contained a very trilling ap
propriation of money for erecting safes, vaults, &c.:
but this bill established a mighty corporation, and
contained an appropriation of fifteen millions of dol
lars And mark how bencficial to the minority v.'as
the few liours allotted I’or discussing this gicrantic
House; and their opinions be reported thereupon
before any resolution or vote of the Houec do pasa.
therein.’^
Upwards of a century afterwards, in 1784, Mr
Hastell, in his Parliamentary Precedents, in com*
menting upon this rule, observes:
« The House of Commons have, with great wis
dom, imposed these rules and resolutions upon
themselves in the exercise ot that great and impor
tant privilege, ‘ the sole and exclusive right ot grant
ing aids and supplies to the Crown j” in order, (as it
is their duty w’hen they arc imposing burdens upon
their tellow subjects, to give every oportunity for
free and frequent discussion,) that they may not, by
sudden and hasty votes, incur expenses, or be indu
ced to approve ot‘measures which might cjitail hea-
I vv ond lasting burdens upon themselv'es and their
' p'jctcr’ty. It is upon this principle, that as long ag»
as the year 1667, the House laid down for a rule
‘ that no motion or proposition for an aid or charge
upon the people should be presently entered up
on.’
That by this means, due and suflicient notice of
the sKbject should be given, and that the members
should not be surprised into a vote, but might come
prepared to suggest every argument which the im
portance of the question may demand. Another
part of. the same order—‘ tliat such propositions
shall receive their first discussion in Committee ol
the Whole Hous6^*—\& no less wise and prudent.
There every member may speak as often as he finds
it necessary, and Is not confined in delivering his
opinions by those rules which are to be observed in
speaking in the House ; and which in matters of ac
count and computation^ would be extremely in
convenient, and would nccessariljmdepri^ the
House of much real and useful in^i^^ition. , This
mode of proceeding likewise giv’es au opportunity
of a further and more mature deliberation, when
the resolutions'of the committee are reported; to
which the House may efther not only agree or disa
gree, but if they are of opinion that the subject has
not been sufliciently canvassed, they may recommit
the whole or any part of the report, for the purpose
of receiving more accurate information, or more
narrowly inquiring into the nature and expediency
of the proposed measure. For these reasons,
this resolution of the 18th of February, 16-
67, has been, particularly of late years, very
strictly adhered to ; and it appears to be one of those
rules which, as it has its foundation in prudence,
and an attention to the case of the people, ought
to be, in all instances, inviolably observed^”
Here is the origin of this great rule, with the=
reasons for its e.’cercise and continuance in the Brit
ish Parliament to the present day. And I beg you
to remark, that instead of its being relaxed in its ad
ministration, it has been, according to the testimony'
of Mr, Ilatsell, particularly of late ycurs, very'
strictly adhered to. The reason is obvious,
proportion as the British Government has becoma
more free, and the interests of the people more re
garded in its legislation, in the same proportion has
this great principle of parliamentary law, introduc
ed by the people for their protection and self gov-
llouse to allow Mr. Davis to pioceod. If the re
solution had been read by Mr, Dtiuis, it would have debate, short as it was, and worthless as was the
given me the opportunity I desired of showing what opportunity, fell entirely from the lips of the majo-
l asserted, that I had never voted fur any such re- rity Who will say, under such circumstances,
solution as that against which I protested. Since even if the principles on which both rested were the
you have thought proper virtually to make this same, that those who voted for Mr, Cliflbrd’s reso-
charge in your report of the proceedings of the lution. stand on the same platform whh those who
House, 1 claim the privilege through your columns | voted for the resolution of Saturday ? Practically,
of reluting it. I under the former resolution, there was free, almost
In the first place, you have not quoted tlie whole j licentious debate. Under the latter, practically,
journal. You say. The (piestion was put upon | there was an efiectual gag to the minority, Neither
Mr. Clifford's motion to susp^^nd the rules, ’ \'ou j in operation, circumstanccs, nor principle, then, can
should have added; 'rtoo-thtras voting iu the at-j they, with any propriety, bo said to be the same,
firmative, the rules were suspended.” From the 1 Under tho rule adopted'by this Congress, the an-
point at which you stop, it may be inferred by a cient security enjoyed by a minority to the right of
reader unacquainted with parliamentary rules, that
a mere majority suspended the rules; and, there
fore, in this respect, that the resolutions of ^Ir. Clif
ford and Mr. Sergeant were alike. This is not so.
A rule of the House, in conformity with an express
standing rule, existing immemorially, I believe, can i ders otherwise, they must be dumb. The euforce-
only be suspended by a vote of two-thirds, and on ! ment of this rule in this case demonstrates, that if a
this occasion this vote was obtained. | majority chooses, they may pass any measure thro’
In the second place, you say: •= Among the yeas | House of Representatives, without one word of
was Mr, Rhett and every Democrat in the Hoiise.’’ debate being uttered concerning it. It allowed but
An inference from this statement might be made, | it may as well, on so grea^a mea-
a„a i,t-netraiinff uvery c>.mer of li.e U..U,, '^rnmcnt,%e» more sacredly observed^ It has be-
Not a Democrat was able to tiller one word in the ^ome sanctioned by usage and hallowed into a great
Jibate-not one could obtain the floor. Tho wliole P"""!' > "/ ; and if any Premier or Kinj oi
01 Lngland, at the present day, should dare violate
it to one half the extent this Congress has witness
ed, it would produce a revolution as signal ag that
of 1G63. Nor has it been confined alone to bills of
supplJ^ “ The speech, messages, and others mat
ters of great concernment are usually referred to
the committee of the whole House.” 6 Grey, oil-
There the inestimable privilege of free debate is ob
tained, untrammelled by technical rules. There
tho representative of the people can speak to the
taxes to be imposed upon his constituents again and
again, unchecked by the previous question. Sug
gestions are freely made—time for investigations
given, that all the light and information which the
subject admits of, maybe freely imparted and freely
received. This is English parliamentary law
brought by our ancestors with them into all our
colonial assemblies, as that rule, in the enactment of
laws, above all others, the most sacred to liberty and
the protection of the rights of the people. It has been
invariably practised on, as far as I am informed, by
every State Legislature in the Union, excojUing
where the previous question has noi henn adopted
as a rule of governance, and then it in?y be nvi.y*-
y
free debate iii the Committee of the W^'hole, is taken
away. They have no rights in the matter, Tliey
speak by the permission of the majority ; and per
mission gives no right. When a majority*, even of
one only, says it, they may speak; and when it or-
that Democrats only voted for Mr, Clifford's mo- allowed not) one.to discuss the Distribu
tion to suspend the rules, and afterwards for his re
solution, and that they carried those propositions.
This is not so. A large number of the Whigs,
without whom neither the motion nor resolution
could have been carried, voted for them with the
Democrats. Amongst them were Mr Biddle of
Pennsylvania, Mr. Briggs and Mr. Calhoun of|
Massachusetts, Mr. Undericood of Kentucky, Mr
Chinn of Louisiana, Mr. Joseph Williams of Ten
nessee, Mr. Randolph of New Jersey, and many
others. If the motion or resolution iiad been con
trary to parliamentary usage, or an infringement of
the rights of the minority, these gentlemen would
have been amongst the last wlio would have voted
for or ftarried them
The distinction between this resolution, and the
resolution of Mr. Sergca?it against which I protest
ed—kept out of view in your report—is this: The
resolution of Mr. Clifford was a resolution to sits- to the taxes imposed upon them.'’ The manner in
pend the rules, which can only be carried by a vote which this right was enjoyed was, bv referring all
of two-thirds of the House. Mr. Sergeavi’s reso- bills, laying taxes or appropriating money, to the
lution was not of this character. By a standing Committee of the Whole; that is, the whole House
rule of the House, made for the protection of the resolves itself into a committee. The advantage
minority, as all rules are, and always existing as a | is i« the privileges of this committee. There, the
rule of Congress, the regular course of business ; previous question (the form of cutting off all further
cannot be altered or changed but by a suspension ! debate) does not apply, A free conference takes
of the rules. This regulation was made expressly | place, and debate is unlimited and unrestricted. On
to protect the minoiity against the caprice or tyraii- the great and vital subject of taxes, and the appro-
ny of the majority. It was supposed, with this priation of them, it is not presumed that there can
guard to their rights, requiring a co-operation of be too much deliberation or consideration, and those
the minority itself to suspend or change the rules by who are to pay the taxes, the people, have the right
a vote of two-thirds, their rights were safe—impo-1 freely to discuss the manner and the extfjnt to which
' ' ■ ' ■ ” ’ I they shall be laid, and the purposes to which they
shall be applied. Permit me briefly to shov/ the
tion l>ill, which had never before been considered in
the House, and which disposed of hundreds of mil
lions of the people’s projierty, It allowed but five
days for the consideration of the Loan bill, borrow
ing of twelve millions of dollars more. It allowed
but one week for the dispatch of the first Bank bill,
sent us by the Senate, where it was considered one
month If such legislation was consistent with our
form of Government, it would be sufficient to turn
away all nations from us in disgust and contempt.
Against such legislation we have remonstrated.—
Against such tyranny by a majority, as one of the
minority, I have j)rotested
In one of the grounds of the protest I made
this rule. I maintainod that it *• was a right
in the People of the United States, inherited from
their ancestors, and enjoyed and practised time im
memorial, to speak through their Representatives
sition or oppression by a majority was impossible.
But how is it now with the new rule introduced
at this session, for the first time, into Congress,
and in pursuance of which the resolution proposed
last Saturday was passed I Was it a resolution to
suspend the rules, requiring the assent of the mi
nority, by a vote of two-thirds, to make it operative ?
It was a simple resolution—“ That, at 4 0’ clock
this day, (altered afterwards to Monday next,) all
debate in Qpmmittee of the Whole on the bill No.
1, to incorporate the subscribers to the Fiscal Bank
of the United States, shall cease,” &c. It was an
enforcement of a rule which had been made a stand
ing rule of the House, ^xpressly ordained by the
origin and nature of this great principle of Anglo
American liberty.
On the 18th of February, 1667, coeval with the
establishment of libert}^ in England by the Revo
lution of 1668, by which James- the Second was
expelled from the throne, the Commons of England
resolved:
“ That if any motion be made in the HoUee for
any public aid or charge upon the people, the consi
deration and debate thereof ought not presently to
be entered uponj but adjourned till such further
days as the House shall see fit to appoint; and then, it ^ ^ . ,
ought to be referred to the Commute of the Whole ' ^
cessary. It has been as inviolably oIslrv^.-d 1
every Congress which has satin the Un.’icd
from the Revolution to the Congress of Jime, 1 .:^41,
Even the Federalists of ’08, disrrgardful as they
showed themselves to be of popular rights, in the
enactment of the alien and sedition laws, whilst they
assailed the freedom of the press, left untouched the
right of free debate in Congress. The bbertj’^ of
speech to the people and their representatives was.
unassailed or abridged. For the first time since
1667, this rule has been set aside, not by English
men, or in a Monarchy—but iu a Republic, by tho
descendants of Englishmen, claiming to be freer
than they.
Free debate no longer exists in the House of Re
presentatives of the Congress of the United Stcffes.
The people, through their Representatives, have no
longer the right of speaking to the ta.xes imposed
upon them. Tyrimny, in the .shape cf u n'-.joii'.y,
is erected in the Capitol. The nc .v terrgr
is begun.
I have remarked, j^entlemen. that the
guillotine, cuuing ofl' debate, has on a hill,
you have rtiised a shout of con.r;«at;j]'.iixn at its
speedy passage. The patriotism of the d-^ed is ex
tolled, and the people are bid to re-oicc. If you
have thought upon this subject, will you he. so go 1.I
as to inform me how liberty can be -i jnvdncd \ y
a people, if the liberty of speech, in their d-.lil - a
tive assemblies, is destroyed. W’hy did Crom .vell
turn his Parliament out of doois? Was it not be
cause he could not restrain their speech ? Why
did Napoleon introduce his gens d^armea int - tho
House of Deputies? W’as it not because he feared
their remonstrances and appeals to the people,
against his meditated usurpations ? Could these ty
rants have made the Representatives of the people
dumb, could they ha.ve silenced debate by rule,
what more could they have desired or demanded?
For their purposes, perhaps, it were better such re
presentatives should have remained than be expcll-
They both had obsequious and slavish majorities
to carry out their bequests. But they, unfortunate
ly did not live in our day, in the glorious light of
our example. They did not comprehend the first
great reform of a Federal Congress in these States,
to gag by rule; and therefore, they found it neces-
s.^rv to ffagbv the sword And hav& you lived so.