North Carolina Newspapers

It hole No. 3-13. Tarborough, (Edgecombe County, N. Saturday, February 28, 1833. r0Z. AT JVo. 9, V'i?' "Turinrough Press," in (;kmu;f. iiowaki), I pulili-!it'l weekly, at 7V Dollars and 2'' if l) Ctn's per venr, if :iii1 in advance or. 77 r c Dttllurs, at tlie expiration of the subscription vr-ar. For any period Irs tlian a year, Twenty five Cents per nioiiih iSuixrrihci are at lilterly l di continue at any time, on -jiving not'nH thereof and paving nrrenrt. those re-idin at a dis tance must invariably pay in advance, or give a responsible reiereuce in this vicmitv- Advertieiiinls, not exceedini; In lines. utll tie inserted at f0 cents the first inser tion, and "i") cents eacli continuance. Long. er ones at that rate fir every C line Advertisement nuit he marked the nmn her ol insertions req-iired, or thev w ill hi 4'nniinued until otherwise ordered, and charged accordingly. Leiters addressed to the Editor must lt josi piid, or they mv not he a('end. to. 2D 020 3 l'ro;n tht' North-Carolina Standard. mi. EDWARD'S SPEECH. A promise was made in your last, to endeavor to furnNh the ar gument of Mr. Ktl wards, of War ren, on the Resolutions of instruc tion to Mr. Mangum, adopted at the late session of the Legislature, it i the purpose of the writer now to fulfil that promise, so far as that argument was applicable to the right to instruct, no attempt hav ing been made, at least within the writer's knowledge, to pervert JUr. E's. arguments on the other points presented hy the Resolu tions. After the lapse of such an interval of time, it will not he expected that the copious illustra tions used by Mr. K. in enforcing liis views before the Senate, or the happy embellishments in xvhich those views were clothed, "Will be pretended to be accurately given. The purpose is to present, in language intelligible, .Jiut un adorned, the pith and essence of his reasoning on the occasion re ferred to, and leave it without adventitious aid to withstand as it rnay the attacks of all who are disposed to assail it. As soon as the Resolutions were taken up by the Senate, the Sen ator from Rockingham (Mr. Mar tin) rose, d.n moved that they be Stricken out, with the view of in serting a substitute which he read to the Senate. In the course ol his argument on the question to strike out, he advocated the doc trine, ''that the Legislature had no power to instruct Senators in ' 'Coi gress, unless it (the Legisla ture,) had been first instructed by the people so to instruct." After dn exordium, as beautiful as it "was appropriate, in which Mr. E. entreated all to the dignified mod , er.ition that became them; afler reminding Senators that the ques tion was notT 'who could swell the tide of passion highest, or toss the feelings into the greatest tempest" he proceeded ta exam ine the position that hail been ta ken by the Senator from Rock ingham. Mr. Edwards exposed the absurdity of the position, by showing that it contained in itself ih own refutation. The position was, that the Legislature had no authority to instruct, without hav ing first received some impulse from the People. Mr. E. could not perceive any manner in which the powers of the Legislature could be abrogated or enlarged but by an alteration of the funda mental law. With as much pro priety might it be said, that the legislature had no power to enact laws without specific instructions, or that a Sfnator under direct in structions fiom his constituents, who introduced a bill here, re quired b' their interests, derived his right lo do so from his in structions; and without such in structions, i hat such right did not exist! Mr. E. contended that the Tr u io i m 1 1 met 'lMPO rf iiiuli'iinlinn imputed no new right, but was to be considered as merely direc tory how rights already existing should be exercised. II this were not true, the strange anomaly Would often he presented, ol 1 members of the same body, pos sessing different rights; those who happened to be instructed, might act; but those who were not could take no action at all. Mr. Edwards insisted that the right lo pass the Resolutions like tne right to enact laws, was a qualified right, in the manner of its exer cise subject to, tint not derived from, the instructions of the peo ple. The propriety of making laws arose from the conviction that they were required by public sentiment. In thi case as in that, whenever the public mind expec led it, the Legislature should lake the responsibility of aet'rtig. Having disposed of the argu ment of the member from Rock ingham, Mr. Fid wards took up the first Resolution, which asser ted the right of the Legislature of a Stale to instruct its Senators in Congress. Mr. E. first took a glance at the right to instruct in the abstract; it was a right, he said, inherent in, and inseparable from, the true theory of reprt sen lative government; it was sustain ed by all the principles applica ble to ihe relations of principal anl agent; it was the only mode by which public opinion, the ve rv basis on which were erected our free institutions, could at all times exercise a salulary control over ihe conduct of public ser vants. According to the nature of our institutions, our govern ment might be denominated the plantation of the people, intend ed to he cultivated tor their bene fit; the avails and products were peculiarly theirs; this being the eae, it would lie passing strange if they were denied tho right of directing and restraining faithless overseers, who claimed not only the mastery of the farm, but the crop itell! Whenever a represent ative, Mr. E. .iid, who was a mere fiduciary, a mere public agent, refused to be controlled by those whoso agent he was and prescrib ed for himself no rule ol action but his owu will, he assumed at once arbitrary power, and so far as he was concerned, eon verted the government into a sheer des potism. As to the abstract right, then, in a Government like ours, he suppo-ed none could be found hardy enough to deny it. The great difficulty seemed to arise from the question, Where was the proper depository of this right in all cases? Mr. E. agreed thai the great rigid always abijJed in, and belonged to the constituent body; that none but those who were the qualified electors of a Representative, he used the term i . . . . i i. in contradistinction to uuier pun lie officers, could of right direct ly instruct him. The members of the Legislature were as much the qualified electors, and by con- equeuee the constituent body, ol Senators in Congress, as were the free-holders in any county in the State, the qualified electors and constituent body of the Senator on that floor. In support of this view, Mr. Ft. compared and noted the resemblance in the language between the two clauses of ihe Constitution of the United States and the Constitution of this State, when directing the manner in which the Senators of the respec tive governments shall be elected. The Constitution of the United States, Article 1st, Section 3d, declares: "That the Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof, for six years." The Constitution ol IN. C. 2d Sec. declares "That the State Sen ... i i- ate shall be composed 01 repre sentatives annually chosen by bal lot, one from each county in the State." The 7th sec. directs that they shall be chosen hy free holders only. Now Mr. Edwards presumed that no Senator on that floor, and least of all the gentleman from Rockingham, (Mr. Martin) would contend that those in their re spective counties who were not free-holders, had a right to send their instructions there; and what did this prove? Why, it showed conclusively, lhat altho' the Sena tor was the representative of the County, yet that portion of the people only, who had the author ity to elect, had the right to in struct', the latter right being an incident to the former. So, Mr. E. contended, to carry out the analogy, the Senators in Congress were regarded as the representa tives ot the State, yet being cho sen hy a particular portion of the people of the Slate, constituted by ihe Constitution of the United States qualified electors for that purpose, they occupied the same relations to the Legislature as a constituent body, as did the Sena tors on that floor to the free-holders of the counties. Mr. E. said he submitted this view of the sub ject with great confidence he desired however not to be under stood as denying, thai in this or in any other duly pertaining unto their stations, they Were subject to be directed by the people when ever they thought proper to in struct them as to the manner in which they should act. Many, Mr. Edward paid in continuation, had calld this right of instruction a sovereign right; Mr. Ft. preferred to call it a pulit ical right, resulting from the pe culiar character of our institutions. When the term sovereignty was used in its strict sense, il meant that supreme authority which be longed to the whole people as one community, an authority with which they were invested inde pendent of and above the constitu tion such in all cases in our gov ernment, he did not consider this right to be: he had already shown that it was a qualified and limiled right. Another position was some times taken, Mr. E. said, which operated against his argument: lhat the Legislature was the con stituent body of LT. States Sena tor: It was sometimes said that after the legislature which elec ted had expired, it was incompe tent for a future legislature to in struct, th it they were distinct and different bodies. This position was unsound; the fallacy consisted in confounding the political with the natural body. The members of the Legislature might die or be removed, or one of its sessions might expire; but the legislature itself, was a political enlitj-, and by a fonslitutional intendment never died. As long as the Gov ernment existed, it was the Legis lature of the State the constitu ent bodv of its Senators in Con gress, and Ihe organ of its public will and political power. It had been a-krd, Mr.. H. proceeded, if the Legislature could instruct Senators because if elected them, why could it not also instruct the Governor? Mr. E. reminded gen tleman, that there was a broad distinction between legislative and executive duties. The Legisla ture enacted laws for the govern ment of Ihe olher department, and pre.-cribed rules of action for the people. The Executive had no such discretion, it obeyed and ex ecuted the public will as expressed thro' the proper organ; all the laws were so many positive in structions to the executive, which il was bound to execute and obey. Another objection had some times been urged against the ex istence of right to instruct Sena tors that it interfered with the tenure by which they hold their seats. If this argument were sound it amounted to an absolute annihilation of the right lo in struct every where and in every body- The members ot the Mouse of Representatives of the U. S. were elected for iwo years you must not instruct 'hem, be cause according to this doclrine you would interfere with iheir term of service, which this argu ment considered inviolable in like manner you could not affect the tenure hy which the members of ihe Legislature held their seats. This would be giv ing up ihe question. To say that the power of the electors had been exhausted at the ballot box, and lhat thence forward they could not interfere, would be at once to render all public fuqetionaries .wrusiu.e, anu mate mem their own liege lords and masters. As to the particular mode of instruction, proposed by the res olution, Mr. E. argued, that it had been sanctioned by the usage and practice of the States, ever since ihe formation of the govern ment. That the government was partly national and partly federal. The Senate represented the States, the Mouse of Representatives the people; the people therefore should constitute the organ of the public will for the one, while the Legislature performed the same office for the other. In conclu sion, Mr. E. said, he was not one of those who believed (hat the people were destitute of intelli gence or virtue; however much some might seem to despise pub lic opinion or oppugn its man dates, whenever it spoke it would be heard by all, "like a voice in the wilderness, with awe." He was not such a demagogue, either, as to desire to stir up the people to sedition or undue excitement he would rather persuade, advise exhort, and, ifabks instruct them. He would, however, have them to insist on their rights, exercise them with discretion, and always preserve vigilance unceasing and untiring over their public ser- vants. The writer has thus given, in a brief and desultory manner, a meagre skeleton of Mr. Edwards' argument on the right of instruc tion. As the attention of the pub lic has been repeatedly called to it, I hey will now have an oppor tunity of examining it as in sub stance it was made. His friends have no cause to fear any analy sis which mav be aoolied to it. or any test to which it may be submitted why should they, when such was the conviction it carried to the minds of all, that not even an attempt was made on the floor of the Senate lo answer il, by the parly which afTecls lo claim "all ihe talents" of the country. V1NDEX. Dr. Caldwell. As soon as the intelligence of the death of this estimable man reached Raleigh; Mr. Jl. S. IVaugh, Artist, hasten- to Chapel Hill, for the purpose of taking a cast of his countenance. We understand that he succeeded in his object, and a bust of this good and great man will be the result. Ral. Reg. Death hy Freezing. The Sa vanah Georgian of the 8th ult. says: "Yesterday morning a ca noe was picked up near four mile point containing a negro man, a boy, a woman and child: who had been exposed the whole of the pre vious night to the inclemency of the weather. The man and boy were frozen to death, and the wo man and child were nearly dead, but were revived by the attend tion paid them, and are, we un derstand now doing well." Baltimore. Feb. 14. Burning of the Cotirt House. Not quite a week has elapsed since we had to announce the destruc tion by fire of lhat splendid edifice, 'the Athenn?um, and we have now to add the loss of the principal part of the Court House. This noble structure was considered a model of architectural beauty. It Was finished in the most substan tial and elegant style, and was divided into apartments for the courts, clerks, register of wills, sheriff, SiC.the rooms in which the records were kept being made fire proof. About 1 1 o'clock yester day morning the alarm of fire was given, and the dome of the Court House was soon discovered to be in a light blaze, presenting a most sublime, yet melancholy specta cle. The fire companies were, as usual, prompt in their attendance, but found it impossible for some time, from the height of thebuild- j ing, and the fire being exclusively confined to the dome to work to any advantage. We are inform ed that considerable delay also occurred for the want of a suffi cient supply of water. The roof being of slate, the interior of the upper story was destroyed before it was possible for the engines to operate successfully; but when the dome and roof fell in, the exertions of the firemen were more efficient, and it was no longer doubtful that a portion ol the building would be saved. The second story was entirely destroyed, but the lower story sustained comparatively lit tle injury. We understand that most of the papers belonging to the different offices were saved. The loss to the city and county ...Ml t , J . . J win ue great, ana mucu inconven ience must be experienced by the public officers. The City Court was in session at the commence ment of the fire, engaged in the trial of criminal causes. For various reasons we are in duced to believe that this fire was the work of an incendiary and we understand that persons were last evening examined by Judge Briee on the subject. We regret to state that a mem ber of the Vigilant Fire Company had his leg broken, and was other wise seriously injured and that another person had his foot crushed. Chronicle. Jlmerican Orators. The Liv erpool Journal of the 20th u'timo, contains the following tribute to the powers of some ofourdis tiuguished orators: ii is too much a custom in England to undervalue the merits of our transatlantic rivals. Be cause, all at once, the United States has not produced such a long list of worthies, as, from the accumulation of centuries, Eng land can boast of, they are taunted with having produced none. This too, while Irving is one of our naturalized British classics while Bryan's poems have found a place on every table, and an echo in every heart; while Leslie and Newton strive with the best artists of these Isles for the pre eminence, and certainly have not strived in vain. There is something at bilce supercilious and ill bred in thus asserting that America has not yet produced any man of surpassing intellect. The cavillers forget; that while Scott reigns on the land, America has her Cooper, who is unrivalled on theca. We have had our Fox, Sheridan Pitt, Cur ran, Canning but America has orators Who can compete with the proudest productions of these great men. There is Webstgr, with an overwhelming strength of argument, which, while it requires not the aid of beautiful language, does not disdain to use it; there is Clay, whose wit sends forth many a shaft, and whose eloquence takes many a lofty flight there is Cal houn, who condenses his thoughts into the most forcible and lucid form of expression there is Poin dexter who utters sarcasms the most withering and bitter, in that quiet tone which yet further irri tates the victim writhing under the infliction there is Preston, who (true orator that he is) is most eloquent on the tudden emergency, and unites eloquence of language with force of reason ing there are Sprague, Porter, Leigh, Clayton, Frelinghuvsen. all of these are now living all of these now have seats in Congress, and we venture to assert that the best speaker in the English Com mons is not equal to any one of tnetn. INJay, where thes.e away, we would venture to back Edward Everett against the field. Shockin Catastrophe. A party of six persons, consisting oi a gentleman, his wifysuid twochil- dren (one a female of eleven years of age, and a child about 10 month old) a young lady about lb", a sis ter of the wife, and a young law yer from Enfield, Conn, while travelling cn the Bennington road, in Powuell, Vt. about two miles north of Williamstown, on the hank of the Hoosic river, in a two horse pleasure wagon, Were pre cipitated about filly feet into the torrent below, and three of their number killed, and ihe others severely injured. The road at that place was a dug way," veiy narr6w, and covered with glare ice, without a railing of any d scripiion. It seems that some part of the wagon gave way, which renderetl it altogether unmanageable; be fore any of ihe party could save themselves, they, together with the wagon and horses, were hurl ed into the stream. The wife of the gentleman and lady were kill ed; and the girl, though alive, was uot expected to recover. The gentlemen were not considered dangerous. The young lady was on her return from a boarding school in Connecticut, to her par ents, who reside about fifty miles from Bennington. J Vest field Journal. Q3A. Monsieur St. Victor, professor of legerdemain, has beeit sorely abused by the good people of the town of Lowel, for having spoken lightly of their honorably bodies. When going through wiih his tricks, they served him a trick, by pitching the lamps at hinij an uproar ensued, lie made his escape, they made a noise and that was the end of the affair. (PA Suffolk paper gives the. following paragraph: "Lately was married at Sweffling, alter u courtship of more than fiiiy years Charles Cook, bachelor, lo Sarahj Spinster. This happy pair was born, bred, and upwatds of seven ty years breathed the pure, ihe unsophisticated air of Swefiliugf in sighs, deep, strong, and sonor ous. Remarkable Sagacity of rt Dog. The most extraordinary instance of ihe sagacity of this faithful animal that we recollect to have heard, occurred the other day in this cily. While the car riage of Mr.rPowell was standing in Spruce street, near Fifih, the horses became alarmed and set off at full speed. The dog imme diately ran alter them, and hy seizing the reins in his mouth, actually succeeded in slopping them until the driver came lo his assistance. Phil, kldu. Chivalrous act. As five or six young ladies belonging lo Miss Draper's seminary at Hart ford, Conn., were on Tuesday last crossing a foot bridge over a considerable stream, they became dizzy and could neither go for ward or return. In this tearful situation they remained for some time, until one of them fell inlu the water below, and was carried down the rapid current. The cries of the young ladies for re lief reached ihe ears of Master Charles E. Babcockjson of Charles Babcock, Esq. fourteen years old, and ihe gallant boy plunged at once into the current, swam to the drowning girl, carried her ashore, and then went on to the bridge and led each of the young ladies safely to the shore. If some one of these girls docs not fall in love with this brave lad, and thus furnish him the appro priale reward for so noble a deed, there is less romance in good old Connecticut than we hope there is. Courier. (JA street duel, as they are termed in the southern states, occurred in the streets of Knox ville, on the 25th ult. between Daniel Campbell and L. D.Slater; the latter was seriously wounded with a knife, when drawing & pistol he shot Cajnp-brll dad.