Newspapers / The Tarborough Southerner (Tarboro, … / Sept. 19, 1834, edition 1 / Page 2
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nq.K.?:iti.ii which I lu-inl from the venerable an. revered President of y Alma Mater, manx years a-o, when I stood in the suction which 'some of von now occupy. Would that 1 could impart to it the rich and melodious and impres sive tones ot eloquence in which it Tell from Ins lips, and which still seem to linger on my car! And wmdd that it mii;ht not only he lived in your inemorv, as it has been in mine, but be cherished in your hearts and regulate your lives! "What SOKvi:u think auk tiutk; wii atsoev e r THINKS akk iioNKsr; whatsokvkk thinks akf. just: WIIATSOCVEU TIIINIJS AKK LOVELY; WHATSOEVEl. THINGS AKK OF GOO! K KIM) 'IT, IK Til KUK KF. ANY VlliTl'K, AND IK T II K KH UK AN V 1MIAISK, THINK ON THE S E THINKS." The Ucv. Samuel S. Smith, President of Prince ton (Vllci;e, the kavneil scholar, the accomplished eiulcmcn in all hi inurceutse with his pupils, and who united in himself, as far as the author of this ad dress could the judi;e, and as he now believes, fer vent piety with as pure and graceful and eloquent oratorv a ever adorned the pulpit. Communications. FOR THE FKEK PRESS. 7Vic Statfi Constitution. No. 2. Assuming the position, in my last num ber, that the sovereignty resides in the people, 1 endeavored to prove that the P-ople, the sovereign power, might im pose limitations as well upon a Conven tion, as upon every other body acting un der delegated authority. I now proceed to specify some of the features in the present Constitution, which are consider ed objectionable by those who advocate a change in that instrument. Ami here I would premise that much unnecessary ex citement has grown out of this subject feelings of great bitterness have been en gendered ami a sectional spirit origina- in actual majority of the legislature, pay tax of 88000, while the other thirty one ounties, with two thirds of the popula ion of the State, pay 17,000, and are presented by as decided a minority in oth branches of the legislature. The aggregate amount of taxes paid by the (liirty four small counties is 824,000 while the minority pay $4S000. The annual expences of the Govern ment of the State somewhat exceed 80, U00. There are G5 counties in the Stale and if this sum were equally apportioned each county would pay a fraction under 1230. The thirty four counties howev er, who constitute a majority of the Le gislature, do not pay more than one half of their proportion of the expences oft he Government. Indeed seventeen of them do not contribute enough to defray the expences of their own members of Assem bly. The smallest county in the State con tains a white population of 2700 and pays an annual tax of 600. Tho largest county contains 17,G00 and pays annual ly 2000. Both these counties have the same representation and consequently the same weight in the enactment of laws and in the election of public officers. Many other comparative statements might be made, where the same inequal ity exists. Taking together the twelve smallest counties, which elect more than one fifth of the legislature, we find that they contain only a tenth of the popula tion and pay but 5400 which is only a bout one fifteenth of the entire expences of the State. These are some of the facts upon which the complaints of inequality in our representation are based. Upon these facts the question has been asked, Is it right that one man in one section of the let! Inutile to the best interests of the State and fatal to that harmony of feeling and of i State should have as much political action from which alone sound and power as four men in another? Is it wholesome legislation can proceed. All just that the majority of the freemen of discussions of this subject have been predicated upon the fallacy that a differ en re of interest exists in the Fast and I as well themselves? Without underta the State should pay the minority to make laws for them, when they can make themi West. Tho public mind has been delu ded the public councils distracted and while ihe great and paramount interests of the State have been neglected, those who desired its offices and its honors have found in this unhappy subject a fruitful theme for declamation. But in truth we are one people. Identity of pursuit a common property common laws and a common language have made us so, and neither men's avarice nor their ambition can vary it. The question then in rela tion to the amendment of the Constitu tion is one of political expediency per haps of political justice. It should not be considered a struggle for political as cendancy between tin? East and the West, but a contest of a nobler character, resul ting from differences of opinion upon great fundamental principles of government. city todowed as, the pumsfimn.iV ch mu impenitence. There is now no trace of the faith that was once preached. The candlestick shall be removed from the station where it was placed by the apos tles. The traveller looks down from the heights of Priam, Corrissus, and Pactyas, upon a scene of solitude and desolation. All is silence, except when occasionally interrupted by the sea-bird's cry, and the barking of the Turkoman's dogs, or the impressive tones of the muezzin from the ruined towers of Aisaluk; and the re mains of the temples, churches, and pal aces of Fphcsus, are now buried beneath the accumulated sands of the Caystir. The Sardinians and Laodiceans were found degenerate and lukewarm; and to a similar doom of subversion they were to be subjected. There are now no Christians in either. A few mud huis in Sart represent the ancient splendor of Croesus, and the nodding ruins of its Acropolis, with the colossal tumuli of the Sydian kings, impressively teach the lit tleness of man and the vanitv of human The whole white population of the Stale is about 4(J0,000. Thirty four counties contain 100,000 or one third of the entire population, white they elect a majority of the Legislature and thus con trol the legislation of the State and fix its political character. Upon land, thesi thirty four enmities, containing one thin! of tho whole population, but constituting king to answer these serious enquiries, the facts are submitted to a candid and an impartial community. ARIST1DES. FOR THE FREE PRESS. The, Case re-stated. Mr. Ilmcard: When a short time since I penned a small political article, (the result of a leisure moment,) I did not apprehend that I was provoking a news paper controversy. I am no partizan, and would prefer to remain a "mere look er on in Verona." It seems however, I am driven to the necessity of submitting a few remarks in reply to your corres pondent "Curtius." Your readers will bear in mind the ba sis on which my former article rested, and the nature of the issue between him and me. I have endeavored to sustain thn d ground that the resolutions in question, "were not the result of a consitutional sl power, but were the offspring of faction l,and party spirit. Now I again enquire, v whence was the right of the Senate to cx f'ercise such a power derived? We all J1 know that to find a constitutional power, "we must go to the Constitution itself, h "Curtius" does not pretend that there is d any such express power to be found there, o According to his own reasoning then, the power is implied and incidental, or it does If not exist. "Curtius" says he agrees with me that this implication should be clear, o It would seem then that if it be clear, he tl could have shown us where it is. 1 con v fess my entire ignorance of what clause in the Constitution "Curtius" would de duce it from, or to what other power it is I incidental. It would seem that he who I r contends that a case is clear, mbdit at j least give us some clue, by which we might ue convinced. We all know that there is no power given but what was in tended to be exercised, and certainly no right granted without an object. If the power in question was ever given, it was not given for nothing. It had its object, and was meant to be exercised. Now if "Curtius" will be so kind as to tell me what possible good can possibly accrue to the American people by the exercise f such a power, I will then admit that there would be some plausibility in infer ring its existence. We cannot suppose ihat the framers of the Constitution in tended to give any power to be used lor iur injury, either express or implied. Nay, none but what was intended for some good purpose. Now, did the pas sage of the resolutions referred to, work any good to any one individual? What good purpose could they answer? None whatever. So far from it, they have done u vast deal of harm. "Curtius" says he agrees with mo that the power to pass them was never inten ded to be given for the sole purpose of censuring or rebuking another public functionary. Now, I would thank him to show me for what other purpose they were passed? This is the very thing I insist upon. The first resolution censures Mr Taney the second, President Jack son and this is all they do. If the Sen ate had any other design in view, they have most ambiguously expressed it. Perhaps, however, "Curtius" would have us to imply some other. Away with such logic. Again: the Senate can act in three ca pacities only either in a legislative, ex ecutive, or judicial one. In which of these characters did they act in the case before us? Not in a legislative one, because then the act would have had some bind ing, practical consequence. The very name of Legislature clearly implies a power of making laws. To that and that alone have we reference, when we speak of a Legislature. Mr. Walker defines the word to mean, "the power that makes laws." Was it then in an F.xecutivc capacity? This would be the grossest solecism. Executive power must be either positive or negative. Here it cannot be negative, because that would be nonsense. It cannot be positive, because the Constitution has assigned that to another. Was it in a judicial one? Surely not, because the Senate could not sit as a High Court of Impeachment, until after the other House had passed t: bill of impeachment. It is then very clear to my mind, and I think it must be equally so to all other impartial ones, that in neither of these characters could they act, and not having power to act in any other, the act becomes nugatory and ab surd. "Curtius" can sec no analogy between the present case and that of the "Middle sex election." Very well; I dont know that that is a matter of much consequence. Time will show him the analogy. It may very likely be that persons differing us widely in opinion as "Curtius" and my- self, should not agree in regard to analo gies. But why am 1 referred to the "Roman Senate in the times of the Cae sars, or the English Parliament in the times of the Stuarts?" Does "Curtius" think that because Julius Caesar fell a victim to the hand of a false friend, and Charles the First went to the block, that so ought Gen. Jackson? If this be the analogy he would wish me to trace, (and I can really conceive no other,) I decline the advice of the apologist of assassina tion. Mr. Webster's allusion to the Barons of Runymede and the reluctant John, foreign as it is, is yet more deco rous, and, it may be, more applicable. I will merely hint this classic writer that he may probably find something analo gous in the Judges of Socrates, or the French Council which sent the weak but good Louis XVI. to the guillotine. lie may possibly too in the case of the exiled Alfred, or the unhappy Margaret of An jou. "Curtius" labors to sustain the powers of the Senate, but seems to have ominous forebodings of the exercise of those of the Executive. He can see no danger of usurpation on the part of the one, but ruin on that of the other. The gentleman cannot be ignorant that usurpation is as dangerous and as much to be opposed, come from what quarter it may. I have endeavored to show that the Senate has usurped powers not legitimately their own. 1 come now to the enquiry, has the President? 1 am told of no case where in he has done so, except in the late ex ecutive proceedings in regard to the pub lic revenue. Let us first enquire what these executive proceedings were? Tin first official act of the President in reganr to that matter was the calling together iij- liis Cabinet Council, with whom 'no vised. This was neither unconstituti.m hi nor megai. me seconu was, ibCU(, ling Secretary of tho Treasury who u()m could do so, refused to remove tin? pu lie moneys, the President removes inn from office. This "Curtius" admits lie had a right to do. The third was, heap! points a successor. Here then is all iif. official acts of the President in regard to that measure. Will any one say they were "in derogation of the Constitution and laws?" Now, I might enquire what has Mr Taney done? 'Phis, however, is rendered" unnecessary by "Curtius" contending President is not responsible for what hf done. Aye, tho President has nuihin to do with the responsibility! This covers the whole ground. Mr. Taney removed the deposites and he is responsible, not the President. Let us mark tbe :ui. guage of the resolutions the Senate say, in the late executive proceedings, &c. Th'i Constitution of the U. States says: Jlrt. 2. Sec. 1. "'The executive power shall be voted in a President of the United .States of America." The proceedings for which he was censured, the accusers themselves say were executive! If they were executive they were peculiarly such as the Constitu tion vests in the Executive the right to exercise. They do not accuse the Presi dent of usurping any legislative or judi cial powers. No, they have not said, that in the late judicial or legislative pro ceedings, &c. The falsity and absurd ity would have been too glaring. Of the expediency of the removal of the deposites 1 did not design to speak. In deed 1 have no doubt much more fuss has been made about it than it deserved. At the time of their removal, no man who ever read the Bank charter, can deny the right of the Secretary of the Treasury to remove them. It was even then gen erally conceded, that the Bank could not be rcchartcred. They could not proba bly remain much longer where they were. They must have been soon taken away by somebody, and that very somebody the Secretary of the Treasury. In re gard to the great distress which that event is said to have caused in the country, I have always been incredulous. 1 knew the Bank could give relief if they would. They have now admitted it. 1 cannot close this communication without saying a word about the names of parties of the present day. All who sus tain as wise and as patriotic an adminis tration as the country ever knew, are call ed Tories. All those who oppose it, in cluding Federalists, Nullifiers, whiskey insurrectionists, abolitionists, Mormons, or no matter who, are called Whigs! This would be laughable, if it were not disgus ting. I know several old soldiers of the Revolution, who were as true Whigs as ever pulled a trigger, every one of whom would spurn this modern whiggism as they would the hand of a Joab or tho kiss of a Judas. CONRAD. P FRIDAY, SEPTEMBER 19, 1S34. TWp liiivp received a namnhlet ronv of the w , f --r "Address delivered before the Dialectic and Philanthropic Societies, at Chapel Mill, i. v. June 25, 1S34, by the Hon. James Iredell." We have transferred this chaste and eloquent production to our columns. It is very appropri ately addressed tnihp Students of the University, yet it embodies sentiments well worthy the at- . 1 1 I 1 lention ot an classes in society. jThc Fall Term of our Superior Court was held in this place last week, Judge Donncll presiding. On Wednesday, negro Will was ar raigned, charged with the murder of Richard Baxter. We "learn that the evidence was sub mitted to the Jury, who in pursuance of an un derstanding of the counsel and the sanction of the Court, returned a special verdict by which it
The Tarborough Southerner (Tarboro, N.C.)
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Sept. 19, 1834, edition 1
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