Whole Xo. 530. rarioroiiff,, f'rfm County, X. C.j Friday, Xorembcv 23, 1834, Vol. X Xo. lis, Titrh )rnU'j;h Free, Vc.vv HY OKHRHE HOWAKIl, Is published wet kly, at 7't;'9 Dollars and lf!y ('tins piT yt';ir, it' paid in advance oi, Tircc l::rs, at llif expiration ot the subscription year. For tiiv period less tiian a year, Twenty-Jive Cents per I;. mil. Subscribers ;oe at liberty to discontinue at .i.iv tmu n K'v'!l. notice thereof and paying arrears those reading at a distance must invariably pay in ;.i1vance,"i give a responsible reference in thisvicinity. Ad ei tisenteiits, not exceeding 16 lines, will be in-- t ltd at 3d cents the first insertion, ami 25 cents each . i MiiutMtice. Longer ones at that rate for every 16 ! us. Advertisements must be marked the number ! n-rrtions required, or thev will be continued until : u : w ise ordered, anil charged accordingly. Letter' addressed to the iii'.iior must be post paid, or they may not be attendee! to. MKSSAG 11. To the General .-Utcmbly of ihr. Slate of iorth Carolina: Gentlemen: The gratification which it al ways atfoids i:ie to witness the assemblage of the immediate repi eseutatives of the people, is m eat absence of all stipulation upon the subject, right to determine in what manner it shall be' tlio the exercised. Without r truiciiu linn any lormal reasoning upon the subject, however, 'or even looking abroad for authority, it is believed that the argument may be safely Vested upon the pre cedents which have come down to us, clothed with the sanction of the framers of the Constitu tion, and of the two successive Conventions to which it has been submitted for amendment. It will not be contended thai the Constitution can not be amended, or entirely abrogated, and a new system adopted, by tbe same power, exer cised in the same manner, which gave existence to the former. The incipient measures towards the adoption of the present Constitution, pro ceeded neither from the Legislature nor from the people in their primary assemblies; nor was it framed by delegates chosen for that purpose onl v. On the 9 th of August, 177G, the Councilor Safety, which consisted of two member from cadi of the six judicial districts in the State, ap pointed by the Provincial Congress which as sembled at Halifax in April preceding, adopted the following resolution: "The representatives of the United States of A- Iv heightened, upon the present occasion, by the ! mtc.r,ca: 111 Kl'mral Congress assembled, at I'hiladel v' . i i i i Iphia, the -1th lav of Julv, 1776, havine determined peculiar circumstances under winch you have h:il th, tlh,n United' 'Co,oni'es a:! convened, nnnougn we nave nemier, as an independent State, nor as one of the constituent parts of a great nation, attained the highest de gree of prosperity and happiness within our reach, wt have reason to believe that we have made important improvements in the science oi Government, and have done much to perpetuate and diffuse the buhls of civil and religious free- pendent States, and in consequence thereof having puoiisncu a declaration ot Independence: "h'enolvrd. That it be recommended to the e-ood people of this ntio uidtfiendent State to pay the grea test attention to the election, to be held on the 1.5th ot October next, of delegates to represent them in Congress., and to have particularly in view the im portant consideration, that it will be the business of the delegates then chosen, not only to make laws for the good government of, but ;dso to form a Constitu- i .i 1 I 1 ij-. i . I i.:.. r..i - .. . . .i ..i- . . . uom ai uume ;uiu auruao. oucn consul; rations j u" ' l"s aie; iaai mis last, as n i me corner must excite in every patriotic bosom not merely i stnnc ( t M) il ollht to be fixed and perma- c I i . . . ... ' nent ; and that according as it is ill or well ordered, it emotions of pleasure, but the most heartleh prat- j mUst tcn(1 in thc fll Nl rv, t0 Im)molc the h v. itude to the Great Author ot these distinguished j ness or misery of the State." blessings. Deeply sensible as we may be, how-! The delegates elected to the Provincial Con- -ver, of the superior advantages w hieh we enjoy I gress, in pursuance of this recommendation, con in comparison with any other people, either an- vened in Halifax in the month of December fol cieut or modern, we should recollect that nations, ; lowing, and in addition to the discharge of the as individuals, must continually press forward 1 ordinary legislative, judicial and executive du in the contest for human excellence, if they w ould ties, adopted the present system of fundamental preserve their relative superiority. ; law. The Constitution thus formed has twice iVo truth in political science is more clearly j undergone suncndmeni. In 1 7SS, the Cnven established, than that the public liberty can only tion w hich assembled to consider the Federal be preserved by the distribution, among various , Constitution, in compliance w ith "a recommen departments, of the pow ers of Government. The j dation of the General Assembly fo that Conven great excellence of our Constitution consists in ' tion," to consider the propriety of extending to this distribution, and however much wc may re-, the tow n of Fayetleville the right of rcpresenta gret to witness a conflict for authority between tion in the General Assembly, passed an ordi ;hcse departments, there is no difficulty in deter-! nance lor that purpose. The Convention which, mining that w hile the checks and balances are in the month of November of the follow ing vear, preserved, though public harmony may be dis-; adopted the Federal Constitution, acting under turbed for a time, the public liberty is safe. It is a similar i commendation from the General A Oidv when too much power is gr,iped by either, sembly, passed the ordinance to establish the that the whole system of Government is endan gered. That your attention should be mainly direct ed to objects of State legislation, cannot be doubt-1 people for ratification; and it is remarkable that ed. This does not preclude, nevertheless, a pro- i the resolution of 17S7 did not recommend to the per degree of vigilance w ith respect to the pro- people to t ied members to a Convention with feedings of the General Government, since upon 'power to consider the propriety of allowing a the purity ofits administration may depend not ! town member to Fayetleville, but confided the only public prosperity, but individual security discretion immediately to the Convention called ami freedom. Pursuing the course indicated by j to consider the Federal Constitution. Without place for the future seat of government. Nei ther the Constitution itself, nor either of these amendments was at nnv time submitted to the these suggestions, 1 will proceed at once to the most important subjects which are, in my opin ion, proper for your consideration. ( f these the proposition to amend the Constitution of this State, first introduced into the General Assem bly in 1787, and which has continued to com mand the public attention for nearly half a cen tury, is regarded as most prominent. Upon a .subject of such universal interest, and involving fo many important considerations, you have a right to expect an unreserved communication of the opinions of the Lxecutive Department. 1 lie circumstances which, in my estimation, rendered such a course improper at the commencement of the last session, do not now exist, and I avail my H'lf of the first fair opportunity, which has been aliored to me, to present my views of this per plexing, but interesting question. The Constitution itself is silent on the subject of amendment, and this circumstance has given rise to great diversity of opinion as to the mode in which it may be effected. It has been con tended, on the one hand, that if the Legislature is not alone clothed with this highest attribute of sovereignty, it has the exclusive right to direct the time when, the agents by whom, and tbe manner in which it shall be exercised; and that the acts of a Convention assembled without le gislative sanction, would be unauthorised and void. On the other hand, it is insisted that no change of the fundamental law can be legitimate, unless it proceed from the people in their prima ry assemblies; and that all action upon the sub ject by the Legislature is an usurpation of pow er, 1 apprehend that neither position is true to the extent which is sometimes con&nded. That all political power is vested in and derived from the people only, is a leading principle in our Hill of Rights, and it would seem to be a necessary deduction from it. that they have, in pursuing this discussion further, the conclusion may be fairly drawn, that a Iegislativerecommen- dation to the people to select a Convention, cloth ed with authority to exercise the highest duties of legislation, is in strict accordance w ith first principles, and in precise conformity to all the precedents afforded by our history. It is not considered necessary to inquire into the validity of other modes which have been suggested as proper to e fleet this object; because the one pro posed is entirely adequate to the end in view, is the only one that comes within the legitimate range of legislative authority, and has twice re ceived the unanimous sanction- of the founders of tbe Government. Nor is any discussion of the principle so frequently controverted, that a Convention may be invested with limited powers, believed to be called for. If the precedents be fore us arc authorities, the affirmative is conclu sively established for neither the Convention of 1785, nor that ot 'S(J had any other power in connexion with the State Constitution, than to allow Fayetleville a town member, and to estab lish the seat of government. The objection, in deed, seems to be altogether of recent origin, and not to have been even suggested in the frequent discussions which the subject underwent at that period. Satisfied myself that you have authority to di rect that a Convention shall be convened, to consider the Constitution; to prescribe the spe- ific powers with which it shall be invested, and hat any act it may perform, which shall trans cend these limitations of power, will be void. 1 beg leave to state briefly some of the reasons which induce me to recommend that a Conven tion with limited powers shall be called. A particular examination of the various chan TP which have been proposed to our fundamen tal law, would not comport with the character ol this communication. The great object to be attained is a radical change in the basis of repre sentation, h is obvious that the statesmen of 17S7 contemplated no other innovation upon the Constitution tlian to substitute either population or taxation, or both combined, as a basis, instead of the arbitrary principle of county representa tion, without regard either to numbers, or wealth, or even territorial extent. It is believed that no material innovation is generally desired at the present day, on any other department of the gov ernment, than tie legislative, unless the propos ed change in the mode of supplying vacances in the executive department shall be so considered. This system ofrepresentation had its origin no dojibt in the uniersal disposition which existed among the colonists, at the organization of their political society, tD assimilate our institutions as nearly as practicable to those of the mother country. And although it was entirely abolished or greatly modified by all the old States, with the exception of Maryland and North Carolina, and has not been adopted by ai;y one of the new States, it is belitvej to have prevailed universal ly in the colonial torms of Government. It is not surprising that principle of such high anti quity in the parent Jtate, and which had receiv ed the general sanction of the colonies, should have found favor wit'i the Congress which fram ed our Constitution, Hut that it should have been acquiesced in fir nearly half a century af ter it had been reje-ted by most of the other States, and bad failed to command the concur rence of the united wbdon of all of them in the Convention that franvd the Federal Constitu tion, exhibits striking evidence of the patience and patriotic loi bearaiee of that portion of our citizens who regarded themselves as degrieved by its inequality. From an early pcriocin our history, however, this basis of representaton has been the source of constant disquietude An act of Assembly, passed in 1 7-1 G, when tiere were but fourteen counties in the province.rccites that the inhabit ants of several of the nortiern counties claim the privilege of being represented in the Assembly by five members, "w hile iiose of the more south cm and western counties, vho are more numerous and contribute much mot1 to the general tax of the province, are represented only by two mem bers; from which inequaliy great mischiefs and disorders have arisen, andthebest schemes for the good and w elfare of tie province have been utterly defeated." The jroposition to change the system in 17S7 and the following year, was introduced and sustained ly some of the most distinguished statesmen of 1 1 it era, who were also conspicuous members of lie Congress which framed the Constitution itsdf. It was adopted in both instances by one braich of the Legisla ture, and would most probady have succeeded in the other, but for the nearly unanimous oppo sition of the members from ;he counties which now constitute the State of Tennessee. It was then, as at present, the sourccof contention be tween the populous and sparsely sealed counties, and hence the change was tmiv;rsally desired by the maritime portion of the Slate. The cession of our western territory to the General govern ment, obviated, to some eMeii the inequality previously complained of, and rtnred tempora ry harmony to our public conn ils. It is unne cessary.to illustrate the practicaloperation ofthis system by particular examples It is certain that it subjects the majority to tli rule of the mi nority, and confers on those wh(jpay compara tively but a small proportion ofthe public ex pense, the lower to control the eitire resources of ihe country. If the wisdom, tatriotism, and spirit of compromise requisite tothe permanent and satisfactory adjustment of tiis controversy shall be found united in the preseit General As sembly, you will achieve a triunijh of inestima ble importance, and entitle yoirselves to the lasting gratitude of posterity. Jt is perfectly certain, that untilthis source of contention shall be withdrawn, thebaneful spirit which distracted our colonial assemblies, will continue to thwart all eflbrts towards wise and liberal legislation, and defeat "the bst schemes for the good and welfare ofthe Stated As next in importance to this fmdamental Question, the relations which exist beween this State and the General Government, fill claim your consideration. This subject, it vill be rec ollected, was referred to in the last alnual mes sage, and the disposition intimated to discuss it at a future period. The opinion then expressed, ' that the growth of this State in power aid wealth, retarded as it has been by certain natu;al disad vantages, has also been greatly impeded by the effects resulting from various acts of federal le gislation, remain' sunchanged. A sirmle state ment of facts will render it apparent thai we sus tained great losses in the partial adjmment of the debts incurred by the confederacy and the Slates in the revolutionary war; that tie fiscal system rendered necessary by the assumption of the debts cf the Mates, on the pari oi me reuerai Government, was deeply prejudicial to our in terests; and that now, when the national debt is extinguished, we have a clear right to such indemnity as may be afforded, by an equitable distribution by Congress of the fund created, but no longer needed for that purpose. It is not proposed to examine the details con nected with our claims for expenditures during the war ofthe Revolution. A mere reference to the rule by which the adjustment was made, is all that is necessary to a correct view ofthe sub ject. Hy the articles ot confederation, it was stipulated that all expenses incident to the com mon defence and general welfare shonld be paid out of a common treasury, to be supplied "by the several States in proportion to the value of all lands w ithin each State granted to or survey ed for any person, as suck land and the building J and improvements thereon should be estimated' in the manner that might thereafter be directed. The act of Congress of 1790 chanced this rule, and provided that the exprnces incurred by the confederation in the common detence and gener al welfare, should be paid by the States, in pro portion tothefedeial population, which should be ascertained to belong to each by an enumera tion, which was then directed to be taken. In the House of Representatives ofthe Congress which adopted this apportionment, this State and South Carolina, tinder the rule ofrepresen tation established by the Constitution, had five members each, or one thirteenth of the whole number of which that body was composed. By this substituted rule of apportionment, however North Carolina became chargeable with one tenth, and South Carolina with one-seventeentib ofthe public debt. North Carolina was made a debtor State to the amount ot about half a million of dollars, while South Carolina received trom the Treasury ofthe United States more than twice that sum. It is apparent that if the origin al principle recognized by the articles of confed eration had been adhered to, that the result would have been widely different, and that the one which was observed operated most unequally in regard to our interests. Some attention to the details of the settlement, has produced upon me the impression that we Were scarcely more un fortunate in the selection of the rule, than in its application to the various questions touching our expenditures determined by the commissioners. It is proper to remark that comparison has been instituted between this State and South Carolina, not because the disproportion was greater than in one or two other instances that might have been referred to, but principally for the reason that her proximity to us, and similar ity of situation rendered this the most apt illus tration. The same act of Congress which prescribed the proportion in which the debt created during the revolution should be paid by the several States, laid the foundation ofthe revenue system which has prevailed until the present period It provided likewise for the 'assumption by the General Government of debts which had been contracted by the individual States, to ihe a mount of twenty millions and a half of dollars and for the gradual redemption of the whole debt, foreign and domestic, the proceeds of the public lands, which had been ceded by the sever al States, and an impest of seven and a half per cent, ad valoremt were constituted a sinking fund. It is evident that at the period of this enactment, the public domain was looked to as the principal source from which this fund was to be derived, and that it was not intended to have recourse to any species of taxation kmger than might be necessary to render the proceeds ofthe former available. , No prejudice is entertained against a revenue arising from imposts on foreign merchandke. On the contrary, it is regarded as the most con venient mode of taxation yet devised: If expe rience has shown that it may readily be applied to favor the industry of one section ofthe Union at the expense of another, and that it affords air opportunity to the federal legislature to require from our citizens larger contributions than are necessary to an economical administration of ihe government, it is an argument against the abuse and not the legitimate exercise of a necessary power. A tariff of duties on imported goods was at an early period recognized by various acts ofthe Legislature ofthis State as a favorite mode of taxation. It is well know n that one of the strongest argumentstpressed upon the General Assembly of 1785, by our delegation in Con gress, to induce the cession of our w estern terri tory to the confederation, was that it was neces sary to the introduction of this system; and that on no other condition would some of the eastern States, and particularly Rhode Island, submit to a five per cent, impost. There is no fact connec ted with our history under the confederation, more clearly established than the early and con tinued anxiety of the State of North Carolina to provide an adequate revenue for the government ly a tax upon, importations. The impression,.

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