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,
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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,.