miscellany.
^othe yiople c/’North-Carolina.
N an aa of your aflem-
paired at Hillfbo-
^tl ' Itl *7^4. for
granting the five per
''••r- l.uty to Congrefs,
there is the ^following paragraph—
‘‘ And be it enabled, See, thatJ the
Umted States in Congrefs fhall have,
and tliey are hereby invefted with full
jyower and authority to levy and col-
le6l the faid duties, under fuch regula
tions as -they fhall direft—provided^
that fuch regulations (Imll not fubje^i any
perfon to be carried out of this jiate^ nor
to be fued in any other manna ' than the
laws and co?iili:ution direhlf &c.
This limitation of the powers grant
ed to Congrefs by the above law, was
never complained of, that I have heard,
as likely to confine or impede the levy
ing of the impoft, and yet, in thofc
days it was deemed a neceflary fecuri-
ty to the liberty of the citizen ; from
v/hicli ray inference is, that there arc
reftridlions abfolutsly nccelfary in the
adoption of the new conftitution (if
you v; ill adopt it) as to fomc points
that you fhoiild never give up, and
that they may be introduced without
difrurbing, in the Icaft, the operation
of it, to every goodpurpofe. There
is adifiinftion to be taken as to thofc
amendments which arc efiential and
praclicahlc, and thofc which arc not.
if North-Carolina were to infift, for
^iiiftiincc, that there ihould be three fc-
nators from each ftatc, or that the pre-
fident fliould be eleded for one year
only, or the like, it might either pro
duce diforder in the federal govern
ment, or amount to a rejedion on the
part of this ftate ; but it fortunately
Ivippcns, that fqme of the moft eflen-
tial rights, which the people ought at
every hazard, to fccure, may be efta-
blilhed without any difficulty, by in-
ferting proper provifoes 5 fuch as, that
no citizen of this ftate fhall be deprived
of his property, without atrial byju-
xy—-that the liberty of the prefs ftiall
not be reftrained, and a few more of
the fame nature. If any perfon, dif-
approving ot any limitation of the ge
neral government, fhould allcdge, that
it cannot be executed, unlefs the rights
and duties of every ftate under it are
exadly the fame, I fay, that however
neceflary it may be for all the ftates to
agree as to the plan or form of the go
vernment, the affertion will not hold
as to the rights of individual ftates or
perfons. The pradicc of every coun
try is palpably againft it; our own
may ferve as an inftance ; before the
^7ar, the king and parliament had the
government of the thirteen provinces
as the Congrefs is to have of the ftates,
b»iL no two of them were fubjed to
that government in the fame manner:
uz dominicn ever them was various.
according to the nature of their fcvcral
charaders, and yet it was not thereby
hampered in the cxcrcife of any pro
per authority over them. In England
too, and in moft governments, almoft
every province, county, and confidcr-
ablc town, has privileges peculiar to
itfclf, which affet^ the operation of
general law, in various manners and
degrees ; but ftili many of them go on
well enough, as our’s may do, even
though it fhould happen, that fomc
ftates may lofe the trial by jury, and
North-Carolina remain for ever fccure
in it. COMMON SENSE.
To the Eledors of the town of Wil
mington.
renow-ChixeHSt
F or fonie years part, I hate been honoured with your cow-
^ fidence, and unfolicited, you Imivc trailed mo vrith your
befl interelts. Thoujh I have been opprfsJ by different par-
fons, and under different pretences, by your uniform coiiduft in
my favour, oppofuionlud at laft ceafed, and its existence feem*
cd to be no more.
The public bufinefa interfered fo much with my profeflion-
■al duty, as well as with my p.-ivate intcreft, that I was induecd
to decline all further thoughts of accepting a fear in the Itgins-
ture } bat the approaching coiiVC:itLon being fixed at a tim.e fa
vourable to my private purluirs. a bare intimation was fufficieni
to enfure me your unanimous fu/T/ages, to the moft important
of all trufts ^ yet as 1 knew that a continuance in oft^ce would
be incompatible with my profcliiona! concerns, it became necef-
fary to ieok forward to a proper repref^ntative for the town of
Wilmington, in cafe Mr. Potts fliould decline the truft. Seve
ral gentlemen who would etherwifo be well qualified, and pro
bably acceptable to you, are under legal or conftitutional difa-
bllities. Some time ago, I took the liberty of fuggeftinv ro
Mr. Jones, that if ?*Ir. Potts fhould decline, which 1 then had
fomc reafon to believe, the former might probably be acceptable.
Under this prefumption, I have fince underftood, that Mr.
Jones made hi* intentions known, and conditional!/ offered his
ftrviccs.
As to Major VValker, whatever may b? his merits in other
refpCifts, as a perfon ho loing a public office, the Cipoluments of
which may depend upon his own vote, and his own influence
in theaflembly. Hook upon him altogether as improper for a
member of alTerrbly, as a col’eaor of public money, or a e’erk
of a court j fonhough a naval-cfurer is net within the letter
of the law, he is as much within the fpirit of it as any officer
who is exprefdy excluded. People who are net accuftomed to
reafon upon thefubjeft of gnver r.tnt, are apt to think lightly
of fuch a circumftance, as a matter of little ccnf qucnce ; but
when they are acquainted with U»e cafe of Mr. Coor, the naval-
officer ot port Be.iufort. they ir.ey poffihly be of a different
opinion. That gentleman was a menriberof the f^nate, in the
firft affensbly held under the prefent government j and owing to
fome contention between the twohoufes, he tfcaped being ex-
a:iudcd with the delegates to Congrefs. Ke has found means to
hold his clccVior ever fincc, and luhfcquent to that ; and whiUt
he w.s a member in the general affembly, lie has held five dif
ferent offices, moft of them of profit/and three or four of them
ar one time } in two of them he was a receiver of public mo
nies. At cneaffcmbly his feat was unfucccfsfully difputcd on
account of fomeof thofe offices. During the feffion of 178c,.
three different bills were introduced into the houfc of com-
monsj all tending diretlly, or indirccily, to exclude the naval-
officers from teats in the legiflaturc. By the addrefs and dexie-
nty of Mr. Coor, although the bills pafted the commons with
out oppofition, they were rejefted in the fenatc. Such has been
the confequefice of having an intererted officer in the leeifla-
ture !—Almoft every feffion, Mr. Coor has in roduced a new
bill to regulate the duty of naval officers, every on* of them
calculated to inc cafe his own power, and the emoluments of
hu office ^ although that office appears to b* of no other uf*
than to lay a tax upon trade.
As I have not hitherto prefumed to interfere with my advice
or opinion, in the choice of a member for Wilmington, it is pr*.
bablc I fliould have continued filcnt, had I not difeovered
fometlung, with refpedl to the enfuing eleftion, which it is not
eafy to account for in a fatisfaftoiy manner, not only as there
IS an oppofition which appears to be very inconfiftent with pro-
fcffions, but as I underftand I am myfelf the obieft of it
Dunns ihn term of tho lull Wilmingwn fuperior .ourt,' Mr.
Potts having been explicit, it became publitly known that Mr.
Jones w^ a candidate for the reprefentation—risir / favoured
number of the-'cleftors
bad agrsed to fupport him. The very gentleman to whom this
was communisated by Mr. Jones, propofed Mr. Mackenzie, and
perffiaded the attcr to declare himfelf, or fuflrer himfelf to be
dcclaied a candidate for the reprefcntation. Had this eentle-
roan s name been mentioned at an earlier pedod. inftead of on-
poling, I certainly fliould have fupported him ; b*t 10 far from
conceiving that he would accept of the truft, I bel.eveved that
he would, as he had lorUicrly done, decline it. I did not then
confider that his fituation, with reipcft to his private affTrs
;.,.nu.uri.,llyc!,a„8ed. ,Men’.
tkrnep who firft. patronized Mr. Mackenzie, it isaftonilh'ne to
ecnfider, that they fliould thus endeavour to create a divifio^
which will give the only chance to that candidate wh.om they
FO efs to eppofe m all events. 1 hat they Ihould oppofe the rUl
with whom they live in terms of intimacy and friend-
fo as to leave the only opening for ifciCT whom they aslknow-
iedg-to be altogether improper, is not a little myfterkus
Iktre n fomethtr.^ tn this more than natural, if philofoohv couM
find It out. It will not, however, be very difficult Tb..
gentlemen have faved me the trouble of conjea^ure Thev h ^
elcded, that the people would no hnerer b-^ar Mr Mir'x,) ’
vjurpcuor.s. Some apology might be mtdc for attachments fbj
prejudices, or tor paffion ; but what can be faid to extet uatf*
deliberate and confcious (lander ? forthofe who are cull ' o?-;
Wittobefueb. it wonia have been
li. VVh.it power have*! aiTj.ned i*—of w.hat ufurp'4
I been guilt/ ?—what honor or profit have 1 foij.^s^
chlwr for mylell or conncH'tions ?—whofsi
.ichMewIedged (but that woul i fruftr.KC their Intentions)
Mr. M.i.l.iin3 a -ted upon principles, and wjuid not countenun-•
thofe who avow in conduct vvhat they conceal under fpeciou
pretci’.c.:.s, tiut t"eir own aggraiidifc.ricnt is the fpring of
their aaitm: ’ " -...-r-t- . .
tions iiave I
or obtained, .— ...,— -- - iviwiox
wliofc afs have I tike* ?—-whor-; right have 1 invaded
proiefiional man, have I oppreffed ilie wiiow or the orphan >
have 1 taken advantage, of the diftreiTes of my fellow-citiz-ns to
accumulate wealth ?—have 1 unriche 1 myfelf by the fpoiU ofchc
public or by private peculation ?—iiavi 1 even folicited you^
votes that I might be your rcprt;fsnr.acivi ?—I have indeed of
late yeirs been oMiged to encounter an hoft of eneml js—arnbi-
tion, avarice, and perfecutlon have been J*t loofe upon ms.
What has been the confeqaeace of tlii* formidable combinati.
on } Has malice been able to fix one ftlgma upon me, either
in public or private life ? Has ingratitude, with all his ind«f,
try, and in hie zeal to obliterate the debts he was u iwilling
difcharge, left the flighted ftain upon my characl.r ?
If any one perfon hasanaceafation a^alnft me, let him pro-
duce it in open day, and avow it like a inan. A generous mini
difdains the inftdiou? arts of a coward, and the concealed attach
of an affaffin. 1 might be qualified in fa/ing, that my accafe-'
have conlclted their own hearts, and, in attempting to draw a.]
charader, have very fairly drawn their ow n. *
Among thofe who have had an opportunity of formI»g any
j-adgmeotof my sharadlcr, 1 have no enemies but fuch a* are
th; enemies of virtue j and among roy fiiends, I can boaft th«
firft chiraftsrs in the ftate. This is no vain boa ft. It is the
honed cfFalions of confcious reftitude, indignant of ingratitude
and undeferved reproach : and juftly prou.d of friendflfipi which
would do honour to the moft exalted oharafters.
To the cliarge of ujurpir.r up-m your rights, you arc told
(what Hinountj to the fame tiwng) that neither me nor my con
nections si't to dihla.-e t; you in tiie choice of a member. This
is an infidious impliciit.on that ive oj d'lEbat , How far the
ciiargcis true, muft be left to youifelvcs to determine. Bat
admitting the latls, I beg leave to aik a Ample queftion, which
perhaps will carry its own anfwer with it. W.hetlur, if 'yoi,
tnuft receive you: political ruieoi conduit from any, which to
me appears highly improper, wili you receive it from me and
my connections, or from the gentlemen who liave ftarted the op-
pofttion. •
Nothing will fo effeftually contradift what has been thrown
out on this occafton, as a firaplc narrative of facts.. AJnioftas
foon as I was informed, that a third candidate was propofed for
the town, tl ® J.sh then bufied in tlie iiurry of a court, 1 fcpj.
rately propofed to two or three fc.ntien-.en,' who I conceived wer*
in favour of Mr, Mackenzie, that, to avoid a of inte,
reftsj anu to obtain a reprefiintativc who wreUl be agreeable to
• majoiity of the voi-j!., t!ui Mr. Jones and Mr. Mackenzie
with a few of their lelpeitive fiiencis, (liould meet and number
their fcvcral adherents, and tirst wli-xwcr appeared to have the
v.’eaLeft intsrtft, ffioulci decline m favour of the oibcr. This
was unitormjy approved, and afterwards, upon appl.catiem, hy
Ml . Mackenzie iunifeit. But 1 foon found, that this anp.irsnt
acquIcfcGiice III my proper 1 W2, not real, and that time wst
only wante.l to pervert and bring over thofe who had e^n.^^cd t*
vote for i.sr. Jones. 1 his was confirmed foon afterwj-ds by
Mr. M.-.ckci:zie icfufmg, upon Mr. Jones’s apolicacion, to adoii
thst expedient. 1 he giand ftroke of policy to effetft th; pur-
pjfs oftlic oppofition, was tliis—a pofulveand wariu affzrtion
healing all the appearance of truth, that Mr. Jones had lia
ciianccof fucceeding, and that the contsft would lieVtwecB
Major Walker and Mr. Mackenzie. 'I hc rtvcrfe cf this’ig the
ficv. But if Mr. Jones’s intereft is fo weak, why is fo much
trouble taken to convince us of ir > i?-
Mackenzie j but lliouki Re irccBV?rpv certainly would, as many
of Mr Jones’s voces, if he were eut ot the queftiua, would un
doubtedly vote for Walkey.
1 giadiy embrace this opportunity to declare, that I never have
endeavoured to influence the vote of any cleclor,not even any ot
thofe whom Icfteemas my firmed friends ; nor slid I mentioo
Mr. Jones’s intention to more than two or three of my iriinds,
who cafualiy fell in my way. Had I been more difen^agtd
from bufineis, it is probable that I fhould have acquainted others
with it. This might have been attended with good c mCequen-
ccs, as one of the gentlemen who oppofe Mr. Jones, gH-es as
hit reafon fer fo doing, that be was not confu.'ttj in the bufir.ejs,,^
In plain languag' - • •
Jones, not that
and Mr.
a mem
ftatio
that
in all p
May I
ufuri
bceii
und^iam
is greatly fupe
a eonfidqrable
ftanding, anil it
his oppr.ccnts j
tfteem—his tem
^amounts to this—“ I will oppofe Mr.
I||||{ real objeAion to him, but bccaufehe
^■^he prcfumptlon to propofe him for
to my opinion, whic'i my
•wn demands.” It is unlucky
[rifed how very nccelTary it Is,
aejerence lu a ^rcat nun.—*
the perfon who dilates and
Jones would at any tiins hivf
as any one
^ing the
able to fi
le has at I
ich inform
■ait in his
ers ; and
contention,
inept from
ch undcr-
is either of
er wliich I
id free from duplicity. But,
agreeably to iny known principles, 1 think every m:ui fliould
vote as his judgment fhall dired.' All I intended by this addrefs
was, to remove the effefts of any grofs and very ucjuftifiable
mifreprefentations rny contempt for thofo who have
meanly and unju
vince them tha
ful acknowled
unreferved «on
cd me
ipted to vilify my charafter j to cen-
conoctfed j and to make my grate-
[e cledlors of Wilmlngron, for the
which they have repeatedly honour-
A. Maclaine.
178S.
Wilmington, Jay 13,
Meflrs. Bowen & Howard,
A S you have publiflied in your laft
paper, a very fine account about
public marks of joy, ftiewn in this town
on account of the adoption of the con
ftitution by Virginia, I wifli you would
tell who it was that illuminated, &c.
bccaufe I believe there were only three
houfes fo decorated, and I do not un
derftand that three or feur people
fliould be called the town.
inhabitant oj Wilmington*