1 .
Speech Cf HOD. Win. B. Shepard, cherished and petted upon this floor, by
j Senate of Aorth-Carolina, session of
1 Q A 'CI mm A A iJrniM fAa .........
o the people on calling a Convention.
An engrossed bill from the House of
Commons, proposing to take a vote of the
people upon the propriety of calling a
Convention to amend the Constitution
being before the Senate, Mr Win. B.
Shepard spoke as follows :
I have so often, Mr Speaker, daring
this session addressed, the Senate, that it
is with great reluctance again intrude
upon it. 1 leel, however, that some reply
should be made to the remark of the Gen
tleman from Rutherford, who has "just
taken his seat, as well as to those which
ffcll from the gentleman from Buncombe
on yesterday. The bill upon your table
proposes to take the voice of a majority
of the people, upon the propriety of calling
a Convention to amend the Constitution.
' The Constitution itself points out precisely
the mode of calling Conventions, and
amending the instrument. The gentle
man from Rutherford has made the dis
covery, that amendments to the Constitu
tion, made through the instrumentality of
- a Convention, were more suitable to the
genius of our people, anil more republican,
than when made by the act cf the Legisla
ture, which act is afterwards to be ratified
by the people. It seems to roe, Mr Speak
er, if either of the two modes of amend
ment, sanctioned by the Constitution, can
be called particularly republican in its
character, the one by bill is .undoubted! v
riiimtu ui mis utsunguisning tait. When
fiii amendment i made bjuan act of the
Legislature which is aftetSjys submitted
.1 I X .1
' "e peopie ior meir approval, a rote is
taken upon the proposed measure alone ;
it must staml upon its own merits, and not
tely upon extraneous circuo:t.incen. for
mm o-ss On the contrary, should a Conten
tion be called, the whole Constitution will
be laid before that body, and such amend
menu as it may think proper to make, will
!,e mjL. oitted in gross to the people; the
consequence will be, some few popular
arnemlioents will be incorporated with
otneis ot doubtful expediency, and the
popular amendments made to carry others
which, if left to themselves, would not
receive the votes of a majority of the people.
am i. of, therefore. Sir, at all surprised
t'-.at both the gentleman from Ruther
ford and Uuncombe, are so unwilling to
see Fiee Suffrage by itself and alone, Tub
mitted to the people. If thev could have
persuade! the Senate to r-ject the Free
urr;ge bill, and retain it for agitation, a
i i . . . "
i'vMji cirt'iMiur, to urge the necessity
for an unlimited Convention, they might
have -ti.od s me chance of succeeding.
As it is now, however, when the cry tor
Conversion is reduced to its own merits
exclusively, I think the prospect of suc
cess very small ; becausa there is not, in
fact, the slightest necessity for a Conven
tion, nor any reason why the people should
be subjected to its unavoidable expense
and turmoils. There is no amendment of
the Constitution desired by a constitutional
majority of the people, which cannot be
procured more certainly, at a less risk and
trouble, by legislative enactment than by
a Convention. This feature of our Con
stitution, so far from deserving (he denun
ciations it has received from some gentle
men, is, in my judgment, its wisest, its
most conservative feature. It is the very
leaiure wnicn gives to the people them-
look for a solution of this mystery
gentleman from Buncombe had not, in his
speech yesterday, kindly furnished us with
a solution. I requested the reporters to
note that speech carefully, and tu publish
it verbatim, that the whole of North Caro
lina might know the real cause of all this
uproar about a Convention. It seems,
then, that a Convention is desired by the
gentleman from Buncombe and those who
act with him, not because the West is
oppressed by our -present Constitution,
buLj&e!y to change the basis of representa
tiorf&iat the West whith has now the com
mand of the House of Commons, may -likewise
get control of the Ser.ate, ami then,
says the gentleman, we can extend our Rail
road to T'enntssee and redeem the charac
ter ofXonh Carolina.
Refote the centleman from Buncombe
1 (1(1 lint nBliaVa Qir itva f lha urlt MlnCrhaniilMlli th.r kin o.t.nn Vi-m Kan nnirlvpf. tnnn " I la al. wl o.l .111 .Un m nnn..-
all those valiant gentlemen, who so gal- man could devise a more perfect chem41' fl; Ianyrapathise with himinsuchcomplainta. tionment of the meBber ofthe House of
lantlv dofpnJed the rights nf th i uwn. fnr iha ......;. ..f .1 1 avth honor to represent a people who know .uiil- i 1
trodden .ml nnnrMil Wnt tVhw Y. U r . . T t P F .wpyw- , noth,nK of jour Governmeut except through the , V"C '"a J
II UUUen atlU OpnreSSeU eSl. UT1I t? OI 111 ttim(il .nminnnwa. t 1. nriniU ... ..11...' n . . r u. A tm Kl v m f Um. ,..a.ti,a 1 1 ma. cm
lots SO, Sir F We might, lor Some t...ie, fed Unon reoublican nrincinfes. than thf cuted in our immediate neighborhood, which, if neriod whpn th ditrirts for th Sn.li
ition of this mystery, if the present basis of renreuenf atinn. as contt4MJ Hiade, woula add incalculably to our wealth, are herein hefori rliroctd tu hp ltd off.1'
ed in our present Constitution. - Th .h t If the General Assembly should be called
uouse ot L ominous renreents Dersons nnpi rwiv.mnnt. n)h.n cv-e ro to th tosether before the reeular oeriod. it would
ior aiinougn the basis IS a leuerar oncr "General GoverniRtnt, and urge your agent there
slaves be'iiio in tho vra .F 9u, K.k Ito exert themselvr in our behalf, we are met
persons and oroDertvI still th. Hn W indifference, if nut by positive hostility
We
i , - , . , g, . j naTt uorne uiu sine 01 iuiiiej uaiit iiiit iui muic
...o t w- ani wniivjiruiii purely,1 than twenty yeais, and hare not even dissolved
to represent the white population of tnej our party ties, much lesa attempted to destroy
Country, as that population has a va those stronger or dearer ties which should bind
numerical majority, and alone speakt l?eth !nSt,tutions and memories of our native
through the ballot-box, and controls with 'iSt not treutlemen deceive themselves by the
out an effort and without dispute, the prfi success of Free Suffrage. That question did not
ceetlings of that House. The Senate J V raise any sectional issue ; it had numerous par- e apportioned,
based upon taxation, and is intended n isans in aI P"18 of the State a,ld for yf ara had the next August
secure the property of the different se, idr dT.Uoct
tions from invasion, or trom being usetj from our Constitution. The basis of representa
for purposes alien to that property, or in tion is a very different matter ; it involves the
which it could have and feel no intcrestivefv secarit.v and protection of much the larger
If- l Kuco.l ,. I w .portion cf the property which pays revenue for
It based up .nthe plain and obvious, sllpport Q Government; and if cannot be
num. iimi must; pei sous wno pay lor tmjy abandoned by those persons to whose charge it is
unfurls the,banner of a Convention, . and support of government, should have someH now committed, without admitting themselves
C I . - I .1 a. a C J S a. A 1 I f
incnbe uuon it what h confesseis to be
its real object, viz. : to give to the non-tax-pa-irig
counties the unlimited power
of taxation, without any control whatever,
I would advise him to look closely into
this matterAand see what rank and cruel
injustice, i;ffou Id work.
Let . us examine the district renresented
by the gentleman from Buncombe, and
see where, and in what, his constituents
are oppressed by the provisions of the
present Constitution, and compare them
with the burdens thrown upon my consti
tuents, that we iruy exactly understand
which party ha the greater right to adopt
his'Tavorife notion of rebellion or revolu
tion; or, in any more convenient manner,
to destroy the Constitution under which
they live. I select. Sir, these two dis
tncts at haza;d. not because thev afford
the best defence of the present Constitu
tion, but because they more immediately
concern the gentleman anu myself.
I ne drstrict represented bv the gentle
man, is composed of the counties of Bun
combe, Henderson and Vancy. It con
tains a population of 19,057 whites, and
paid into the State Treasury in 1847,
82,152 79. It is represented in the
Senate by one member, and by four in
the House of Commons. The district
represented on this floor by me, has a
white population of 8.640 and paid to the
StateTreasury in 1847, S2.598 98 Thus
we see, Sir, that the people whom 1 have
the honor to represent on this floor, paid
into the State Treasury in 1847, 146
19 more than the constituents of the
gentleman from Buncombe, and are repre
sented in the Legislature by two members
less. Should the gentleman from Buncom
be succeed in his wishes, to change the
representation in the Senate, the people
of Pasquotank and Perquimans although
paying largely more revenue than Bun
combe, Haywood ami Yancy, would be
unrepresented in the Senate, and would
stand as two tu four iu the House ol
Commons
Notv. Sir. I aDneal to the gentleman's
voice in appropriating its revenues.
Madison said in the debates on the federa
jftl unworthy of the trust confided to them If gentle
men wish a noouy, oy means ui wnicn iume
constitution, that herever there is active Chair, I beg them to select something th-t
ilanuer. of attack, there ought to be &;w'Hl produce less disastrous results to the best
constitutional nower of defence- Tl.Jai interests of the State
r -
was the opinion of one ot our greates
1 i.r .u.. .1: ,ei.n f.i.. ii-L
1, upon all pro-
seSyes, the side and exclusive right of de
riding what and how many amendments
1 1 .
snail oe made to tne Constitution. The
gentleman from Rutherford says, were a
Convention called, it would be composed
rf the wisdom, the gravity, and the ex
perience of the State, lam afraid, Sir,
s u.uld he li.e to see a Convention assem
bled in North Carolina, his Utopian visions
wtil be sadly disappointed. It will be
composed ot precisely the same sort of
people as those who compose this Senate j
a little wiser perhaps, probably not much
older, or more experienced, but they will
be men, governed by like passions and
prejudices with ourselves, each one
struggling to obtain some power or ad
vantage for his own section, and thinking
it meritoritous to do so. This n-.tural re
suit of a Convention was perfectly well
know n to the framers of our Constitution,
Rod, for tht reason, they made a vote of
two-thirds of the Legislature necessary
to the cull ; and that it should never be
done upon light and frivolous reasons, a
mode was pointed out bv which tU..
. r . 1 1 ... -
01 me people couul be taken
posed amendments.
A very large majority of the people seem
to desire Free Suffrage This subject has
been much discussed in two Gubernatorial
campaigns, aud a bill has. been passed
submitting that question to the people;
should the ch .nge be approved of bv such
? majority as would justify a change uf the
organic law, it will be made without dis
turbing any other feature f the instru
ment Should it hereafter be found that a
decided majority of the people are in favor
ofthe mode of electing the judges bv the
people, or of altering the basis of repre
sentation as now established, let each of
these questions separately and distinctly,
be submitted to the people, that they may
be fairly discussed, and fully understood
by them, and then let the vote be taken
upon each proposition by itself. I do not
wih a Convention, where the friends of
measures could combine, and force the
people to take them all, in order to get
some one measure they might desire
It is, therefore, Mr Speaker, perfectly
manifest, that so far as amending the
Constitution in any manner that may be
the wish of a constitutional maiorit v of thp
people of North Carolina, is the object,
there is not the slightest necessity for a
Convention.
Gentlemen, therefore, who are urging a
Convention so vehemently, and who will
be satisfied with nothing but a Convention.
usi nave some ult
tenor
ohtprt in vieiv
1 hey have even spurned Free Suffrage, the
olyec .of their first love, which, it I mis
take not, was, two year, ago, so fondly
own lainiMsS!ll( ask hun ii he had the
power, would he commit such rank in
justice as this ? In what are his con
stituents oppressed by the present arrange
ments of the Constitution ? Thev have
largely the majority in the House of Com
mons; no bill can possibly become a law
without the approval of" the Western
members, and in the Senate his has an
equal vote with my constituents, although
they pay much less revenue to the State.
Does the gentleman think it a grievance,
that, because he desires a splendid scheme
of a Railroad extending to Tennessee, he
lias not likewise the unlimited power of
taxation, which would enable him to throw
the larger part of the burden of such Rail
road upon people who have not, and never
can have, any interest whatever in it ?
Whatever may be the wishes ofthe
gentleman from Buncombe on this subject,
I will not believe he speaks the feelings
of his people. The laud of the mountain
and the toi ren.t is proverbially the abode
of the free and the brave. Twill not be
lieve that, whilst they cherish so fondly
the inestimable blessings of freedom, thev
would, knowingly, place upon any por
tion of their brethren a must oppressive
burden. Why, then, gentlemen may say.
n jeti a convention r in reply, 1 vote
against a Convention, not because I doubt
the justice and fairness of the people of
the West, but because I have no conn
dence in the politicians who would fill
that Convention. The gentleman from
Buncombe, who would doubtless play a
conspicuous part in that Convention,
should it assemble, has already told us
that he desires the power, and the mean,
to make an extensive Railroad. Such
being his wishes, he would think it all
right aud proper, anil would be even able
t convince nuirni l our blsi&ttfrn political
aspirants, that the interest of the Slate
would be vastly benefited, by tranferin
the right to tax", fr.un those who pay, to
thoe who do not pay.
No man in the Senate is more ready
than myself to trike from our constitution
any feature that is burdensome to the
West, or to give them any additional
guards for the protection of their persons
and property. But when gentlemen get
up here, and coolly tell me, they wish
the right and power to put their hands in
my pocket, ami take my money without
my consent; to cut down mountains ami
fill up valleys, from which I can, in no
conceivable manner, derive any benefit,
they must at least expect a very severe
scuffle before they succeed.
What. Sir, was the object in the for
mation of government? Solely and for
no other purpose, than the protection of
persons and property. Property is exclu
sively the creature of government. And
when to this fundamental principle of all
governments, there was added, by the
American revolution, the great conserva
tive principle that taxation and repre
sentation should go together, ' our ances
tors supposed they had perfected the
designs of this institution.
lect wisdom resided in uare majorities,
whether that majority had any interest
in the subject or not.
Now I would ak the gentleman from
Buncombe how long would the tax-payers
ofthe large tax paying counties of Bertie,
Halifax. Warren, ami New Hanover, hive
any control over their property, if it were
not for the protection afforded them in the
Senate against mad schemes of intenil
improvement, and other prodigal waste f
public money r
No persons are so prodigal, or liberal,
if you please, -of money, as those persons
who do not draw from theirown resources;
and the only way to make legislative bo
dies, economical and considerate, is fo
keep constantly before the eyes of trie
representative the responsibility to his
constituents. Now, Sir, where would be
the responsibility of the gentleman from
Buncombe, safely entrenched in his moun
tains, to the people of New Hanover,
after having voted to tax them twice as
much as his own constituents, the whole
of which tax was to be spent in giving
him a good road to Tennessee ? 1
These principles, Mr Speaker, appear
to me too plain to need much illustration;
and ii it -ere not for the agrarian notions,
which, under the mask of repuolicanism.
are insinuating themselves in society,
they would meet with no dissent, because
they are perfectly fair, with foundations
deeply laid in the unalterable principles
of truth and justice.
Since the passage of the Free Suffrage
bill, and the removal of that invidious
distinction which existed in all the coun
ties, between the laud-holder, and all
other tax-payers, which was often unreas
onable, 1 can see nothing in the Constitu
tion to be complained of, which cannof be
reoiedied iuucIi better bv I
enactment than by a Convention.
s to the idea which has been very in
dustriously circulated, that a Convention
would be composed by men less likely to
be governed by self interest, it is a mere
delusion a mere coinage of the brain.
The inhabitants ofthe tax paying poitions
of the State will never consent to go into
a Convention, unless they are disposed to
surrender at discretion a folly of which
I do not -uppose them capable. It is in
correct to suppose that the Senate is
organized upon aristocratic principles.
Since the passage of the Free Suffrage bill,
the Senate is as perfectly the representa
tive of the poor as the rich. I he true
question is whether the poor man residing
in the county where the - property lie.
which pays tne tax. would be more likely
to know what .burdens it could fairly
bear, ami have some sympathy with
its owner, than the poor man living some
hundred miles off, both a stranger io
interest and feeling. It is, in fact, truly
a sectional question, and whenever it is
brought to an issue, the gieat law of self
interest, which, when enlightened, is the
greatest security for any people, will
combine both the rich and the poor jigainst
apian which is, in truth, nothing more or
less than a scheme for legislative plunder
and extortion.
To convince the Senate what little cause there
is for complaint against the working of the pre
sent Constitution, I will state a remarkable fact
drawn from the public records
The following counties, viz: Burke, Cabarrus,
Caldwell, Catawba, Cherokee, Cleveland, David
son, D-ivie, Guilford, Haywood, Henderson, Ire
dell, Macon, McDowell, Montgomery, Moor,
Randolph, Rutherford, Stanly, Stokes, Surry,
Wilkes and Yancy, paid taxes into the public
Treasury, in 150, amounting to $27,957 ' only,
and received during the same year from the school
fund, $31,373. Here are twenty-three western
counties, entitled to some fifty members in the
Legislature, receiving from the Public Treasury
exclusive of the expense cf Judaea, Members ot
Assembly. &c, over $3,000 mre th;ni all their
payments for the support of government; and
yet these counties are represented by the very
members that complain most of injustice done
them by the present Constitution.
Mr Speaker, if gentlemen w ill permit me to
tender them any advice upon this subject, I
would say to them, with the greatest sincerity
and respect, do not raise the cry of Convention
or no Convention, with the hope of organizing a
party upon that issue in North Carolina. Should
you succeed, it will have no other result than to
div.de the State sjeographicall y ; to embitter the
two sections against each other, and for vears to
come, to ph.ee an insurmountable barrier to all
judicious or practicable schemes of improve
ment. Wait until the objects of Internal Im-
.cmc.it vwincn nave seen comment-!
1 A
s regards the bill upon vour table, which
s,4tcuconault tie, people upon the pro-
ir y 01 caning a Uotrenrron, in aflJrTOn to the
evils of a Convention already mentioned, this bill
is liable to a very serious charge. It proposes
indirectly to reach a result, in a mode directly
opposed to the one mentioned in the Constitu
tion. And this result is urged by men who, but
a few days ago, made this hall ring with patriotic
devotion to constitutional law. Then, the very
idea of consulting the people upon a matter deep
ly interesting to them, raised nil sorts of horrors
in their minds : now, it seems, a positive injunc
tion of the Constitution can unhesitatingly be
disregarded, vvhea another favorite purpose is to
be answered.
Well, Sir, suppose this bill passes, and a
majority of the people, but not a constitutional
majority of counties, express themselves favor
able to the assembling of a Convention ; gentle-
I men will be no nearer a Convention then than
mey are now, unless they intena to get up a
Dorr rebellion, and after succeeding in a popular
vote, to march to Raleigh, capture the Capitol,
form a Constitution, and instal a Governor, &c.
I hope, whilst they'are doing all this, they will
not forget to send to Rhode Island and borrow
that celebrated sword of the unfortunate Gov.
Dorr, that the play be correctly performed with
all the appropriate costume. It remains tor this
Senate to decide whether they will countenance
such a proceeding in law-loving, law-abiding
North Carolina. Pass this bill, sent us from the
House of Commons, and you array the two sec
tions ofthe State in deadly hostility to each
other, anl we tiny see, in a few months a tumult,
uous assembly in this Capitol, calling themselves
the people, acting over the same scenes, which
but a few years ago brought the State of Rhode
Island to the verge of destruction, and Consigned
nrlfh..nnl,.mntnf,n,nl,;H ' I tills CODStrUCtlO!) Would
-.j- - .
X. B. Sincte this table was made. I have seen the
Register of the &th of February, ceutaining an "Address
to the people of North Carolina on the subject of con
stitutional reform." This address is signed by Members
01 tne Legislature irotn nineteen ceuuties. 1 hese coun
ties compose nineteen out of the 23 counties contained in
this list, intended to illustrate the unreasonableness of
the complaints made agninst the present basis of repre
sentation. This address shows very clearly that the creat
grievance complaiued of by these gentlemen, is the mode
ot representation as adopted for the Senate, aud that
this can only be got rid of. by calling what the address
calls a - Free Convention " In this opinion 1 agree with
the signers of the address, and I hope the several counties
vrill never agree to such a Convention, but will adhere to
the compromises of .the Constitution, and whenever it
needs amendment, let it be done bv the people themselves
... I.. ...... I SZlfvT I n T l ii-.., iir nnnn Ho .nhiuit .. . . -1 . l
of course be a session, and the first session
after the year one thousand eight hundred
and fiftjr-one. The language of the Con
stitioo is not the first regular or biennial
session, but "at its first session." It
would, therefore, seem that if the Legisla
ture is convened the Constitution requires
the Senatorial districts to be laid off and
the members of the House of Commons to
If it is convened before
election it will be com-
1850, who, 1
presume, were not elected with a view to
laying off the Senatorial districts and ap
portioning the members of the House of
Commons. I therefore 'submit whether a
regard for public interest and a respect
for public opinion, do not require that the
time for convening the General Assembly
should be postponed till the -first Monday
in October next. The Legislature then
called together would be fresh from the
people, and fuMy prepared to reflect their
will on these subjects and alt others.
TheVnext session of th General Assem
bly will in all probability begone of more
than .ordinary length. Laving off the
Congressional and Senatorial districts, ap
portioning the members of the House of
Commons, and acting upon the Report of
tho Commissioners appointed to revise the
Statutes, added to the ordinary business
of legislation, will protract the session.
ihe people might go on and in their pri
mary meetings nominate their candidates
for Klectors. and the (iei.eral Assembly,
when convened, might pass the necessary
act in time for the Presidential election.
I he Legislature could then proceed to lay
oil the Senatorial districts and apportion
the uiemers of the House of Commons ;
repeal, for the session, the act fixing the
time for the meeting of the General As
sembly, and then act upon the Report of
the Committee appointed to revise the
Statutes, or upon any other business of
legislation. In this way it seems to me
the expense and inconvenience of an
extra session might be avoided.
This communication, you will observe,
is predicated upon the fact that the term
ofthe members of the Legislature com
mence at the regular biennial election in
August. Upon this point I think there
can be no doubt It has been said that
operate as an in
convenience, for if tiie office of Governor
were to become vacant after the election
rATSTTSVILLB DKAXt S.X.T.
Corrected for the North Carolinian.
MAY 25. 1862
BACON,
BEESWAX
COFFEE Rio
Laguira,.
St. Domingo,
COTTON,
COTTON BAGGING
Gunny,
Dundee,
Burlaps
COTTON YARNS
No. 5 to 10,
CANDLES Fayetteville mould,
Adamantine,
Sperm,
DOMESTIC GOODS
Brown Sheetings,
Osnaburga,
FEATHERS,
FLOUR,
GRAIN Corn,
Wheat,
Oats,
Peaa,
Rve,
HIDES Dry.
Green,
IRON Enelish,
Swedes, common bar,
Ditto, wide
LARD,
LEAD,
MOLASSES Cuba,
New Orleans,
SALT Li ver pool, sack
Alum, bushel,
FLAXSEED.
SHOT,
SPIRITS Peach Brandy,
Apple
Northern
N C Whiskey
SUGAR
Loaf &, crushed
St Croix, Porto Rico.N.O.
TACLO W,
TOBACCO Leaf (none)
Manufactured
WOOL,
PORK,
BEEF, on the hoof,
MUTTON,
BUTTER, per lb
CHICKENS, each,
TURKEYS,
EGGS, dozen
POTATOES Sweet,
Do. Irish, northern,
ct. s cu
12 to 131
9Q
10 to
12 to
9 to
8 to
23
"I
00
10
00
16 to 18
13 to 16
10 to 13
IS to 00
12J
30 to 35
20 to 00
G to Cl
9J to 10
32 to 5
5 00 to 5 75
SS to 95
65 to &0
40 to 50
65 to P0
1 00 to 0 00
7 1-2 to S
4 to 0
3 to 4
5 to 0
6 to 0
13 to 00
6 to 7
23 to 25
00 ts 10
1 50 to CC0
40to CO
1 15 to 1 25
1 75 lo 0 CO
50 to 55
48 to 50
40 to 43
00 to 00
101
7
7
0
8
18
S
7
G
25
15
00
10
50
00
to
to
to
to
to
to
to
to
to
to
to
to
to
to
to
121
9
0
0
"0
20
9
8
7
00
20
CO
12
60
25
From the Raleigh Standard.
PROCEEDINGS OK I HE COUNCIL
OF SPATE
Called Session of the Legislature.
O . . . . 1 1 1.1 .
i uisuiim in a cm i 01 tne uovernor. tne
Council of State met in this City on the
ISth instant, and a quorum not appearing,
the Council adjourned to the 20th. when a
quorum was in attendance. Wilson S.
Hill, Eq- was chosen President, and Mr
W. H. Jones, Secretary.
We have been permitted to copy, for
the information of our readers, the pro
ceedings of the Council in relation to a
called session of the Legislature.
The following communication was re
ceived from Gov. Iteid, and considered :
Exf.cutivb Office.
Raleigh, May 20. 1852. J
Gentlemen : The construction placed
on the 2d clause of the 1st section ot the
3d article ofthe Constitution of the United
States, requires the vote for President and
Vice President in 1852 to be according to
the Census of 1 850. This construction has
heen generally acquiesced in, aud will, I
preftsuine. be adopted by all the States
Although 1 have not been officially inform
ed ot the fact, yet !t is well understood
that North Carolina, according to the late
apportionment, will only be entitled to ten
Electoral votes iu the next election. The
act of the General Assembly of this State
at the session ol 1842-3 divided (he State
intoeleveu Electoral districts. Therefore
the act of Assembly provides for the elec
tion of eleven Electors, while the State
under the late apportionment will only be
entitled to ten Electoral votes. The next
election for President and Vice President
will take place before the regular period
appointed by law for the meeting of the
General Assembly. It is provided by law
that "the Governor may with tlte advice of
the Council ol Stale, call a meeting of the
General Assembly, if the same shall be
absolutely necessary, at a sooner day than
the same may be adjourned to or appointed
to meet." 1 submit tu your consideration,
whether under thfc circumstances it does not
become necessary to convene the General
Assembly at an earlier day than is provid
ed by a law for its regular meeting, to
have further legislation to avoid illelity
in the election for President and Vice
President. If vour body should adviP
the General Assembly to be convened for
in August, then there would be no Sneaker ,;VX,
I rlin Sonatu . .... 1 I.. 1 .
Jiiimc iu sui-tcrii iimii. rvt'n ad
mitting this to be true.it argues nothing;
for we all know that an inconvenience ex
perienced from a provision in the Constitu
tion iloes not authorize us to change its
construction. The CousCitution provides
that members of the Assembly shall be
biennially chosen. AH seem to admit
that they are elected for a term of two
years. In 1835 the Constitution was
amended, and instead of each County
having a Senator and two members of the
House of Commons, a different mode of
representation was substituted. Although
the amended Constitution was ratified in
November, 1835, an ordinance of the
('(invention postponed its operation till
the 1st of January, 1836. The Constitu
tion which went into effect on that dav,
abolished the Asembly elected under the
old Constitution, and consequently the
first Assembly chosen under the' new
Constitution was elected at the summer
elections of 1836 The term of the mem
bers of that Assembly commenced from
the election. If the term commenced at
the election then, it must be so now, for the.
Constitution has not been changed since
that time.
I most respectfully ask your advice in
relation to convening tl e General A.
sembly.
I am, very respectfully,
Your obt. servant,
DAVID S. REID.
To the Council of State.
WILMINGTON 31 A It K ET.
Corrected tveekly by the Wim'ton Commercial.
diui, yto
COKrv,
FLOUR Baltimore
Canal, extra brands
Fayetteville,
RIVER LUMBER
Flooring, ;er M
Wide Hoards
Scantling
TURPENT1NE
Yellow- dip
New Virgin
Hard
Spirits, gal.
1
ROSIN Xo.
No. 2
No. 3
TIMBER, per 1000 feet,
STAVES W. O. hhd. rough
W. O. bbl
R. O. Hhd, rou-jh
SHINGLES Common
Contract
COFFEE,
SUGAR,
60
000
7 00
5 25
12 00
7 50
4 50
2 55
2 75
I 25
33
1 70
1 -25
y 00
1 00
80
5 50
0 00
12 00
II 00
a go
4 50
6
131
fo C3
to 5 50
to 8 00
to 0 00
tr. 12 50
to 000
to 5
to 000
to 3 00
to J 30
to 00
to 000
to 1 37
to 3 00
to 1 05
to 'J5
to 9 00
to 0 00
to 0 Ot
to 0 00
to 000
to 5 50
to 15
to 7
Whereupon it was ordered, that the.
Council of State do advise the Governor
to call a session of the members ofthe
General Aseembly to be elected io Au
gust next, to meet in the City of Raleigh,
oi the first Monday in October next
proposed in the preceding communication.
W. S HILL. Prest.of Coun.
No further business coining before the
Couucil, that body adjourned.
A Valuable Recipe. We are informed
by an old and respectable farmer of this
vicini.ty, that tea made from a vegetable
commonly known as
"rair
weed" is an
infallible remedy for dysentery, or what
is more generally Known as kooWeI com
plaint" in children. The tea is made in
the usual way, and administered until the
patient is relieved. Rag weed grows
spontaneously on almost every farm.
Our informant says he has used it in his
family for the last twenty years, ami
never knew it to fail when properly administered.
finished and matured; if thev are successful I tlie Pu,Pl,!,e I nave mentioned, the ques
thv will h a r f a .1 I U i -"-.,1- - ! U . ..1 . a - t .
V - , tutf intelligence of the I uw inc most auDronriate
r
Legislature to the remotest
Neither our Constitutor. er 71 i 1 " .: , .. i occur tome
fairly blamed, that so little has been do.. for thi 1 , ,k, "ul ue caueu together till
canspnrlnfprnal lmFnvam..t:. t...i
- . ' k ",M:a' 111 orm Carolina.
Our State is unfortunately situated, having ro
seaport, which, being the centre of trade, could
concentrate improvements; cur efforts were un
connected and desultory ; the consequence of
which was, much money was lost, and manv
errors were unavoidably made. But certainly
this unfortunate state of things will not be re
medied by ,tbrowin? the whole State into con
fusion, and upturning the oU settled foundation
of the Government.
The gentlemaofrom Rutherford complains, and
after the next August election.
The Constitution provides thsfr tha
Senate of this State shall consist of fifty I
rrjjicsciuou.es, uienniany chosen by bal
lot, and to be elected by districts ; which
districts shall be laid off by the General
Assembly, at its first session after the year
one thousand eight hundred and forty-one;
and afterwards at its first session after the
year one thousand eight hundred and fifty-
Wooden Nutmegs Octdoke. The
Paris correspondent of the National In
telligencer gives us some laughable infor
mation : It appears that the French have
learned to make counterfeit coffee berries
of worthless flour. The paste or dough
is, by means of moulds skillfully prepared,
made to assume the shape of grains of
coffee, whether of Mocha, or Bourbon, or
Martinique, to suit the taste of buyers.
The artificial grain is then baked until it
takes the color of parched coffee, and is
retailed as such, with great profit, in the
rr.r.orv afnrai ha nraftioo
j v. v. i j - i ci j gene
ral in France, ot buying trom the grocers
coffee ready parched, facilitates this mode
of falsification, otherwise impossible.
HANGED. David Mason, who was convicted
ofthe murder of his wife, was hung in Ashevile
2i. C. on 2lst inst. He died protesting his innocence.
A PROCLAMATION,
liy His Excellency, David S. R kid. Gov
ernor oj the Suae of Aorlh Carolina.
Whereas, three-fifths of the whole number cf
mrmoers 01 e..cn Mouse cl the General Assembly
did at the lst session pass the following Act :
AN ACT to amend the Constitution of North
Carolina.
Whereas, The freehold qualification now re
quired for the electors for members of the Sen
ate conflicts with the fundamental principles of
liberty; I herefore,
Sec. 1 . Br it enacted by the General .1$S(mbV
ofthe State of JYorth Carolina, and it is hereby
enacted by the authority ofthe same, thiee-filths
of the whole number of members ol ech lloii-e
concurring, that the second clause ot the thiid
section ofthe first article ofthe amended Consti
tution ratified by the people ol North Carolina on
th- second Monday ot November, A D. lb35. be
amended by striking out the woids " and pos
sessed ot a freehold within the same district of
fifty acres ol land forsix months next beloieand
at the djy ot election," so that the said clu-e of
s ud section shall read as follows : All free v. lute
men or the age of twenty-one vears (exrept as is
hereinafter declared) who have been inhabitants
ot anyone district within the State twelve
months immediately preceding the dnv cf any
election and shall have p;,id public taxVs, shi.fl
be entitled to vote for a member of the Senate
Sec. 2. Be it further enacted, Tnat the Gov
ernor of the St.,te be, and he is hereby directed,
to issue his Proclamation to the people of North
Carolina, at least six months before the next
election for members of the General Assembly,
setting forth the purport.. this Act and the
amendment to the Constitution herein proposed,
which Procl.m ation shall be accompanied by a
true and perfect copy of the Act, authenticated
by the certificate ofthe Secretary of State, and
both the Proclamation and the copy of this Act
the Governor of the State shall cause to be pub
lished m all the newspapers of this State, and
posted in the Court Houses of the respective
Counties in this State, at least six months before
the election of members to the next General
Assembly.
Resd three times and ajrei d to by three-fifth of the
whole number of member of each ilonxe ehf.ectiely .
January liS51 -emoiy. tnia the 24th day of
c- DOBBIN. S. H. C.
W EDWARDS.S.S.
State or North Caroun
t wn- .,?flice of Secreary of State. 5
thi''t Tv"'1.1.' Sretary of State, in and for
the State of North Carolina, do hereby certify
that the foregoing is a true and perfect copy of
an Act of the General Assembly of this State,
drawn off from the original on file in this office
Given under my hand,this3lst day orDec 15bl
WM. HILL, Sec'y or State. '
And whereas, the said Act provides for amend
ing the Constitution or the State of North Caro
lina so as to confer on every qualified voter for
the House of Commons the right to vote also for
the Senate;
Now therefore, to the end that it maybe made
known th?t if the aforesaid amendment to the
Constitution shall be agreed to by two-th Yrdl of
the whole representation in each House or the
tt G,,Tral AsTbIy il ,h subm !
Inf. Vv h Pe,p,P !?T "t-Ification, I have issued
this my Proclamation in conformity with the
provisions of the before recited Act ",,nine
teV?on? wj1ofADavid S- Rid. Governor
of the Mate ot North CaroliB,f hath hereunto
set his hand and caused the Great Seal or aaid
State to be affixed. u
Done at the citv of Ral;rk
. thirty-first day of December, in the
Vear of our t.nrd nn. - . .
; - - --s 'uuuHna eijrht
5 htindror! n r J f . . 'b"
j-wHr, na in the
oth year of our Independence
DAVID S Rrin
By the Governor,
Thomas Settle, Jr., Private SecV,