hr necessary in other cases, it ought
rjo'' to weigh much upon the decision of
rhe house as to the besl organization of
the other branch its importance swens
far above it ; but he thought it might,
with propriety, urge the impediment that
.multitudes in a deliberate body presented
to the dispatch of business. Take the
Senate and the House cf Representatives,
and compare their relative dispatch of
business, and the history of the two
branches informs us, that it has been at
least in an inverse proportion to their
numbers ; I will not say that business is
better done by this body, because it might
be esteemed invidious. As to the precise
number of which :i deliberate body should
be composed, to secure the wisest coun
sels, it is obvious there is no definite rule
by which to govern it. We all agree
upon the extremes there may be too
few or to many. If the body be so small
as to enable the members to coalesce with
impunity, no one hesitates to say, that the
organization is vicious ; on the contrary,
if so multitudinous that a portion only can
deliver their sentiments, and a few only
hear, it is any thing but a deliberate body,
in the just sense of the word. It has
been remarked by a wise man, 44 Had ev
ery Athenian citizen been a Socrates,
still every meeting of the Athenian Peo
ple had been a mob." The happy medi
um between these extremes should be
the object of inquiry. Happy will be the
man to whose superior genius the secret
shall be revealed. In the absence of this
guide, we must content ourselves with the
best lights we possess. If we were to
decide on the number best calculated for
a "deliberate body, without reference to
other considerations, the number now
composing the Senate would be esteemed
sufficient ; but we are constrained Vj mix
other considerations, namely, the neces
sity of such an intimate connexion be
tween the representative and his constit
uents as will enable the former to become
possessed of the feelings and views of the
latter, by which he will be enabled suc
cessfully to fulfil the object of his ap
pointment. Both considerations being
entitled to great weight, the number pre
scribed must be influenced by both. Hut
it is our peculiar happiness, from the for
tunate arrangement of our institutions,
that the necessity which dictates a very
intimate connexion between the repre
sentative and his constituents, does not
apply so strongly to the House of Rcpre-
sc .uu, iu iuii... y ,t.s.u. ;u
whom belongs the whole range ot "Iegis-
,, ,. .-.i
lauuii. au uie jocui suujccis lumiiclicu
with municipal legislation arc wisely as
signed to the states. The subjects to be
acted upon by the House of Representa
tives are of a national character, and ne
cessarily of a general nature. The election
districts, in the former case, may, there
fore, be comparatively small ; in the latter
as extensive as a just regard to a consid
eration before alluded to will permit. And
how infinite will be the advantage result
ing from enlarging the sphere of selec
tion I A candidate will then attract con
sideration only by his distinguished char
acter for talents and patriotism. All the
aits of personal solicitation will become
unavailing, and the hero of the cross
roads and petty mustcis will recede from
the contest.
There is a recommendation in favor of
the sin i!est number consistent with the
frrrv.t m incinle of renrosent at inn. irnw
ing out of our peculiar form of govern-j
incut. As you multiply the number of j
the IIou-.c of Representatives, you give 1
to i: more the iorm, and eventually more
of the character of a national, in contra
distinction to a federal, government.
The immense influence of live hun-
'
drcd distinguished citizens, or a thousand,
if to that point we should ever progress
in the House of Representatives, diffused
through every part of the republic, must
be readily admitted. To prescribe its
limits would be almost impracticable. To
tho-se who see, or think they sec, a ten
dency in our government to consolidation,
this argument, it is believed, will not be
used in vain 1 he number should be fix
ed by the Constitution : it should not be
the resuit of a conflict every ten years.
Let your former experience proclaim to
you in language stronger and more im
pressive than any individual can employ,
the indispensable necessity of a constiiu
tional provision. It is not recollected by
all who have been actors or eve-witnesses
to the scene, that members will look at
home for the rule of their decision ? It
is but too frequently the case that the ab
stract question of what is best, is lost in
the selfish one of what will be our frac
tion in the state. Nor is this all. A
member who has a little snug district
where he has long walked over the course
without a rival till his vanity has whisper
ed him he has a freehold estate, is some
what unwilling to enlarge it, by which he
may introduce a successful rival.
Mr. B. trusted he did not entertain a
too unfavorable view of mankind there
was nothing in his nature that led him
that way nor was he disposed to speak
harshly of them but the truth ought not,
cn a subject like this, to be disguised ;
end a man ought to speak out, when it is
necessary to speak intelligibly. No, sir;
in deciding on the great question of the
best organization of the Vfousc of Hep
resentatives, the mind should come free
smd unbiassed to the decision, with an cx-
elusive eye to its influence on the future
destinies cf our country. Nor are we
alone interested in the decision. It is in
teresting to all mankind. The principle
of lepresentation is looked to by the phi
lanthropist as the living spring of political
reformation. The eye of all nations is
upon us. Let the hireling scribblers
of despotism arraign our vanity for be
lieving that we are charged with the fu
ture liopes of mankind, For his part,
.Mr. B. said, he would never cease to
cherish the proud -reflection, and on all
proper occasions to proclaim it, that, by
our example, we hid emancipated from
bondage one hemisphere, and materia
"a")'
ther.
ameliorated the condition of the otl
For, is any man Mich an infidel as not to
believe that the efforts for liberty now
making in the othcr America had their
origin in our examn!-, or that the great
political drama which has been acted on
the face of Europe for the last thirty
y I '
rliIi-.l 1 .. n KiK t n o Knun o r rt rl rr
years, does not claim the same descent ?
One aniontr the most distinguished men
Europe ever produced, proclaimed, co
tcmporary with the French revolution,
that the reform which had been banished
from England to America was seen to ad
vance, like the shepherd lad in holy writ,
and overthow Goliah it returned riding
on the wave of the Atlantic, and its spirit
moved on the waters of Europe.
Let the despots combine against human
freedom, and impiously baptize their al
liances holy. If we can hold on in the
splendid career wc have commenced, the
march of freedom cannot be stayed. Its
progress may be temporarily arrested by
their accursed machinations, but, sustain
ed as it is, by the wishes of heaven" and
of earth, its triumph must be as certain
as it will be glorious.
Mr. B. Concluded, by remarking that
he would not now further engage the at
tention of the Senate, as lie would not
permit himself to believe that anv opposi
tion would be made to the leave which he
had asked. He would retain fir the final
discussion some othtr views which he had
intended to have given.
Mr. J jhnson, of Kentucky, having ob
tained leave, introduced the following
resolution, proposing an
AMEVDMKNT OF Till: CONSTITUTION:
lleso'ved, by the Senate and House of Ilrpre
sentatives uf the United States of linevica in
C'jnjrets assembled, That the following amend
ment to the constitution of the United States,
k proposed to the lcgisl
... . "
status, which, when rut.hc
ittires of tho several
cd by the legislatures
of three-fourths of the states, shall be valid to
nil intents and purposes, as partcf the said con
stitution :
"That, in all controversies where the judicial
power of the. United States shall he so constru
ed, as to extend to any case in law or equity,
arising under this constitution, the laws of the
United States, or treaties made or which shall
be made under their authoritv, and to which a
: state shall be a party ; and in all controversies in
which a state may desire to become a party, in
consequence of having the constitution or laws
of such state questioned, the Senate of the
United States shall have appellate jurisdiction."
When he yesterday gave notice of his
intention to make his proposition, Mr. J.
stated that it had originated from serious
consequences which had lately taken place
between several of the States and the ju
diciary of the United States. More es-
diciary ot the United States.
pccu-lly a late decision of that Court which
hacl declared unconstitutional a certain act
of thc Kentucky Legislature, called the
-upjiig viuimam Law, wmcn wouiu
overturn the deliberate policy of the state
tor upwards of ten years past, the object
r - . i . ' .
OI vwhcii was the settlement ot conilict-
lnK laml claims, which had been a serious
cvil to c nrosnritv of ihn Kt:itr. ruiH.
. I ' '
il persisted in, would produce the most
disastrous consequences in giving rise to
much litigation where questions had been
settled for years, and put every thing ex
cept landed property into the greatest
confusion. He stated that no common
consideration would ever induce him to
piopose an amendment to the constitution,
but he considered the causes which had
induced him to ask leave to propose this
amendment, of no ordinary magnitude ;
he was not prepared to say that this was
the best remedy that could be proposed,
but he would say, that it was the duty of
Congress to look into the matter before
the subject assumed a more serious char
acter, and it was for that object that he
determined to introduce the amendment.
On ottering this resolution to-day, Mr.
J. further said, that on yesterday, when
he had given notice to the Senate that he
would ask leave to introduce the amend
ment to the constitution on a subject so!
vitally important to the harmony of the
v-inic-u oiaies, ne uiu not Know, nor uiu
he hac the most distant intimation, that
he should be anticinating the wishe
s of j
the Kentucky Legislature the body)
which he had the honor in part to rcpre-j
Sent. But he Wa hnnnv to .Uc,- tl,.j
a resolution had been introduced into the
Legislature of that State, declaring that
the Senate of the United States, or some
othcr tribunal should be created to take
appellate jurisdiction in cases where a
State, is concerned in judicial controver
sies in the Courts of the United States.
He expressed a most decided preference
for the Senatorial body, where all the
States were equally represented ; and
whatever was thus decided, without thel
trouble or expense of another tribunal, combe county, up said river as i-r
would be likely to quiet public excitement ter's Mills. ' f
where a State considered her rights vio- 17. Concerning the county court ot
lated by the judgment of the federal ju- Person county.
diciary. 13. To provide a Revenue for the pay-
Mr. Barbour, of Virginia, rose, as he mcnt of the civil Uf "" """"5
said, to second the motion of his honora- charges of Government, for he
ble friend-not from any apprehension The tax on lands and polls the same as
that opposition would be made to the leave last year the tax on pedlars n
acd, because that would be a departure Pilars on navigable waters SdO on mci
from the comity universally manifested to giants from 6 to 25 dollars, according to
every member who tende'red for consid- their capital,to be paid in April, anu a li
eration a subicct of interest, but merely cense taken out on billiard tables .oo
i tu bear testimony to its importance, and
i . . it. mmnrronri.. nnrH
! to the necessity that exists of a thorough
; investigation of the subject. There are,
bject
: saij h ' othcr decisions which have been
J madc by the Supreme Court, beside the
j decision on the occupancy law, alluded to
lw hU frinml. .whirh havn nroduced con-!
J ...w ...W..W, ...W.. .....W
! 1 , -. . 1 I. T 1 -
j siderable excitement, and to allay which,
j if practicable, well becomes the wisdom
of the Senate. I am very far from ex
pressing an opinion for or against the pro-
nosed amendment. In a case of such
consequence, opinions ought to be formed
only after the most serious deliberation.
That nn vil pyut, in the collisions be-
twecn the constituent members of our
Union and th frrWal authoritv. as to the
snhnr of tho nnwprs nf thn latter, must
be admitted, and is a just subject of deep
regret. The investigation growing out atc, relative to me appointment oi i rus
of'the proposed resolution may eventuate tecs of the University, for the govern
in its rejection, as being more inconven- mcnt thereof, and for other purposes,
icnt in its conseouences than the consti- 23- An act to authoiizc the distribution
tution asnaiv construed; or, on the other
hand, it may be adopted as an effectual
rcmedv to the existing evil or, nerhaps,
by eliciting the whole wisdom of the Sen-
ate on this interesting subicct, some other
plan may be devised that will obviate the
existing difficulties, give satisfaction to
those now disquieted, and restore that
confidence and good will on which alone,
to any beneficial result, our institutions
must rest.
The resolution was twice read by gen-
eral consent; and, on motion of Mr.
Holmes, of Maine, it was made the order
of the day for the second Monday in Jan-
uary.
mm
NOKTil-CAKOUNA
T. KG IS v. J 7 T UR K.
Of the Laws enacted by the Legislature of N.
Carolina, at its session in 1821.
PUBLIC ACTS.
1. An act to repeal an act passed in the
year 1820, entitled " an act to provide for
the payment of costs when a slave is con-
victed of a capital crime."
2. An act to amend an act passed in the
year ibu, entitled an act granting lur-
ther time to perfect titles to lands within
this stale. Allowed till 1st January,
1823, to perfect titles.
3. An act directing a Court of Oyer purchase the rights of such Indians
and Terminer to be held for the county of Penalties incurred by purchasers remit
Craven. The Governor is empowered ted.
to issue a commision to some one of the 31. To amend an act passed in 1819,
Tilf1rpi tn linlf! a rnurf in T:innnrr tirvf- rtt?tlrl -m rfr rl!i'ai!n r, ...,1 I i i
4. Supplemental to an act passed at the
(ncsci'i acsbiun oi uic vjenerai vssemoiy, i
entitled an act directing a Court of Oyer
and i erminer to be held ior the county
of Craven. Provides that if the Judge
shall not attend during the three hrst
days, his commission shall expire. 33. To amend an act passed in 1777,
5. An act to alter and regulate "the sit- for establishing courts of Lr.w, and fol
dings of Camden County Court. Alters regulating proceedings therein. TDirec-
uic unic ui iiuiuiui; uic V.UUH iu uic sc-
venth .Monday atter the lourth iMondays
in March and bcptcmber.J
6. An act to annex part of Bladen to
Columbus county. Appoints David Gil-
Iespie and Samuel B. Andrews of Bladen,
ITT t 1 t- c: - -I
v m.uorc unu l.. i. oimmuiis, vommis-
sinners. j
7. To amend an act, entitled an act to
amend an act passed in the year 1816, en-
titled an act concerning the navigation of
Tar River. Sale of stock to be made in
Louisburg.
8. lo amend the hrst section ot an act exceeding 50.
passed in 1815, entitled an act concerning 35. An act providing further punish
the Navigation of Cape Fear Alters ment for harboring or maintaining runa-
ine piace oi selling tnc siock to rayeite-
vinc.j
u umtmi uk jvv-uuii ui mi uuiiiy, auuu uc suu cct to indictment.
passed m 1816, entitled "an act concern- 36. An act for incorporating a compa-
ing the Navigation of Catawba river." ny to deepen the swash, called Blairs
Sales of Stock to take place hereafter in Channel, in Pamplico Sound. Stock to
Lincolton.l he 50,000 Hnlhu-c. 5 cl,nro, inn ,i,.i
I
10. To repeal part of the act of last ses-
sion of the General Assembly, respect-
ing the courts of pleas and quarter ses-
sions ol Pitt and Beaufort counties.
11. To alter the time of holding two
of the courts of pleas and quarter sessions
of the county of Burke. .
courts of pleas and quarter sessions of
. vuv,, un.
Mecklenburg.
13. To alter the time of holding the
superior courts of law and equity for the
county of I lay wood, and the superior
courts of law and equity and courts of
pleas and quarter sessions of Buncombe.
14. To irpeal part of an act passed in
the year 1 S 1 6, entitled 41 an act to compel
retailers of spirituous liquors by the
small measure, to take a license from the
county court, and for other purposes."
15. Making the afiirmation of the peo
ple called Dunkards, evidence in crimi
nal cases.
16. To keep open Ivey River, in Bun- j
dollars staire players, kc oU nonais in
every county 10 dollars on every slave
brought from another state for sale 1000
dollars on every Broker, or exchange or
lottery office 5 dollars on every turn
pike road or toll gate.J
19. To alter the times of holding the
courts of pleas and quarter sessions of
Carteret county.
20. To amend the acts making provis
ion for the poor.
21. To alter the time of holdincr the
superior courts of law and equity for the
LUU,,lIt5 i v,aier, joiics, ureenc ana
Lenoir, and to niter the times of holding
ue courts of pleas and quarter sessions
ot tnc counties of Jones and Craven
22- T consolidate into one, the sever
al acts of the General Assembly of this
of copies of the late revisal of the laws
f North-Carolina, made under the au-
tnority ot an act passed m the year 18 17,
enuueuan act ior tnc revisai oi me acts
of tnc General Assembly.
24- An act respecting the Courts of
Pleas and Quarter Sessions, for the coun
ties of Wake, Heatie and Franklin.
25. An act directing the time and place
of sales of Lands and Negroes under Ex
ecution. At the Court House in each
rnnntr nil :irt Trnrln in i K - r 1 -
for want of tjmc on t'he succeedinir dlv
nrrlnix.l
26. To explain and to amend an act
Passcd at the la!t 9.eneraI Assembly, en-
uueu an act limning me time witnin
w hich judgments before a Justice of the
Peace may be revived. Three years is
the time limited.
27. To promote the administration of
justice. Giving power to a Judge to re
move any case to an adjoining county, on
nr
sumcient cause being shewn.
28. Regulating the fees of Notaries.
The fee of the Notary is hereafter to be
25 cents only.
29. Imposing an annual tax on Stud
Horses and Jack Asses. The tax is the
price paid for the season of one mare.
30. To amend an act passed at the last
Session of the General Assembly, enti-
tied an act prohibiting white men from
cultivating the lands reserved to the Che
rokee Indians. This act provides that
purchasers of reserved Indian lands mav
off and opened from the town of Fayette-
vine to Aiorganton in liurke county, and
also an act amendatory thereto, passed in
18 18
32. To increase the salary of the Sec-
retary ol State, and for other purposes.
ung me manner in which appeals, &c.
trom County Courts shall be taken.
34. An act to amend an act, entitled an
act to re-enact and amend an act, passed in
the year one thousand citiht hundred and
sixteen, entitled an act to incorporate a
....
company, to be called the Clubfoot and
Harlow s Creek Company, and to increase
the capital stock of said Company. Books
to be opened for subscribers not exceed-
ing 240 shares of 100 dollars each, with
those already subscribed. The State to
subscribe for any number of shares, not
way slaves. H'ersons enticing Slaves lo
runaway, m addition to the present penal
be 50.000 dollars, in shares of 100 dnl
la; s each, lo be under the management of
five Directors.
37. An act to amend an act passed in
the year. 1820, entitled an act to improve
and repair the Turnnike marl lat nun.
ed by Nathan Horton, in the county of
Wilkes. Authorizing the calling of
iimius io worK on the road, and payment
of 1000 dollars, from thr fnnrt -nnrnnru
ted for. Internal Imm
Internal Improvements."!
38. To enable infants who are seized
or possessed of estates in fee in trust, or
by way of Mortgage, to make conveyance
of said estate. By petition and order
of ccurt.
39. To provide for the execution of
process when there shall be no proper of
ficer in the county to do the same. The
Judge may authorize an ofiker in an ad
joining county for the purpose.
40. To incorporate the Roanoke Inlet
Company, and for other purposes. The
stock is to be 200,000 dollars, for opening
the Inlet, in shares of 100 dollars each.j
41. To repeal an act passed at the last
session for the relief of Honest Debtors,.
42. For the relief of Insolvent Debtors.
Which provides that creditors shall pay
the prison expenses of his debtor for the
first 20 days.
42. To alter the "time of holding the
Superior Court of Martin County.
41. An act for the better regulation of
the County Courts of Buncombe. A
majority cf the Justices required to elect
five of their number to hold the County
Court. Three to be competent to trans
act any business to be paid S2 per day.
The act to go into effect immediately
45. To amend an act passed in 1816,
entitled an act concerning the navigation
of Neuse river, and to amend an act pass
ed in 1812, entitled an act for opening
I and improving the navigation of Neuse
river.
46. To amend an act passcd in the year
1S20, entitled an act for the purpose of
aiding the opening the state road from
Jonathan Woody's blacksmith shop to the
Tennessee line, in the counties of Wilkes
and Ashe.
47. Making it an indictable offence to
injure or deface the statue of General
Washington.
48. To confirm the boundary line be
tween this state ard the state of Tennes
see, and for other purposes.
49. To amend an act passed in the
year 1796, entitled an act to remedy cer
tain inconveniencies arising under the
present land laws.
50. To extend the time for registration
of grants, mesne conveyances, powers of
attorney, bills of sale and deeds of gift.
51. An act to authorize the employ
ment of an Architect for the State.
1600 dollars per year allowed him.
52. An act to amend the act of 17S4,
to prevent the exportation of unmerchant
able commodities. Defines the kind of
Lumber that is merchantable.
53. To provide a fund for Internal Im
provement. Gives the Dividends on the
stock owned by the State in the Newbern
and Cape Fear Banks.
54. An act to promote the Administra-
hoii oi justice m mis otate, Dy requiring1
r t c. r
the production of papers in certain cases.
55. To compel the due execution of
process by sheriffs and coroners.
56. To repeal an act passed in 1819,
concerning militia fines and forfeitures.
57. An act respecting the arrangements
of the circuits, among the judges of the
superior courts.
PRIVATE ACTS.
An act to incorporate the Rowan and
Morganton Agricultural Societies, and
for other purposes.
Concerning the Poor House in the
County of Rowan.
To increase the number of Jurors in
the Superior Courts in the county of Lin
coln, and for other purposes. The num
ber to be increased to 48.
An act to amend an act passed in 1815,
entitled " an act to authorize the County
Court of Montgomery to appoint a Com
mittee of Finance to settle with the offi
cers of said county therein mentioned."
An act to authorize Paul Barringer to
erect a gate across a public road.
To incorporate the Rutherford Agri
cultural Society.
Regulating the duties of the County
Trustees of Randolph county.
To incorporate the Union Library So
ciety, jn the county of Iredell.
To authorise Daniel Jarris, of Surry,
to erect a gate, Sec. Sec.
To incorporate the Lincolnton Female
Academy.
To compel the clerks of the superior
and county courts of Surry, to keep their
offices at the court house.
Auth orizing the laying off more lots in
Lincolnton, and other purposes.
To compel the register of the county
of Mecklenburg to keep his office at the
court-house, in the town of Charlotte.
To amend an act passed in the year
1811, entitled an actdirecinsr how Patrol-
lers shall in future be appointed in Meck
lenburg county.
lo incorporate the Lincolnton Fire
Engine Company.
io establish the Spring Grove Acade
my, m the ccuntv of Anson, and to ap
point and incorporate the Trustees there
of. Concerning the town of Salisbury.
To repeal part of an act passed in the
year 1820, entitled, an act to repeal an
act passed in the year 1819, authorizing
me commissioners ot the town ot Mor
ganton to sell certain parts of the public
square in the said town, and for other pur
poses ; and to repeal an act passed in 1818,
appointing commissioners to sell certain
lots and town commons in the town of
Morganton, and for other purposes.
To authorize the Smoky Mountain
turnpike company to extend their turn
pike road from the line of Tennessee to
the mouth of Soco Creek, in Haywood
county.
To alter part of the road laid out accor
ding to the act of Assembly of 1 3 1 7, c. 30.
from Fayette viile to Morganton.
To incorporate a Male and Female A
cademy in the town of Charlotte, in Meck
burg county.
To incorporate the Morganton Agri
cultural Society.
To authorize Miner Smith and Lucy