I circumstances to shew how next to im possible it was for them to form a con stitution that would suit the future con dition of the state. The same feelings that now are called Eastern and JVest r'r?:, then, and long before, existed in the Province of North-Carolina. If they existed among the people, it is reasonable to presume that they were not absent from the Congress of Hali fax. Indeed the journals of that body iurnish proofs of the fact. In the several Congresses before that of Hal ifax, the votes were always taken by 41 Counties and Towns." In that of Halifax, a proposition was made to Jon the same principles, or wiin the same propriety. The states are distinct sove reignties, and it is by compromise that they all have an equal weight in the Sen ate oF the Federal Legislature ; not so as regards the counties. There is not a greater disparity between the population of Rhode Island and New-York, than there is between Columbus and Rowan : and yet, in that branch of the federal le gislature where the people are represent ed, Rhode Island has only two members, while New-York has twenty-seven : but here in both the Senate and Commons, Columbus has as many members as Row an so that it is not the people, as a rela third of the free population of the sta'.e, viz. 144,04 1 souls ; but these are entitled only to 33 members, or 66 less than what the same amount of population, in anoth er part of the state, is entitled to. Is this, said Mr. F. justice, or is h re publicanism ? Is this giving to the citi zens of difiercnt sections of the state an equal participation in the rights and priv ileges of the government ? Surely not. litit perhaps this s) stem has its palliatives ! Since we have not an equal voice in ma king the laws and appointing the officers for their execution, perhaps, by way of -tenement, we are exempted from bear ing an equal share of the burdens of the live part of the whole, but the counties, " state ? No, sir, we pay our full share of as a kind of separate government, that ; the taxes, and, in times of clanger, we change the mode so as that each indi-' arc represented. The original of this furnish our full quota for the public do vidual member should have one vote, (feature in the constitution will be seen, j fence. Yes, we arctaxedby population t;v- - :.: when at is remembered that counties, in i but we are represented bv comities. What a u i liii.-) ii ii himi ion r v r i v ,v f-srr rn i - - - , , M j x county voted against it, none but the smallest counties in the east voted. In the Congress that adopted the consti tution, 3G counties were represented ; ot these, only ten were western : All that wide range of country lying west ot Kaleigh, was then divided only into . rrtt .1 t icu counties. i nat nouy being thus composed, suppose that an effort had been made to fix the principles of rep resentation on other basis than the pres ent, what would have been the result ? The same feeling that will influence members on these resolutions would have put it down : the vote, in all prob ability, would have been 2G against 10. These, sir, said Mr. F. were the circumstances under which our state government was formed ; and this ac counts for the features of aristocracy that appear throughout the constitu tion. In fact, few indeed were the al terations that the constitution made in the then existing laws and polity of the province : even the names were retain ed. The judicial department was but little altered : and the legislature not much more, except that instead of the u House of Burgesses" the popular branch is called 44 the House of Co?r.- mons, a name as appropriate for this branch, as the House of Lords would be lor the Senate. Fhe General As sembhj was the term by which the le gislature was called under the provin cial government, and it is retained in the constitution. The qualification of htty acres of land, and the representa tion by counties, were taken from the laws of the province. In short, sir, the provincial laws and customs were the materials out of which the consti tution was built, and the constitution is but little more than a compilation from these materials. And this is the mon ument of wisdom that we are told it is. sacrilege to touch ! Sir, it is right to reverence the work of our forefa th ers, but its being their work does not make it perfect ; like ourselves they were erring men ; nor do I hold with the maxim of the " Holy Alliance," that " whatever is ancient is good" Even admitting that the constitution was the best for the times in which it was made, sure its framers were not political prophets to foresee that it rould suit equally well the conditions of future generations. 'i lie old Congress, said Mr. F. that frarred the articles of confederation, the first American government, was a body of men never surpassed for warmth of patriotism, clearness of intelligence, and force of sagacity ; and yet, sir, these men, with all their wisdom and foresight, form ed a government that in a few years be gan to tumble to pieces : to save our in fant republic, a new Convention was call ed and a new Constitution was adopted liw.tr is it, then, that the sages of the old Congress failed in thSf first government, tnd that the Congress of Halifax should at once have readied the point of perfec tion ! It is not so ; our constitution is full of defects ; and I will now proceed to point out som-2 of them. To dwell upon all the defects of the constitution, said Mr. F. would require more time than he could at present com mand, lie would, therefore, only take up a part, and leave a wide field for his friends to occupy. Of all trie objectionable parts of our constitution, the sy stern of reirescntafion is the most unjust and oppressive. Upon this, said he, I shall confine my remarks ; and for the sake of being better under stood, I shall consider, 1st. The represen tation of the people. 2diy. The repre sentation of property ; for the theory of the constitution seems to be, the repre sentation of the people in one branch of the legislature, and of property in the oth er. lc.t. Then cs to the representation of the people. And here he it said, tint in practice, the people are not represented at all. It is not the fiecfde, in the true meaning, it is the comities, that arc repre sented. If the people, were represented, numbers would form the basis of the sys tem. The counties arc as much icprc fented in this House as the States are in the Senate of the U. States ; but not up- thc first settlement of the province, were separate and distinct governments we have altered the theory, but retained the practice. This then is a relic from the old colonial system ; but, sir, come from where it may, it is a system under the op eration of which, our state government has ceased to be a republic, and become a complete and perfect aristocracy. What is an aristocracy, but where the f civ govern the many ? Is it not essential in a repub lic that all the citizens of the same grade of qualifications should have an equal par ticipation in the rights and privileges of the government r and that a majority shall rule ? No government where these principles are absent, can merit the name of a republican government ; and, sir, it will not be difficult to prove that this is the case under our constitution. To show that it is, said Mr. F. I ask your attention to a few calculations bottomed on the last census, anil on the revenue laws ol the state. Let me here premise, that in all calculations made on population, the free fiofmlathn alone is taken ; for that is the only population entitled to representation under the constitution ; and, when gentle men are contending for the perfection of that instrument, they surely will not wish to assume data not recognized by it. Slaves are not felt in our legislature, cither as population or as property ; and where cal culations arc made to shew the operation of the system, we must confine ourselves to the provisions of that system. Mr. F. said he made these remarks, because some gentlemen may wish to assume the feder al 7iumhcrs as the data of calculations an assumption which he could not admit. View I. The State is divided into 62 counties, of very unequal extent and pop ulation, yet each sending to the legisla ture the same number of members making in all 193, including the borough representation. The free population of the state is 433,912 souls, which, divided by the number of members in the legis lature, gives to each member 2248 souls; or, in other words, every 2248 souls, up on principles of equality, would be enti tled to one representative. Take this then as the ratio of one member, and how will the result appear ? Why, the coun ties of Washington, Jones, Greene Chow an, Columbus and Brunswick, each would be entitled to one member, while, upon the same calculation, Rowan would obtain 9, and Orange 7 members. But take the free population of Greene or Washing ton, as the ratio that shall send 3 mem hers; and, then, Cuch of the little coun ties just named, will retain their 3 mem bers, while Rowan will send 27, Orange would gentlemen say, were we to propose as a law, that each county in the state should pay the same amount of taxes in to the treasury, and in times of war that each county should furnish the same number of men for defence ? We would soon be stunned by the cries of injustice ! injustice ! And, sir, where would there be any thing more unjust or oppressive in this, than that each county should have the same share in making the laws I But let us see the proportion of taxes paid by some of the counties, in comparison with that paid by others. The counties of Co lumbus, Carteret, Currrituck, Ashe, Tyr rel, Washington, Haywood, Hyde, Bruns wick and Moore, ten in number, in the year 1819, from all the sources of taxa tion, as returned by the sheriffs, paid into the Treasury g4,195 85 : while Rowan and Orange themselves paid within a frac tion of 85,000. But nothing more stri kingly exposes the injustice of our system of repi esentation, than the fact, that there are a number of small counties that do not furnish taxes enough to pay the wages of their own members. The counties of Currituck, Columbus, Carteret, Ashe, Tyrrel, Hyde and Hay wood, in the year 1819, paid into the treasury &2,607, ancj for thc same yc.-r their members drew out S3.441, or SS34 more than was paid into the treasury. for the year 1820, Tajres paid into the Treasury. S W 24 3S4 29 245 87 406 09 o4 33 460 62 259 77 Again Ilvdc Tyrrel Haywood Carteret Columbus Currituck Ashe lay tlraiim nut S466 90 435 40 530 449 S3 383 20 46S 472 80 S3.206 10 1 1 . . i L T . . ...... i !.. ! . . - ami me outer large couuues m uuc proportion. Vievj II. To the six counties just nam ed, add Tyrrel, Martin, Lenoir, Hyde, Gates and Carteret, making twelve coun ties. These twelve counties contain a population of 33,037 souls, while Rowan and Orange contain 37,963, nearly the same amount ; but these twelve counties send 36 members, and Rowan and Orange only 6, exclusive of the borough repre sentation. Vierj III. We have seen that twelve small counties contain 38,037 souls: con trast this with the population of twelve large counties, viz : Rowan, Orange, Lin coln, Guilford, Mecklenburg, Stokes, Ru therford, Burke, Iredell, Randolph, Surry, and Wake, with a population of 156,726 S2,509 43 From this sum of S2,509 43 deduct S168 50, repaid to the sheriffs of those counties for mileage in attending to make settlement, and you have the sum of S2,- 310 93 as the amount paid into the treas ury lor that year ; while their members drew out the sum of S3,206 10, or S865 17, exceeding the amount of their taxes. The proportion of each county the expen ses of the judicial and executive branches of the government, is about S 165 annual ly ; which added to the 865 17 makes these seven counties an equal expense to the state of g4,120 over and above their taxes. At this rate, from the taking of - are opposed to the calling of a conven the census in 1820 to 1830, when another enumeration will take place, they will have cost the treasury beyond their taxes, the sum of g4 1,000, a sum not vcrv far short of the whole amount of the taxes of the last yeai on lands and slaves. Now, sir, is there any thing just or equitable in a system that operates in this manner ? Is acies of the barren sand banks ot Curri tuck, or the rocks of Haywood, not worth one cent per acre, should be entitled to vote for a senator, while the same privi lege is denied to him that owns forty-nine acres of the rich bottom of the Roanoke, worth S50 per acre ! How, sir, could this strange and unequitable provision have got into the constitution ? Like all the rest a mere copy from the colonial government. Under that government, fifty acres of land was a qualification to vote for a member of the House of Bur gesses. By the act of 1764, which estab lished by law the Church of England in the Province, fifty acres of land entitled a person to vote for Vestrymen ; and by an act of 1723, only freeholders of fifty acres of land were permitted to keep a horse of a certain description. In fact, this free hold of fifty acres, seems to have been the general qualifier for all officers among the provincial law-givers ; and perhaps for this reason it was carried into the con stitution. Thus land weighs down popu lation, and all other kinds of property put together, while slaves, our next valuable species of property, is neither felt in the legislature as property, nor as population. Sir, said Mr. F. have I succeeded in shewing that there are defects in our con stitution, that ou?ht to be amended ? If , j so, why not do it now ? Can there ever be a season more favorable for such a work than the present ? We are at peace with ourselves, and the world ; no vio lent factions harrass and vex the passions of the people ; the public mind is at rest, save on this one subject ; feelings of harmony and liberality reign throughout the land. It is a time, indeed, that invites to a review of our political institutions. It would seem as if the genius of our re public had lulled to repose the hydra of faction, on purpose to give her favorite people an opportunity to perfect their system of government ; and, accordingly, we see our sister states availing them selves of the happy season. .Massachu setts, that framed her government under more favorable circumstances than we did, has, nevertheless, revised her consti tution. Maine, her eldest daughter, has erected a new one. Connecticut, the land of steady habits, the people that are fond of ancient things and prejudices, has re modelled her irovernment, and made it more republican. The great state of New-York has just completed the impor tant work, and jnven to the people a new and better constitution. Besides these, all the other old states have made impor tant changes in their constitutions, and all the new states have held conventions and framed governments. What does all this prove ? That the people of other states do not consider their constitutions perfect ! How, then, does it happen that ours alone should require no amendment ? And, si, after all, wnat i; it we ask of you ? Not to lay violent hands on the constitution, tear it to pieces, and scatter it to the winds of heaven ! No : only to put the question to the people Will you, or will you not, have a Convention to revise the Constitution ? Even if you doubt the pro priety of altering the constitution, surely you will not withhold the question from the people. It a majority of the people the government, ana we as;i no more this we ought to have, this we must have ; and, without the smallest intention tc menace, I may add this ive vAll have. (Debate to be continued.) INTELLIGENCE. He comes, the herald of a noisy world, News from all nations lumb'ring at his back. it not enough that we must permit these small counties to equal powers with the larger ones Must we actually pay them for making laws for us ? I shall, now, said Mr. F. leave this part of the subject, and proceed to the next branch of it the representation of firofi erty. It is a principle now universally acknowledged, that property ought to be felt in the councils of the government : not to have a predominating influence, but a proportionate weight. One of the great objects in establishing government is for the protection of property, and nine-tenths of all the taxes that support government, ! are raised directly or indirectly from prop Thus 38,037 souls in certain small coun- erty. It is, then, nothing more than jus- ties, send as many members to the legis-itice and good policy that propeity should laturc as 156,726 souls, existing in a like have something like a relative represcn iniiu.iui 01 larcre couuues uic nunc uuun 111 uic luuiiuhs ui 1111.1 ..me. is this the case under our constitution ? Is the weight of property graduated and rep resented as it ought to be ? Certainly not. One species of property only is represen ted, viz. land ; and the land-holdci s have just double the weight in the legislature that population and every species of prop erty put together have. And to make large counties contain 1 18,689 souls more than the twelve smaller ones. Vieiv IV. The counties of Washington, Jones, Greene, Chowan, Brunswick, Co lumbus, Tyrrel, Martin, Lenoir, Hyde, Catcs, Carteret, Ashe, Beaufort, Bladen, Bertie, Camden, Currituck, Franklin, Hertford, Havwood, Moore, Northampton, Nash, New-Hanover, Onslow, Pitt, Pas-; the system stiil worse, even land is very quotank, Perqiiimons, Warren, Wayne, unequally and unfairly represented: 1st, Person and Richmond, in all 33, contain as to value. The lands of Gates, Colum- 1 lt,923 ,ouls, just about cue-third of t!,o bus, Lenoir, Ashe, Haywood, Perquimons, free population of the state : yet thev send Pasquotank and Tvrrel, containing U3CO,- 99 members, which is a majority of the 000 acres of land, in 1315 w re valued at whole legislature ! Does it not plainly S 1 ,7 I ,S 10. But the lands of Po-v:m a- appcar, from thi view of the subject, that lrie wore valued at S 1.870,1-12. and Hal- one-iLnct ot the population of the state lfax at 13 : And vet each of these completely govern and control the other ' poor counties hae as much weight in the t'vo-thirds ? What is this but aristocracy I Senate as liowan or Halifax. 2dly, as to Thcf:: govern the many : one-third con- i extent. Rowan Iras a greater extent of trohng two-thirds making all the laws i territory than some four or five of the appointing all the ofliccrs, judicial, execu live and military ? Again : the eleven large counties (omitting Wake) cnume-i little counties just named but she has no more influence in the Senate than cither of them. Can there be any thing rated in -ici-j 3c, also contain about one-1 more unjust, than that the holder of fiftv tion, we will at once submit without a murmur: if a majority arc in favor of tne measure, then, surely, there is not a man on this floor so unjust and anti-re publican as to prevent it, even if he could. Then lei the question to the people to the source of all political power ; and whatever they determine, let us, like good republicans, submit to. What is it that our eastern brethren fear from a conven Hon i Are they afraid to trust the peo ple with their own rights ? Are the peo ple of North-Carolina less enlightened. less virtuous, than those of the other states ? Are they less enlightened and less virtuous now. than they were forty years ago ? Say not so ! it is a libel on the state I on the march of the human mind ! But gentlemen apprehend, if a conven tion is called, that the power will fall into the hands of the people, and that a ma jority of them live in the West. Admit !t, and what then ? Ought the power not to rest with the people ? And what have you to fear from the people of the west ? vrc our interests not the same ? Are we not brothers ? Can we in the west adopt anv measure, or pass any law, that will injure you, without, at the same time, in juring ourselves ? Surely not ! No : we expect nothing from a convention but jus tice, but equal rights in common with the people in every other section of the state ! These, sir, arc our claims, and are they not just, and reasonable ? We appeal to your magnanimity and republicanism. The rights that we claim, were won by the joint exertions of our forefathers. Your fathers and our fathers mingled their mooci in the same holy cause : they won the boon together. Why, then, will you, in dividing,claim the greater half? Wherp is that love of justice, and of right, that fired the bosoms of our A ashes" David sons, and Moores, and their generous com patriots ? -Has it fled forever I Sav not so. May it return and inspire our 'east ern brethren with the influence of that sacred maxim, of doing unto others as you would wish others to do unto you. It is all we ask ; give us but an equal parti cipation with yourselves in the rights of FOREIGJV EXTRACTS. London', J an. 5.- The project of the law of the public press proposed by the new French Ministers, is given in oui preceding columns. These men pledget! themselves, when seeking oluce, to dis pense with the previous censorship, but actual possession of office appears to have had a wonderful effect upon their memo ry. They proposed U limit the exercise of the censorship, it is true, but in place of the curtailment, they substitute a mea sure of increased severity, which enable? Goverement to suspend or entirely sup press any journal which has net the good fortune to find favour in their sight. It is not probable that a Ministry got into power by the affectation of liberal views, should survive the insult offered to pub lic opinion on the proposals of a law that completely extinguishes the liberty of the press, and with it aims a deadly blow at the constitution and the liberties of the country. German papers, and a Dutch Mail, the latter with papers to the 2d instant, arriv ed this mornirg. They contain an ac count of a curious affair between some Turkish and Russian soldiers on the Pruth, but was merely an accidental ren counter. The Austria?! Observer, from the 19th to the 22d Dec. inclusive, has no news from Turkey and Greece. The story of the assassination of the Grand Seignior is now become an exploded fab rication. There is no agitation in the funds thiv day. They remain steady. The Government Officers were all bus tle yesterday, and it is understood that several important orders were issued, with reference to the Declaration of war by Russia, which is now hourly expected. 3Torriing fiaficr. We understand that Lieutenant-General Sir Edward Paget, G. C. B. now com manding the Forces at Ceylon, is appoin ted Commanderin Chief in the East Indies, from which the return of the Marquis ol Hastings, who holds that appointment, as well as that of Governor-General, appears certain ; as also that a Civilian will suc ceed the Marquis as Governor-General. ib. NEW LAW OF TIIE PRESS. Paris, Jan. 2. Great expectation was to-day excited by a report which wan spread in the morning, that Ministers had at last resolved to come forth from behind their veil of mystery and indecision, and to propose to the Legislature their new law for the journals. Accordingly, though no ministerial communication was an nounced, great numbers of people pro ceeded to the Chamber of Deputies. The late change of the Cabinet, in conse quence of the declared dissatisfaction of the Chamber the withdrawing nf thn late ministerial project of law, when it was about to be discussed on account of its repugnance to public opinion and the known sentiments of many of the Ultras against any other project that should in volve a previous censorship (with which, nevertheless, it was supposed Ministers could not immediately dispense,) gave an extraordinary degree of interest to this first legislative essay of the new Min istry. It was presented to day. AH the Ministers were present. The fruit of their protracted labours and renewed con sultations cannot fail to inspire you with wonder, and may be considered as deci sive of their fate. Their project has struck all the lovers of free discussion , with horror. It embraces the censorship in certain cases, and introduces arbitrary power into the Courts when arbitrary pow er ceases in the censors. If the Court Royal, after a solemn sitting, and without a jury, thinks a journal conducted on bad principles, it may suspend and even sup press it. Of course any Opposition Jour nal may, in the opinion of the Ministry, be considered as conducted in a bad spirit. 1 have not been able to get vou a cony ot the new law, but the following is the sub stance of its most important provisions. Art. I. No Journals, except those which at present exist, can henceforth ap pear without the authority of Government. Art. 2. The offences of the journals against individuals will be prosecuted in the ordinary manner. Art. 3. In case the spirit or genera! tendency of any journal or periodical writing shall be of a nature to injure the public percc, or the respect due to the religion of the State, or the other reli gions recognized in Faancc, or the au thority of the King, or the stability of con stitutional institutions, the Royal Court; within the range of whose jurisdiction these journals are published, shall have the power, in a solemn audience, to sus pend the said journals or even to suppress them. Art. 4 If, in the interval of the Ses sion of the Chambers, grave circumstan ces should momentarily render insuffi cient the measures of guarantee and re pression at present established, the cen-