North Carolina Newspapers

r C4 7 l yU,'lll(, -J' " -iiv "JSf1 - r . . . i .". 1 i ' " - til c SENTINEL'? 1VH. E. ILL, . nEATO GALES. YfednrsdHy Evening, Jutf , Foa ten ConsTituTion Or tb Uiirreo Btatm, AS IT IS, th Union AS IT WAS. " Ho Tvurmt Avixumemi " u ron oovi:uoii, ' JONATHAN WIITII, OF RANDOLPH. . Bemcmber that tlie ele-ilMS for tbe rstilfleatloii off he amended onstttp tlon mfSorth Carolina, will Ik licld ea theSd., 3rd. stnd eih of August nest, througliotit the State.' ' 1 '. i .1- . '. J Ji-iuLjaa a, ' . :...('-'-- Editors. . The Sentinel, the organ of Got. Worth, Very coolly announces the purpose which Am -been formed in Kaleigh to detest th new Constitw tion. ifUmditrU. . i ' The above is a total misapprehension. ' If any purpose hss been funned in Raleigh to- defeat the new Constitution, we bare not beard of .it- . The connection of Gov. Worth's name with the matter U based upon a false impression and nloes him Injustice, and we call upon the BUi- ' imi to correct the Impression non-lit to be W.i. T r 1 - . W , ll. t , , & i . .-. ... ! mp.m ,. - ion as to the powers of the Convention or the new Constitution, that opinion baa not beta made public, or expressed to sr,y one author bed to make it known. Indeed, regarding the t Conrention aa aa independent body and totally distinct from hi oflke, he bat not fult bimiwif at liberty, unlet directly approached, to give ' " an opinion, we take tne liberty, However, or saying that we have beard Got. Worth express no opposition to the Constitution, e$m vfwU, " believing it in the mala to be well arened eml- We will briefly state our ovn position : 1. Aa to the power of the. Cpnvtnllnn,' our J tniod b& ondurgone no change as to th posi tion we first took : that the power to euli tha Convention originated In the military authority of the rrcrUJiitk thut the exercise of this au- - thori'y u pror la k,l4tking into flow the vivws of the PrefeiJcnt and the surrounding. . 'cirenmstanoen not that a better way was al remly providedthat the election of tha dele-' guti.-s wi a simple acquiescence by the pesple, nnd'f the circumstances, and Dot What they " "would have done, if otherwise situated. f i. TJjiit the Convention was called for ipe , clo p-trpoe and limited in Its power that when the rrcHident doclared that speciSo pur- .' pone l.'i 1 been accowplinhed, as be did in bis i" ' - ! ' tlon e in 1, end it ouyht then to have adjoorn- ' ' 8. 1 lie Convention, However, enwruuning d'.y tmt opttibm,' proceeded to engnge In the uik of revi-in, amending arul re-writing the Bn'ire oro-fHiIo law. and in ordiiiurv lcclslatkm. While we believed Its proceedings la these re ap..' iiTwere irrcgularand without proper warrant from the people, and in opposition to our nsual approbation of tu people, we wew ready to acquiesce in thvir derinion. -. '4. Several of the ordinances, passed, seemed in our judgment to be proper and necessary, to tnctst the exigencies of the times. , Tht amen dt-d Constitution, wr bsve said, was ariniirabla in iu form, and by far theisrgcrportloti ws have endorsed as mecHntr our own views. : Wsbave stated that, ia several renpects, it wss objection able, bat Inasmuch there way-eat danger, at the present time, of failing to"8A as good a Convtitiith.n.i-ither .by" ..V'syh'i ihe.' lPn. it stood, or by the ajjeiicyol a new Convention, we thought it safit and best, if the ratification "by the people could (five validity to the instm wi. t. it abmtl-l MTntii(t''--Tv-" 5. I.'ow we find the doubts as to the powers of the Convention growing 'among" the people, and ninny of t' first h ;;!il miuds of the ttsts svj-reis the cj -ioion thut the ratification by the people tun,4 jm-e it validity. From vsrfous quaitcr, T , t and V. t, we hem of gro-.i '.. . ...v to the amended Cnt,lution. - I his tntWrmaiion. and only tLK led tOOlU' remark in rctcrcncs to the Lis.'uini.ii't Governor." ;We re pent, if there is any J u:p-..-e ia this city to de feat tlje tiew Constittition, (xcepi that most per sons intend to do as they phrase, and Toto for or a-A'mat it Hi thfT tnilT fleet, we do not Know ib la order thai the people mi-y aet un 1 r ' aid lnrr'T. iMil.'i h" to-duv bf WjtieHt, a I u I from n al lc j un to s member o! t I i Convention, the Coir--' nf 'conferred by l.'j .ii 1. ("round broadly, tii . i 1 . o, 1 t" 1 t i tmj the C 1. 1 If - t..e r t " t ..i t:.e. tie nit 1 ' ' m, nj a -i!e, mid in ii t.t(,,,iin sis it i;s a ! can- " . ..-st f t' e I t i-; r f i .4 . .1 Ii 1 1 c li r 1 r to i ,.i.n us, reu- en vu Cot 1. er it aim-, t c -r'..,o tUat wecaa ' a (' .:i ill so eol.x i va- 1, ( .11 8 I i V t ll. ' I. ie t' sec1 limn 1 It weme w ' to .4 1 t'. s if it ' m Lo n n ,i 1 1 : n ,t ! in ' ; t ( jue win pee it n.ian itidamleiir o' j lions tovaiious poit.f in t' smcii led Constitution. . 1 Y.'eC" "-r with iMs writer on several poinds I li -1 i . ..lie w, I. . -ii in tin -e roluuins on this eub : s s!,h! and muct be beard in a ) jiet i: r s vi 1 v -I 1 I r i i.e p.- fi (ih ... s iioiu t..e I. - hi . I a Conver ; .,.n, 1 i n if T in," 1J.S.II. Y..1 . .j i. w.,u the -;;. il c. . mi l 1 ii.o K. Kerr, of How- e. i . r , f . n i in Chbt- ,s of the tneet.ng r to-morrow. rbikdslphl ConTentioa-"Test OatL", Ws poblisbed on yesterday the programme or platform made by tbe Execntivt Committee of the National Union Club st Washington, In oonertWn witls tbe call or invitation to take seats in tbs Philadelphia Convention. Ws took H Utt gtwnt tbwt tha Wit 'was madflaf-gnod faUhj we llive m still. 'The aforesaid plat form wa regard m the only eoaditioa repaired of those elected to theConvsoiion. Xo outside issue of test will or ought t be allowed. . : .- But tbe eommltee speaks of Joy hi defegstem, sad m -attempt is snade by eoase praeeee to make lit impreasion that th lest of iojmy, which will be msxie by beConvention, will be tbs Congressional "test ,oath There Is no iounda&HS fa tbl blea, In eonnectian with this, also, the attempt is made to Impress the public Inirid that I'resideat Minsoa Md Mr. Howard, and other leading Conservatives, make that oath s test of loyalty. . t, j;f ; v'tr - We defy any one to show nnmistskably, that President Johnson has at any time, said or done ny thing, which files definitely the position, thst be regards tbe teat oath" as the tree test of loyalty. ' We take the seme position la re gard to Mr. Seward of any ether prominent Northern conservative';;' V.i , .;:..' The act end sayiogs of the President and Mr. Seward go to show precisely the contrary. But certain expressions have fallen from both of upon thein this meaning, Now, we understand this to be their real aieaning :' ..The President and Mr. Seward regard the "test oath" aa the lsw of the land; and nnfil repenlcj or declared unron, i. tutumal, must, be enforced, . Hence, they prtferrtIt)n order to an early settlement ef the di21culty, that the Southern people should send rhicgrttt-t to Congress who ou!d take tbe "tat oath." No one ever expected the Presi dent to over-rids the lsw and . force debgatee npon (he Congress, though it is well known tbst beheld and now holds, that Congress bse .no rightful authority to pssK laws for the" purpose of keeping them out. - This t bis -position and none other,; lis. has never endorsed the "test bath" as a test of loyalty, nor does Mr. Seward, bnt regards tt, nevertheless, as the law, and nntil lawfully abrogated must be obeyed ; - Again, Itobt, P. Pick, Esq.,-; of Ouilford though we sre sorry to sey, be sets with those of di:T rent views In othei respects, precisely en presses tbs views of tbe President and of tbe tone Conservative men in the land, when be said in his lute speech In the Convention end in Randolph, that bis test of loyalty, wss "pru mi loyalty, honest and sincere." Such is our lost and we know no other. ' . - -The following important and interesting facts, ws clip from the Petersburg Index: , Ws state, on tbe authority of tbe most db tWnUlied names among whom those who have innnpirate this movement, that the purpose of tua smroiuJiijisConveution is to organize, In pood laitb, a party for the Constitution On tlie ssme authority we stnte that there is an bmiexi. tieoii e to watte all differences arising out of the part, and to take frankly andeordialTy by the hiui l soy srvl all men who desire the resto ration of Constitutional govermuent and the support of the President's policy of restoration. :" Col. Cald veil is yurued and l I I S II I Wi ll.nH, , fed by the 1 11 ion prineuilea. - tie wss proscribed' from of fice ss a Director en this account, and some traitor is no doubt to fill bis place as President of the Western U. C Ibml Standard. i, $0 tar as Gov, Worth or ths Sentinel are In cluded ia tbe above, we pronounce the State ment false,. ; We defy tbe Standard to make .good its oft-repented declaration, made without tbs shadow of - proof, thst any man is pursned or assailed in this State for bis fnlon principles. The so-called "L'uion principle" bsve become tbe cloak for all the meanness, chicanery , and tots) IweftgietH'y, pevpettatedby the "mmnXitsX TJnton men. The &-ntiiul has not alluded to the "Union priuciphrs." of Itr. Caldwell, but to his strong' proclivity! for Xadieat principles; tnrl, as to bis Tconnectlor "With the Kailroad, solely on seeotint of his Inability t manage tbe Iins.i. . . ;. ;' ,.. . : " .'. Vlnre is no Infony in thehintory of the blood lot tyrants thut bave ill spruced our race more Infiiiaotts in spirit Umn the proposition of the Hon. Luke P. Poland, Bciistor from Vermont, pieiteuu J'o'niT.l.iylugt ln theU, E Senate and relerred to the Committee 00 the Judiciary, It provides Unit in any action or .tort to per son or pnnwrty done between April 13, ltjtli, "and July 1, 1 "1, It h .,.:t I e luwtul to plead or give 111 1 iee 111 1 icr ui sai l aciion: 1. 1 lint at the tone when thewrong wss com Bill te tlie I t wis tie, loyal to the govern- d t ites. V. . BH'iit Of f I. : li. Ill-it t e I ni.J" wss ent;sed in losur- tt i ii t r. . 'i "iinl the Luited BtuU . ' ui.le-t end comforted, and . ! 1 I v. : 1 ti.e r lids and insur."cnts s . It 4 . 1 r " ' 11 1 1 " 'i ,10 e fjxiJ d. ; ' - -t of 1 lie I uilid Malts. 1 1 i- ' .i fur Slid obtained e i H 1, ..t, rt lirvieg him of tbe . et if either point shsll be n t I.'e jrCi leans. ' ; ' . J ' St All ti e rcMiits f I -., n tnen, the IreiUment of I v- I t...l in 1 i or t 1 1: : 1 . 1 1 y end i .if " e t-t SOUVtiC ei.41llg , He li sre now tu.10 ,r cir- S sre w 1, 1 1 it I niti n'l.in nil t. ..n si 1!,e,l. I. MiiUdc-li ii 1 1 on to Ina.ars 1 I to 1. live. v , 1 V I .tl 1. ill CoOfW-il S lif 1 I I el 0 1 It- .1 i.-i.t (tiimtity of vei l.i ' J I randy ami 0 1 A 1 !i) ' a Ii w d.i s st'o k r on the watch tor I f I 1 'I , . rt ll! IK it OUt - -nle.'-- -I ft t.i-t" '-11 lerry sn U in 01 l .0 I i . i , , ' y id li.O Sclltelli' li t.'nne 1 i' 'tis thus thiposed of ll 1 .1 " I'-.m.-e w ill probably . 1 w : h l. h ains !. Site ne 1 I... ; I y 'I irrv or..r. ' 1 ,Vi I T V, , s I- r 1 s 400 V r y 11 Ne'ir-ha ii s I.. C lr.Jo sud o t:ie I 1 I mort, on tlie uprefscround ti it it woid 1 1 ; more IlnJu sis in Confess, s to party coiiulderatSons I isWse "li I IojjJmmiuiii Tht l&U ColVcatiei w4 it! Proposei Con Tbe following letter, -which wriginaHywp- pearedln the Wilmington r4f, has been forwarded te ns by a friend, with request for Its puhllcaUoe. - Ths. .points discussed saw handled wrltti great-sMKtyr- r -"-7 ' -- Julytnd, 18C0. Jfif that Sir: - " s , ... . I need hardly as. sure yew that my opinion concurs with yours on "the basis of fepresenUtion" and that, with out so r reference to the M8totistics"se operating Upon tne preponderance or nomoers in tne rer wreeentation of the different sections of ths State. I-Trsrwell enooglrBitlslled -wttlr tt previntis provisions of our Constitution on this subject,' id their practical elfeot, end would bava bewa content t abide by -tbeas stitb -ilut I must own that, as tilings have changed In re rard to ths nestroea. those nrovisions would not now iest on principle sound l tlieory. Yct f think them more sound than the one von adopt ed ia Raleigh. Under our Republican system tt seems riKht that one branch ot tbe legisla ture ought to represent persona. When that is said, the question nrises "what persons V 1 ssy mil; because all are equally affected by tbe laws that may be enacted. I do not mean tbst all are lo vote for representatives : for m opinion is quite to the contrary. All free men oii"Ut to bavs equal civil riirlits ; that is, security in per son and property by the. Constitution and the laws made under .it. . Those are sain ml rights inherent in freedom, and such security is not only due to all persons, aa their ri'.-nt, but is essential to tits feaee suit -welfsre of the body polittr, - Mitt, as to political which sre the same things, the considerations j rnruis uowcis. t are totally different. - TUey consist, not in the I iiils iiwis uiciiuoiiefv as ueiLi wnutr in w, but of tlie powers ever Hke Comtitntion and laws. to make or alter thenu whkh iiriosi- pally consist of the rights of being delegated v msne tne lews oc 10 cooose ina uciegsies. Thst bower or rltrht is not a nsturat one. but conventional, and aocordtns ts the sense of the community of tbe fitness of particulsr clsssess - lor tbs exercise tnereot, regaru being baa to tne homogeniety of the classes, the safrty of tbe existing eoverwment, and tbe-security, In per son and property, of. tbe most nomeroue, intel ligent, virtuous, and valuable portion of the population. These reasons bsve always exclu ded women end minors, f the most fevered race; front the exercise pf political powers in all coon tries, end do still exclude thsnt ; it being deemed ImpoIitU and uassfe to ooafids such powers to those ersona ; Ths same - reasons necessarily exclude negroes now, and ought to do so tor e long tiros to eome, if not forever, Bnt the enquiry still presents itself, whether, though not voting, they ere not, properly, U be included in the estimate of population, when population is assumed as the Jtrvper ham ef r presentation t It seems to me that they ought, I agree that "the; Fsdeesl basis," es it wss gall ed, the enumeration ef s certain proportion of then es fixing tbe representation. Is gone; that provision was founded on peculiar, circum stsnees and reasons, which bavesceesed to be applicable either to the Federal or Btsts representatation. But what other provi sion ought to take Its place t There are but two that can be reasonably thought ot, if num bers sre to regulate representation lo any ex tent : nnd they ere, first, the number of voters. hor, secondly, the number of people. YoorCou vention, so called, rise adopted neither, net. In stead of It, says tnonomtjer of eertaler clans of the people, nmdy : tbe - whites in each County; shall regulate the number of represen tatives, of the County; thus making white wo men, married br unmarried, nnd infanta, part ot ths basis of representation. I do not com plain that those portions ot oar white people are thus included. But I fik why thev are lnt.Lao etuUeU. au.l wiiv tne; ouirm u o ineiu-auai - The answer is plain, that,' though non-voters, they are es much bound by the laws that may be made, and, therefore, asuucU interested m them, a the white men who did vote for the delegates ; and, therefore, tbe delegatee ought to be men who are their neighbors, know' their wants end condition, and sympathize with them both in their wants and wishes ; and hence, the number of those who represent such peopls ought to be in proportion to the people of the County, so as, in (set, to represent tbe "whole people, and guard tns interests 01 all, wnetuer voters or not : This is the vrinciole on Which your body rejected the voters aa tns criterion of tbe number 01 representatives, and took as tue oriterion the whole white population, including both voters and non-voters. My objection is, that black free persons were not also incl uded, not ss voters, but as fixing the representation la point of numbers. ' Kvery reason, for including white woman end-infants-applies with equal force to tbe blacks, and eome of them with greater force, for exsuiple: the great burdens of Uoveroraente tn modern rimes are taxation and military service; in the latter, women are not concerned ; in the former, married women but little, and in poll taxes, not at all, whether married or sinole. Now it most mstorinlly con cerns blacks, wlial poll taxes sbuit lie levied. how they shall be apportioned to prnpertyltsnes, and to what amount tiny shall tie carried. Upon these questions surely those wbo live w hero the neproes are most numerous, w ho know their means, their willingness snd their abiiiiy to tisv tli is or that tax. are best onslillwl to jmle what revenue can be raised fronr them, whst they csnnot or will not 'willingly pay, or wliat cannot be exacted without grievous dis tress smt oppression, bo wiin rer-i t to mile tary service, whether they may be solely trusted in it now, or at a future day ; whether they shsll or aliall not be trained to arms, citiier by com pulsion or by permission: aijiiin, whether thev iiluiU be educated, as they may be able, and a lUeirown voluntary set, or at the public ex peime; and lioin wlist sources the revenue, needed f r ths purpose, shall or fjujjht to be tli'inn. These, lies ides many otln-r'niiints, sro n .1 questimia to the negriHs, on which tii livin ; aiming them mut be heller informed; and toe representulion Iron the County tfliyht to emhnce as many, in proportion to others, as will Inn ;; the largest share nf the required I nowlcd,;, guard the right of these people, keep lear the way tor their aflvanretneut and make tiicm ss iinppy as their luijoriiiniite and depen dent con-i.o. m will allow. It seems to we. therefore, that your body adopted ths very worst lissis ot rcpresi'ntation tuat could bare been se- 1,, .-d, 1, !, ini.....nt vt tlie while and blwk ( Ijuii ; &...1 i tiiiiik li, of ItMi'd an eululv suf- fluiynt (.-round for the popular rejection ef the Constuution, so-cslleil, liy all the cillfensof ths Ftale, and eopeciully by those wbo reside m those portions of the Mate in which the blacks are numerous. . Hut I a. k the liberty of expresIng further and more pener.d reamms for (lie opiuiun I enter- - jlnH he-se-eaUsd Ceittinuin is no C'tiaTT stilittion at sd, sn tor tlist reason, oupht to be TejccUiJ w.ijiout reirsrd to Ijj provtous, whether (rood or bad, approved or disapproved. I do not know your opiumn on this point, as I hwve not read ninth of your proceedinirs.-. I will, therefore,, proceed to state my tiews foe V-mr cinwid. r.itiiiiiopiiii'.Ui.-it tUes tll meet your srprobation, or, il not, that yon will favor me wiu yours ia opposition, that I, tort, may bare both skies bvlore me, and be, myscit, krottgbt tack to the right jOi from whiotl I ma nevf sweveu., - , iu: C I coosi-icr, mat iiniu no wiiimi your convention wee not ejegttimate ron tentlon, sad had no power to make n Constitu tion for bs er to alter that hich we lad and have; sad that It cannot oe- oue " "T tion, even by popular sanction, - If these posi tions be corre5t.lt ought to be rejected by the people, as ths easiest, simplest, end meet effi cient method of settling tbe points nt rest, end avoiding many perplexing and dangerous dona tions before the Jndicisry. ebjee teethe . rsnustion of your body ss av Convention, be cnuss it wss called without ths consent ef ths people of North. Caroline, by the President of !kl it.iuI Rtmte. or under bis-orders: an act of clear and despotic nsurpsaw,-whk;h coold f not give the body any, autnonty 10 oina me, Hi.Tr lu inhabitants. If it be said the Pree- Hent,orWssatrsrpi-!ktOeTWiwer aPtovincw did not call, or ratner eoasuiuie uie tina t,t 1 ixi iieleustes were elected br tbe peo ple, and thereby the bodywaa duly oonstituted, I deny it directly and positively. l"he delegates were not ths choice ef the people; for in the proclamation calling it, the qualifications of the persons who might bs sligible, and those of the persons who might rote lor mem, were suiciiy nMMttd in a manner variant from' our funda mental, lsw, and excluding from each claes a Urge portion some would say the best portion nfitur nnalihed citizens. In manv cases out people were not represented, but,1u fact, Were misrepresented. , Tbs acts of sack body cannot ; bs said to be those of the : people ot the State. , They are not entitled to obedience, and r-annot be, or, at least, ou 111 not 10 we, juuici- !!, Miiilz6j. VTke whole t.r.-.ce.li-i srooe ..ut - or uoiirsrr bssuidiiijoii. inrt'iiuivwiuK tit . notions of popular government, and des. trnctiva of die verr first principles if K. pulilt can freedom; and when it ia put up to tbs peo ple lor their sanction, or rejection, tnen levtvery man who was excluded from voting for a del egate say ; ."No I I had no Voice in makima tt in cnoosiog tns men was uiu sum s I wish, not now to be diwoonea into ws aaop tion and .let every mtl whose neighbor or friend ' wss thus", excluded also, say : "No I the beat men in the eountrr were not allowed voice in constituting tbe Convention or elect ing its members, sail i will not sanction incir oairacisns hv fixing on them n Constitution an nowieraoie iaw j iein vjm ia which thev were not heard, and from which. . .1 . I. . V....1- they wre expressly excluded by irresponsible military power r its eubordiaate nnd servile instFumaais: ' ana let -every .cuiz. ninu Carolina, too. aav 1 No I I scorn, and rcicct an Instrument tendered to me nnder tiie.nsme ore Constttution of North Carolina which the ule of North Carolina did not make, and which was made for them by men in the guise of our representatives, wbe were not our representa- 11 vcb, urn iiium tn m pvim i.vit.a.ujj m time tbe authority of atonqueror ia military Dosseasioa of our territorv. nnd arrogating to it self tlie riuht of superseding all out tivil offices and abrneatbiff onr Iswa," let the people crv Wa will hava nothine to do with such a Con vention or any Constitution proposed by it . If the Constitution needs amendment (and we do not inquire intoihat now,) we will, at tbe prop-. rt time, n time of omet. and one wuen tlie reas- son of every man will have its due play and uflice. choose trood men. nt n free election, nnd by the voice of all our .people, who shall revise nnd smend that instrument In other, words. M wiUamki e Cttitutie for onrsupM, snd not Bfcnother for nsl"'- But supposing that in the tuut revolutionary oiwditioa of tbe last year the military power of the conqueror was either according to natural and national Jaw, or by usur pation, competent to the powerexerciscdnn this subject, and that our people, avoiding further re sistance, chose rather to submit to such nsu- pstton and acquiesce in tu w-nest., 1 et sorely. rel ltla Hade. nraanizAil tiv tha. ertnnojiror. uluf tTis uaiue olTa Cuuvvniioiv aaauot in its nets validlv trsnseend the authoritr conferred en It when it was calleel, and assume to per form the very mgbest or an delegated power, that of framing Constitution of government, lo res peel or ail the powers which can be con ferred, snd of all the restrictions which can be imposed, by a people on all tbe different dvpert meotsof governmont. Vet such is the faot here. . Ur. Johnson required a Convention to psrfbrm otrtain specific, nets ; to annul the ordi nance of secession and tenders return to , the Union, er ebtim its continued existence under the Constitution of ths United Ststes; to ernsn cipate tb slaves, end., ordain thafcjf!vcry shll never beresfler exist in this State, agd to repu-, diate the State "war dcl.t" All "these were done; the two first promptly, and in satisfactc- r'erms; and ths third, at the last moment, tin dictation and teeonforroity to orders, after having once refused to adopt the tnensura, All was done, I Say, that wm required, and r. Johnson proclaimed that he bsd got. all lie wanted: that we ,wrre back ss n Btate nnd might cnoose our representatives in Congress In conformity to our rights as a State, and to our law regulating elections. , Wss there sny tiling more for that Convention to dot ' Were they chosen for arlyothef purpose, even, by those, who were allowed to vote fur lhe members f How dare they, then, go on to triime a Const i to. tlon, a law, fur ali time, which is to lie binding on those who elected them for other ends, and also on that Inr-a portion of the patriots and heme "unpardoned' rebels" who were not allowed to vote at all t The prcmunption is without psrsllui or precedent, Until the present term of li ulical assumption of power In a dom inant niilitaay or a numerical minority, without resiect for rights or thf Constitution. As far M tbey safely can, and w henever they can, the people onrht to. resist that pretension. , This they can pi-acelully do; w hen called on and al lowed to vote; sndl trust they will do soon this Oct a- ..hi without commotion, iu support of the great principle of hum in liberty that s people have i 0 ri, ht to i. e their own Con eiitiition,snd not be noide sni ;i-t to one im posed on t!n m, I v f n-e or t 01 1, I v sny evtra-i.ei.u.-i power, or 1 n :...u -f tm-ir f ti ' ' n. - - - - : Vou will pi-reeive, that I l ive hitherto lis-ci":- ml thiB subj 1 1, as 0- pen.;, ns; en the oriiri 11, d and natural ri.-hts otour pt - pin, iiniiiV .en-d 1 y sny provision of. our J j--xi..i- C"i-i- i.tu ti.; and,- even on that baiis, I. deny the au l!.o :;j of your Coiivwition to pinke or propose a new or nrtHl.ucd form ot g-vernment for u Tut the ciuuse in our d-- .imiun, touching its amendment, or tne Cull Irs Condition for l I 1 s y sj n, l i 1 -if s I it 1 j 1 ui-iiitiun ss we ham I ll S O'lt 1, as to put j t t t.0,.,1 I,,- il, o r ' t tr s .1 i it 101: Ceti ellf. SS It ..-iirtheCon- I I .S Seln y -f so- emend' 4-1 ti epn 1 le, f-; the other, 1 r pnenlied le matter now thst, m pre s are tuidu- 1 'ins to me. s- "! ,.n sre p 4 ( un I 11 II n I- 'T.l - -11 I v a v tier r. 1 h hi in 1 V a I nnieui, 1 i t.iCt f .rer- e!' in nt. I in a 10 11 ...nil, Vl'.K i Ii V Ion. Il l!l O'o !'". t All, k I 01 r lo ¬ - 1, ,' t ! 1 l y inifiiiiiie utiercncn. 1 1 respect ton 1 1 uv.,p;U-n, fie won Is i"r-, ":' Convention of the peoj shall l-ec-i . I I y ti o-ueral As- i null t y the ci- 1 m e of two thirds of ail the pom' ra ot en U House of the tienes ral-.Arti!eini-!rj." I.i r.csjiv fegulaily eonstiiuted aulhorify of tue orj.anu.ed govern nient is required to biitiate nn alteration et the government, which was so doubt, npon this a.ln nriri, tills Uid down itt tbeCllOde Islani caee, in order to avoid nopnla eommetione, re wolutions, and wncerta nty aa to what to the CoiitoUon:,4ihen, tbe twn modes desig nated are tbe only ones by wntcn tne vusnu" (ion can bs altered, tt ii clew thai thiabjet so called -Convention -was- not . CendituUteuU CbwMiitfea,nd tberefbre ita.acU arseoM. vi.i,nn ,rfr- ihsr UTrr Joiinson's and-sr.- Holden's Convention might by popular ncqul- eecenoe, adopt for ne the measures demanded by tbem,yet it can no exiaMmce w tio nf tbe-people ef - North Cnrellnn nwbjr their Constitution, ana cxnuu not, 1 niter that instrument in any of these poinU which affect ear internal orgamxation as a onr tinct rennbUcnn Btstet for example, the basis of representation, the nnltlentione of 4be -re. preseuuuvta,. ana 01 me t..w., nnd jurisdiction 0 courts ; tbe appointment -01 tbe- Jlee4herenf;ll Jknure. ot tlieir orace, nnd uiat ot,tne ccuu, or quieitioneM lender these points clearer than tW short .end simple paragraph , or, tbe Constitution kselt, The. conclusion caa only, be vaded by estnbiisiing aa a m turn isv Mf w --. Uanger .in . force;, and aha pos tion , es t true, auifse ue aw., no ether part of it was fa lorce, or, Aha words thst, by virtue n tne, apu - suits, we were people without law or Cwnstl- tuUon of any sort, ?xt ' weosji that, nod tuat never ongut to is anu be, yielded, i Perhaps t might I sufficient, for our present purposes to j Conveotir j does not assert such a doctrine, pus ilstnly pioceeds onon n contrary vj prw .Ki.lni L. amend our old Constitution, as still subirtrting, and not to uiske one ahtriyiM,' Sni he flesimiatino. tha old laws Stilt in forceful eoutra distlnguUhed from those passed by Leg islatures sitting under tne nuspiees ot secession. Indeed, it is impossible, nnder any aspect of an law. as understood among civilized nations, nnd in modern times, that whole people can be treated or considered ne neing wnuous j law or ministers of the law, even by conquerors. : The security of pereon-nnd the rights of prop erty, nod the obligation of contracts still sub- Can it lor instance, D suppoeeo. lot moment that on the death of n proprietor, there is no rule of succession to his real nnd personal estates, and that tbe first occupant may appropriate them, or that nobody can f Pn theooulrary, I ssy, that the laws or Kortft Caroline were still her. laws, including her fun damental law, nnd if so, it is then to be de duiuui. that t im could be no convenuen to abrogate or to alter that law;, bnlese called and ebosen in tlie manner prescrioea m tt, anu tuan as a oorrollarv. vour Convention bad no powss in the premises, nnd its pretended powers nnd nets ought sot to be confirmed by. th people, if the Deoole could confirm them, but ouuht to be Opposed and rejected. It would seem, that that body was aware of the defect of its pow era, from the submission of those acts to the people, thus seeking the requisite confirmation. But in truth, such confirmat ion 'cannot be de rived from that source; for the sams provision in the Constitution, whkh makes the Conven tion n nullitv. eouallr excludes tbe efficiency of popular majority to nannljone Constitution and make another. ' As the act of n people living nnder n oonstituted Government, even. the vote ot the majority is projrxe ttgon in. fnctusl, without ths assent of tbe subsisting Constitutional Government, snd Its directions for taking the vote and ascertaining the major ity. '; Without such previous authority and reg ulations, tbe majority, if physically able, may overthrow the existing Government, but it can only do so by revolution, nnd not as possessing a legitimate dele-rated office nnd power. I need not however, dilate further on this topic, as tbe n-soonds and authorities on .which the doctrine depends are, according to my recollection, set Srth in 4Sn arrnment ami ojnnlnnflvaw tv ilia ttupreios Court in JJerr't cum, , 'I bea, if people of n State csnnot, by their own direct vote, abrogate or mane n c onsutution. without the previous sanction of authority in power undur -the existing Government, as in -Don't ease, mucn less can tney io tt-wnen me con stitution then subsisting specially provides two outer modes lot suocting tneee purposes and excludes all besides, which is our esse, i . t We arrive then, at these results : that tbs Con-I vention wss not eonttUutional ; it had no pow A ere nnd could not make atonatituuon ; Uiat Tor the same reason the people have no powers, and that as neither ths Convention nor the people bad any powetiaJthe prem''a, by consequence, both together sre equally destitute of the requi site power. Tbs Convention was, an, unauthor ised bodv, and therefore, no more than a volun tary collection of so many men caucus, re- i commending to tns people to adopt by their Tote n certain instrument as our Constitution, n thing which the people, under our Constitution, are not competent to do on that recommenda tion,, and, therefore, the conjoint resolutions and votes of ths two bodies bave no more effect than that ef either by itself. I conclude it is no Constitution, and cannot tie made one by what has been done, or csn be done now. ; ': What, then, does it behoove tbe people to do t They ought it seems to me, promptly snd de cisively to reject the whole project. If it be sug gested! that i eur experience, all Conventions, since those of TS, which formed our original Constitution, bsve regularly tjiade them worse nnd worse, snd, therefore, we had better take this than run further rinks, and especially that, at least, those wbo approve of t .i alterations .shall f ive their si: ', ii a lot! ad" :,n, I r' ply Dol lbe great piiiu ij ie of pol..ii-d snd civil blwrty, that a people may, and 0 ' t to make a Constitution and Government t..r ihevst-iTes; that in so doing they ought to I e c ;r lul to pro ceed in the regular and pence i d nn-Uiod , b. is prescribed, inslcsd of nn tinant'ioriied.i o -lllar snd naunw J mode, from whiv.buncertiu:uy as to the validity of their doinre, and nn( quent cnnimolions sric, fon.'-h the sho st reasons w hy every man shout. I jjve his Voice STain-it tlie intriimeiit now propu.-i d, and wait lor the sction of the l.coiM.ituie, In tne propo sing ol amendments to trie j-ople. or the duly Calling of a Convention which would bave 1. 'it Imate power to adopt tht-tn.- - - t Let me here adduce 4 case, which I o , ht td bave added to ths elb'cieney of the p j-i:l r vole per te. I sildixw it because it Is l.-eel 10 the apprehensions of every One, and evhibii J'l a strong licht the correctnene' of the argument ngunst the popular power a mere ri.t;or 'v over the Constitution of a nation. Tln'j -. in '' h I sHmlsjis tlmt cfihel oy I-- i t , i i;.h. L luted titatcc TbeContitution there sp-i s th modesof smendiuent ; iiiteiidi.J' to protect luinontiesspaiiistsiiperiomuiiiliers. Now, snw pose, upon this essi-'uptiim.-t'-.nt the people tn-iv do a to them lUtctli. aud that the mnioritv of rthe people sre the people, sn sttempt were mnde 10 alter the federal C'-ooitntimt, byn-wote of the Whole population f the I nited f ; !, w but Sfirt of s constitution should we have bd Could endure it, peo!!!T wt the Sot:'1! who would endure it, snd hold it to be a Con-'iluli-mt Ho It is un ii-r the provlslcns of nnr fialc t '.iUiUiiiiuut. 'lime b-t our peopl- ml J one voice n ji-ct it That w ill quiet evcrvthiiii and we mv Iw-in sncw,- in a lawful wsv, t't make thel',,!i 1 1 nt ion' whst wew: h it T ..(, if et.nroved-by the '!'. sn-i rnv-1 '.mel t.-v the Governor, ail tbe questions upon ti validity of the instrument and the powers of the Cobvov tion nrise questions allotting the right to all i the old and thefUew ofOcee, and the ohjeetione . of the no-ealled Constitution ao bounds can be eet to ths disquietude incident to them, new to - the embarrswments oj tne jiMH 1 ii-y, . ,: 4 - I bave now. I believe. Saul ail tuat I have tor ssy on these subjects. I owe you an apology for the desultory mode of presenting these, en tbe spur of the occasion ot receiving your letter, ' nnd without premeditation- ne te-niraBgeaient,-- expressions, eVe. J , - r NEW ADVKRTISEMENTS. PUUJAJnVJQNJCa A CO. J5ily 89 tf 1 ill i 8 A EfrrrV$r$W lEUIXlAJf, JONESak CO. : inly & tf -h St. B. Mowiis, i BiBe, ' of Orahge. - ? r - oiTJUtham. TVIEW MTEUV STABLES. , li Ths sabsertbsn kws leave te taturst Ikew frlsaSs. MS ths travsllwe yablie, tkal they ere new sfMaia 1 tn ntalilse, kaews as the eoiith KUblse, eaalnt Houb . ef the dwelling of Mel fierce, where tbey will keen eoastaatly m base . ' . , ,- ; Vi. Horses, runfes, Crrlct, A" n 3 otis, ' Tor the awnmraorfatkei ot tha irablio. Tbntr ehai--- gs will be as Awlarsu as the lissas will silver. Tbey would aba state that thev hava ssearad fka " fmricssof tbsjmtly-rsaswasa ssd hnnt haslhw,"' Mark Awfaraoa, was IS wall Saaam to Ue asblis. IIotm hMrdW bf the slay, weak or asaath ow the must-favorable Isrms. Oive asesaU asd we are awtis- fled that jus will rail agaia. ''" ' - MUltttip DAlt& July5-lw '? V , iii, W,. t p., .,, ,. . , in, , TALtlAItLE PnoPEKTT r - KALE, ' ' '. I ettet ft sate the let aa whirs f mm raelde. sHaa- tad )aateatsla( lhearaeraiabaiils,ia theMatth . waatara aortioa el Ms town, 1 aa awn win ao sate wito oc without the laad ajloiuinr. Aav awe sriak- - teg te parehasewitt sddiras ate at Ibis plsea ' - '-J. DKVERXUX,' ITOB AaJB.:T';!;'':r :--'': rllA ' itaicign, juif z iw tOlinl. 11 1111 .rimi.-im- . . i..i,, 111. , u 1 t EXCELSIOR WHEAT FANS. We have raeeivad Slot af these Fane whhth we w ' be glad te sail to ear eastecaers sad tarfSnoa mods ' - - atatarssa- .... . .T ., -. . Thsy are stronl; reeoaimrndftd ss S (uod aad ra- Itsbls sssehlaa, Ki'is( astialamion la alt eauvs wad haviaxaasaparur taths wisrhst. Call and aaa B, P. WILLIAMSON A CO, : Jnly M-tf i. -i ft t ..i.. --. IMPOUTAUT TO COTTOS I'LAS- , . . i -. : Tens. We hava reeaivad en aaaaiiressaat 80 WKllba. Basea Bides, winch we arwiaatrwetad to IraWa f. Vwtan at-" : eharate-er lOlhs. of Haotia far lUX'be. Cattoa, ha anvered by tba Jth. at Oetbor Mit. a, WlLLUaltoON CO ..JnrjMM-tf . . . s . ABD,LAUO, LABU., "a ,x . j. , 1 - 111 1 ,. . SiOOIbs. Klea Lard la berrob aad half harrshv . '"T S Bamb Piinte Mass Push. " . . " Js.l raealvad by - " - .! - . ' - B, Pi WILLIAMSON A CO. . . JnlyMtf ' " v - j EXL LAES SCHOOL FOS ' t ROYS " -coNcoRb..'fj,1 " Ths gseoad Bessloa nf this Sehoul wiB eesaesenee 1 HiswIst brpt 3rd. IHfad. - . . - TnrPiiacinal win to assisted fey e gradaato , ef the . ITaiveriU'r uf Vs. - . i.A ,. . ... . ' Pur Cireslar apply to . " ,.-,'i iXUUd H. fjL&Tiy A. sr. July U Int ' . Principal - '- DOABniWO 11 AMD DAY -SCHOOL V - I OIt YOUNG LADIES, " atSMIS.! TKRntArE, BailtlaVwISH, ' tt. xb Mas. Witsos M. Cssr, 1, . . r",' Mas.OssJoswIsaiua, . - - FrlBcipala. Ths fan Seasto befias an Mnaday aVpt IT ISES. " 1 Shaed its aaubhshaiaat la 1KW tbia has- bean Wag ' khews hatha publieas essentially ,4 - " A Sonthera Com Echooli ' - TI e principals still dapaad for aatmaaw apoa thai ' Soathata biaads, addrsaa. . , Jalyllt lawet aj anwesars ar oiHar tsmrniatiua " vriLJtun m. i'smi. SWs due. Billlssase Md. fJaiMTIT COLLLiiS, U. V, " I The fnlt 8ESS10X will eommaaee Aug. nth. iwa. , loaihiiiioo te tliersiriilareurricnliini, we haw aav els and pwaaant arrsniraineals Air a partial eoarse, l'r,rl..rjr Kimlemu, and forthnaa i,e wiah a jjiinis un uw, Ktaiviae or tue uistrr, J uitioa -. ... .... a teeiom. buai d ... n , 2 u. 1 HipsoscspsystiUiia eerraacv, tme- is ad ; B. C...k v pres. Julyll8w "-. ' j'oti: A' A 1 1 A LL AT A.... '. Thsrawlll he s emud Tniiiimnt si this deli r hi. fnl roimmar resort, ia Wsrron Coumy ST. C , she Mat. July lei. - . - . ,. . - All yonng fentlsmna ara ln-riled to enter ths "fists as hui,rlii. Ki h Kmt'lit will plesM e. uiinaawats With vis at tlin f re, on or helms Sua day appolattd tlM.U MANAt,IY "a. , " Col. IIiosjL. Jones, Vrsrren. . J. II. P imerville, V. X,'. H riiill. . . -.' :';" '' . l.j.J li oy, .; f lion. 1). A. L allies, JasiB-l! 1 t, . . . Ottavms 1 ns, ' Cnpt. W. Jl An1 v AVid e .. r t " A. 15. An IVi, J, iih - V.'. II. I In, T , .. Arc d. V Loams, . " J. ('oL J. If. Ilvman, 1 niliO, urr,Ve. I'lir VS. 1 r li. i". Aii t ' ai r. f lit O Ml tv mtvK ' s. (liiv. Worth, N. C. - If on. Z. U. Vsnce, N. C. in. 1 alon, Jr., 4.. i .hfjiAI am, . L. C. Ldwards " li li. fcirl s, , James Barron II "e. . sr. t.-Eff, ' Chief ilarsbal, - Warrenton, J:i)r St-lw , IVterslinnr Ind.-v, Norfolk rv took," 13clw'- ti-ond i.xuo ncr, V. i! i-n -i.t,t . i-tts TSmeo, ) Ultoro News -i y v.. Wa.a. - . i r .;. 1 1) t A V St L , , cua: :,ctt v:u.r., o ; ,tt Tiist ' W 11 sow C. N. Cahh, - Jiuis' 1 1 -w -t 'T. A , T1- R.-eor I - . 1 f , . .. - l-f. humilAy la i -r f i v i I"-, o, um iivi m . -., , . .r the I mvt - , ,,f b ,,o i, r fci ftr 1,14- lu. (ii,'i . 1.,, ,,, (lk I. r : v i-n l mwn u , in 1 ii v h- li :, 3!Pnr. Bn.. aad T-i"!.a aeasioa, (isvatna la l-iiun, V . fci-imd St i-l e.,t j .t t , . t..-. t ... .,..( . ., , " Ni n l .n. 1 :, 1 , ' , JAi., ii. CA. Junction, i. July 84-8taw2w , YA. r"n!v. Vai os the " " "TB' 1 ii I niira, ml aofiii, anil book- 1 rr 'fcsn' .d aa far- hw .: " - S'l l-Mt, '.Vs., . r, it. A. vett'o-Ve- 1, -1 . - 4 r :- v