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-- : ... - . . . " . i - . - ' " ' . . -' - , . -t . .-' ' . r " ' .- :v-...--i - - ' - ' . . - -. , v V ... - - - . .. . . ' , . . ; '' -.. - . . f : -.f '"''::f r ' ' '- hV- ' " r-J 1 '.V,-y : - .i, ' ' " - ' " ; - -1 "' ;' ' ., i . ' ;-' -" :- : -, . v . .'-.y '-' - ' ' ' - V:' - ' - -. i .. . .... ;' . : - ". .. . ; . . . ' ' " ." -. " . ; v - - VOLUME II NEW BERN, N. C. SATURDAY, 7ANUARY 22, 1820. NUMBER 96. THE WEEKLY BY , J0H?s I rlASTEUP . I v . - At Threk Doll.viis. per annum, owe tYird payable in advance. f No paper wiU. be; continued' until all arrearages are paid up, except at the op- tlonoi me puDnsnen , f " Adver risEMKTS inserted af 50 cents per sq-iare the first week, and 25 cents a4 GENERALr ASSEM BLY. ' ' SPEECII ' ' -r rnt therefore,- to keep in view, the in A, ur 1 n, 1- . terests of all portions of the community: Of .ll.am Gaston, Esq m he de- 0n$ of.4e most important endi of gov bate n the Convet,vn tyestwn. -; ,.rllraeni is protictionf , ptopeMy. Ir: GASTOx had foreseeri'the difficul- ,,lne principle of numbers l?e alone re ty of discussing the proposition before, the : garded in - regulating the powers of ov commiUee, without exciting, unpleasant i erhment, ; property become the prey of sectional feelings, and onufthataccount physical strength. : Upon wha? principle woiiiti nave Deen conteui io $een ralpot from the debate, could be have reconcil ed such a course to his epe3taprie ty Cut as it had been his habit :'fo take a part irf most of the impoitanjdisdussions of the' Senate, his silence on-thts occasion rniarlit subject him to the imputation of voting 'under the influence., of motives v.'luch he ;;'was unwilling to "avow.;. The proposition before'the committee,' ' said 'Mr. G. is of a peculiar character, and of no ordinary consequence. " It re fi'i s !o no subject coming within the scope of our legislative functions. It points to 0 act which the constitution of the State, the only legitimate source of; our powers, 'authorises' or requires of us.' tp perform. We, the creatures of the Constitution, ih dj!)ted to it for our epliemeral existence, elected by the people to administer a part of-the authority which rthat Constitution directs to be xlelegated, we are invited to jroclaim that the Constitution is radical ly defective, and to counsel the people to set it aside altogether ! , lie would not say that an emergency xi)iht not arise to vindicate such an as sumption of undelegated confidence, lie would not deny that we might be justified, ron an urgent; necessity, irf inviting the people to re-model their frame of Gov ernment. But this he would say, that prudent and conscientious men would pause long, and reflect wellf before 'they proceeded to such an extremity. It is assuredly incumbent on those who maintain the -affirmative of the proposi tion before us, to show, not merely that defects exist in the Constitution, but that such defects exist as produce practical and serious evils to those who live under it. J We will not counsel .the -people' to ' lay violent hands upon this their bond of union and charter of freedom, because it may fall short of the visionary notions of perfection,- or may not correspond with the rules of political symmetry which the orists admire. -Such violent experiments will not : be recommended, but upon a conviction that they are required to re move ills, actual, acknowledged, general and oppressive, Nothing less than such . a conviction will warrant a "recourse to j thejextreme remedy of a dissolution of J the loliticalsystem into ts original ele li meats, and an attempt .tcrlre-asseroble f them under more fortunate forms of com bination. The gentleman ; from' Orange was aware that h was bound to exhibit . a case demanding such an interposition, jj. and accordingly he has been pleased to present his Manifesto of Grievances. When an individual is thoroughly per suaded of the excellence of the end .which he seeks to accomplish, and which can not be effected but by the co-operation of others, he may deem it justifiable to ad vance, not only the' reasons which influ ence his own mind, but those which lie siay, hope will have influence with others. Jt was upon ibis ground alone, that Mr. G. could account for much , which had -found its way into this catalogue of wrongs. He knew too well, and he es teemed too highly, the gentleman's un derstanding, 40 believe it possible that lie regarded marty of these items as of seri ous nftport. It was the alleged inequality, the supposed injustice in "the Represent - tion of the People, in this and the other branch of the Ilecislaturo. that induced the gentleman from Orange to desire and to recommend a L-onvention. All else alledged was inserted as a mere make weight it might help on the proposition perhaps if it did no good, it would ope rate no harm. Laying aside, then, for the present, all minor grievances, let us come at once to this grand object of com-' plaint, which alone can justify us, if we can be justified in intermeddling with our Constitution. ' It is said that the Representation is firea!v unequal and hiiihlv unjust, and f-,. . 1 1 'ui iu(- ousiiiuiio;i ou 11 10 ne amend- !-d so as to render the representation conformable to tho, principle of Repub- lican Gdvernraent., And the gentleman uJn;,ii "itic uc uuc iwur ciiuugu iuuctVmdie oi properly sccoraiiig 10 wis i awe, ny' this; proposition J ' Howeverrstranejyoold VJiighly.-. favorably to' Jhe latter j (said Mr G.) it may sound in the ears and unfavorable -to the former. Accord- of my friend from Orange, I am yet to be ing to this Table, the wealth of the' State convinced that the, representation is un- in land arid slaves is 96 millions of dollars. just, or repugnant to Hie principles of a Republican Government. What does the ceiitllman lay down as his just and Republican principle ? Is it ttint ri.rKiw, aiAn-.i,Iii I deny its correctness. The object of every political association ought to be ihe happtness'and well being of its .members.' In (the distribution of its do wersit is uV vvr l,,c "Je:.ujeis 01 uns eenaie, jioia our seats? 1 Not pn the;pririciple of nura bers. . No man but he who owns 59 acres j of land lias a voice in our election Is this institution ; this branch of the Gov errrment,, a fungus on Itepublicar.ism wKich.must be torn awav ? Is the Gov eminent pf the IJnited States founded on Republican principles ? Mere numbers do 'not there furnish the principle of re presentation. The House of Represent atives, the;pbpular branch, has its-members app6rtioned by a " ratio approaching to that of liumbeis, by adding three-fifths of the blacks to the entire white popula tion. , The Senate, 'which divides the le gislative power with the House of Repre sentatives; aind the executive power with, the President, is'founded on the federative .principle on the equality p( States, as constituent integral members of the con federacy. And the President derives his appointmentfrom .Electors, chosen both on' the federative principle & the modified principle of numbers. Is all this unjust & unequal ? Has the discovery been made in these our days of special illumination, that the whole of this is repugnant to the principles of a Republican Government? The principle of numbers alone is not a correct principle of representation.- The principle of wealth, taken alone, would furnish a basis of representation equally, if not more objectionable. -Combine them, & you may arrive at a criterion free from exception. ; Examine-the con stitution under which we live. Greatlv as it is decried, it will be found to-'exhibit a combination of these principles, much more precise than is generally supposed a combination sufficiently exact for all practical purposes . nd under which the rights of all cjasses and sections, of j the community receive a protection, which jt would be madness to throw away in pur suit of some fdeal visionary good. The inequality of representation is al leged to operate with all its force against the western section of the State. , Let a due North and South line be drawn thro' the city of Raleigh. It will div ide equally the counties of Granville, Wake and Bla den, and reach the South-Carolina fine at the point of union of Brunswick and Columbus counties---On the East of this line are thirty-two counties 0:1 the West twenty-seven. The former may be cal led the 'Eastern , the latter, the Western, & the three divided counties, the Central counties Every county-sends one mem ber to the Senateand two to the House of Commons. There are four borough towns to the east, and three to the west : of this line which send each a member to the House of Commons.. If we take the principle of numbers, under the modification which prevails in the representation of the people in the House of Representatives of the United States under that modification, which this state upholds'as correct in her feder ral compact with her sister States, and which they have agreed to allow as cor rect we shall get a fit basis for popular representation. The whole federal num bers of the State are 490,000 arid the average federal' number of a county is 7,900. The twenty seven western coun- ; rties having a federal population of 253,000 would, according to this ratio, -claim five of the House of Commons than they now more Senators and eleven more members have. f It is not practicable to obtain as definite a basis1 from the representation of proper ty. One however will be taken which the friends to the western claims ought not to object to. In a Statistical Table, to be found in a Memoir on Internal Im provements, the work of the same esti mable man to whom the gentleman from Orange had referred for his statement, is to be found a laoie represenun the i value of the lands and slaves in tne oiuer- 1 .. r.f hie stntp A it is verv . cm tuuuiics'vi - --j ! 1 1 it: aj 1 iiii-j - - -' w J j certain that ihe Eastern ccunties contain an infinitely t larger portion of circulating wealth than! thoseto tiie West, ran esti Of these, the thirty-two Eastern counties contain fifty-two millions and a half, the Central counties seven! mil lions) and the Western counties thirty six .millions and a halft -9 If representatlonwere apportion ed on the principle of property, as col lected from this Table, the Westcrn'.coun ties would have five Senators and ten members of I the , House of j Commons less than! they now have, i They npw have tweritr-seven Senators and '.fifty-seven members of the House of Commons -but, according to ihis ratio, jthey ought to have but twenty-two in the former, and forty- seven in the latter. There is another calculation by which we shall arrive at a similar result? A mougthe taxes imposed for the support of 'Government,-' afea direct tax 4n lands arid slaves, and a , taxi on the free male population between twenty-one and forty- five years of age. i Abstracting the reve nue derived-f rom tnesej sources, from that furnished by every other means it is a revenue collected on 'the ombined ratio of prbperty. and numbers. Representa tion, oil a" ratio combined of the princi ples, would be nearly proportionate to this revenueHow then does it affect the claims of the different-sections ' of the tate ? The whole revenue thus collected" is $.55,426. The eastern counties furnish -$ 26,798 the western counties 24,188. The average of a county is about ,S9 4. This multiplied by 27 gives $24,138-rrbut ,545 short of that which the western coun ties yield If this be taken as a criterion of; what would be produced in represen tation by the combined operation of the principle of numbers and that of proper ty, the western counties would be enti tled to claim no addition to their strength inthe Senate, and but one member more 4n the House of Commons. r Where, then, is this monstrous inequal ity so abhorrent from all notions of justice, so repugnant to the principles of republi can freedom ?--' Take the principle of numbers, and it is admitted that the wes tern counties have not their rightful por tion bf political power. Take the princi ple property, wand they have more than their rightful portion. The excess on one principle, is fully .equal to the defect on the other. Where, then j is the intolera ble evil which calls for this , political sui cide? Is it designed, when this con stituv lion shall be buried, to raise from its tomb one arrayed in the glories of wiorern re? publicanism ? Is this the hope and conso lation held but to us beyond the .graver In the blessed state' of things then to be gin is there to b& an exact apportionment of power to numbers Shall we then re alize' that perfect equality, tha t equitable principle of association, by which one set of partners shall contribute the funds and the other ' la v them out ? ;The property bf the East pay the taxes,! tn'd the population of the West spend the money? Indeed, some of us must be excused if we are. not yet so captivated j by these promised' blessings as to forego -thf?.tpferable com forts which we now possess. That the Constitution! has its defects, no one can doubt. But; has it been shown, can it be shown, that it operates oppi es sively or unequally ? In what instance has injustice been done?! Where are the wrongs committed ? Who' are the op pressed ? The formation pf a government is not an every day business, in which an error committed may be rectified as soon as done rashness and petulence may ea sily pull down the political edifice It re quires consummate wisdom, virtue and patience, to re-construct it. Old fashion ed as is theifabric which now shelters us, it has worn well. Its workmanship may be plain not accommodated to the refine ments of fastidious taste but it has kept out the wind and weather for forty years it has yet the appearance of solidity and the promise of duration -and we may not feel ourselves as much at ease in a new one. - . ;;-' " : . Much seems to be hoped for in the im provement of our Constitution, from the tranquillity of the season in which we shall set about its amendment.: Such a hope, however, is not without its alloy. Howe ver favorable a moment of profound quiet may seem; to be for reorganising thesliaV tered fragments of ; a State, itmay be well doubted whether such a j moment be on the whole most propitious to so great an undertaking. We must take ourselves such as God has pleased to make us- frail, imperfect, fallible creatures under thi Hnmininn of our everv dav nassions ' . - ' 1 - j rs ehcjted the ajvinparKrwrncti animates ' . - i - 1 and prejudices, vy heii (great cccasion-; detestable artificies, of the agents of fac .on-esl tms general principle blit he in occur. when danoerineiiaces, then indeed tion, as is practised in X. Yoik.Pennsv" Slsis there must be a summary niotie cf our nature. The heart is'depurated from every vile motive. The energies of . the soul rise elastic under the pressure which would bear them down & man becomes superior to his ordinary self. It is with a a people, as withi individuals. No man is hero every day. t A people - is best fitted to meet in Convention when the urgency of the occasion will not permit them to do wrong.,- ' - Adverting now to the other topics which the Gentleman from Oranire ?had dvelt upon as Subsidiary to his primary object, Mr, G.jSaid, pe yould endeavour to dis cover how far they supported this proposi tion for a Convention.- He was perfectly willing to concede to the Gentleman 4he truism upon which he so e'arnetsly irisistsj especially after the qualification .with which he had stated it :l that whenever it was convenient to the people they should, elect their own officers.". By convenience, the Gentleman has properly declared he aio noi mean a mere pnysicai aouiiyrio attend "the polls but practical utility? Thus explained ; who doubts the propo sition ? ; A' declaration ironi us to this effect will be no extraordinary proof of our sagacity 5 nor will it greatly enlighten the people in regard to their - rights. Wherein ought they to exercise this right of election, and do not, under tlite existing Constitution f Let it be shewn thai their " converiienceyv that, their practical good would be promoted by a cliange and then sometfiing is proved. It is for their mter estjHsays the Gentleman, that they should elect the Governor, and not permit him to be cliosen by the General Assembly. And howjslhis position established? f The Governor is not the. Governor of the General Assembly,, but the Governor of the People." "True, and the Judges are not the Judges of the General Assembly but the. Judges "jpf ltb.e People. Yet the Gentleman is willing that the appointment of these shall continue with the Legisla tureAVliat jrractical good will result from rendering, the choice ' of the" latter immediately dependent on 'popular suf frage? It mav give the office a factious consequence which it needs, not, &,which it ought not to possess. InGovernments which come in contact with - those of foreign states, either in' negbciation or war, the Executive is a very important branch and must have vigour, energy and patronage. These are evils which the friends of civil libertv - view with rejrret but to. which they . submit because they are unavoidable. But in a government which regulates only the internal concerns of its owiv people, it is neither policy nor republicanism to give artificial importance to its executive arm. The Governor ought hot to ))e trusted .;with ' extensive power, nor vested with patronage. -He ought to be simply, what he is with us, the first of ficer oT the law charged to see it faith fully carried into execution. Nor can the people, tfie members of the political as sociation, which we call, the Mate, feel their rightful power-abridged by the ap pointment of this officer being confided to their immediate agents, the members of Assembly ; more than the Stockholders in a monied institution feel their rights jeo pardized by the choice of a President be ing left to the Directors whom they ap point. Perhaps tfete contemplated alter-, aiion may have5 another practical efiect. Increase the power and splendor of the Governor, and let him be chosen direct ly by the free male population of the coun try, and you bring ' into more extens.vv operation the principle by which diatsc. tion of the btate m winch the whit'e pop ulation predominates is to bear dvvA-n the section where there is less strrmth and more wealth. Should it have tjiis effect Gentlemeti have at least tb.e lieritpf con sistency in classing this rn.position with the others which woul d array numbers against property. liiat this scheme will not increase the actual weight of the people in the govern ment, the Gentleman from Orange has been good enough to prove to us. There was no -art in the Constitution lof the,U. States rm which its framers had bestowed so mxicAi attention as on that which di rects the mode of choosing the President, livery avenue to faction and intrigue was supposed to be barred. The election was to be a popular,election but freed from the vile wars and dangerous .violences which too often attend such a choice and what has been the result ? The Gen tletrian himself tells us the election is no minally made by the People, but really by the Congress of the U. S. And what as surance can he give us that the same prac tical consequence will not follow here, from an adoption of a similar mode of choice ? The people may be roused and cajoled, and irritated, and abused, by the clamors, calumnies. slandfr nnrl nttim- I 7 " 7 " T "ml 1 1 ' ? ' 4" : .nia.fis otner states, bei we the decti a j Governo - tbey may be brought to wit ness excesses in election contests, and e- ven to take a part in them, disgraceful to human nature, and- as yet nnkhown a mong.us but will they not, in general, appoint him who comes recommended by the majority of the General Assembly h Knowing not the candidates .personally what safer criterion can they take for judgingnof their claims? And is the con stitution to be changed to mock them with the formwhilejhe substance of the ap pointment is retained by the legislature ? - Among the weighty reasons assigned for calling a Convention, is the necessity i of giving to the people the immediate ap i pointment Of Sheriffs. Tt lias been cor- rectlj' remarked, by the Gentleman" from Hertfordthai if it be wished to, change the present mode or appointing Sheriffs, ' is in our power to matce the' change., If we believe the general, good would be. advanced by causing them to be chosen by popular suffrage, we have, but to pass a law, Sheriffs, will be so chosgn ; but the Gentleman from Hertford hqs therefore regarded this project as a bait thrown out by a skilful angler to catch the unwary. If . it be so, permit me to say, that pur i?iv ers below the fahVabound with gudgeons who bite eagerly, and are easily taken ; 1 but that-1 do not believe a minnow can be ; foimd amongst them who can be , caught fl with a pin-hook, concealed in this bait.. s Indeed, Sir, noth'ng but my sincere res i pectfor the Gentleman from Ora'hse, cam I prevent me from regarding such a reason I jbra Convention with; contempt t- edly has a proposition to elect Sheriffs by me peopie neen orougnt neiore ine-ii n reral Assembly ; and as repeatedly has . it been rejected by a large majority. At tuw uiuiiicuL, tc uac a uiu jeiUIt US - for the purpose and, my life upon it, this Y' bill will share the same fate wiih its f It decessors. How, then, can we dare we,, i in our new - character of self-appointed counsellors of the people, give a solemn vote, that Sheriffs ought to be elected by , popular suffrage, and that, for that pur- pose a Convention is necessary, wh en, Ui -s" " v.t.j, ciuac vo nave them so appointed ? . V The next proposition, in the Vistor con templated amendments, reganjis a subject which the Gentleman rom Orange de clares that he appoaches with reverencc and awe the tenure of judicial arjpoint ments. Sir, there was nothing in the Gen tlemaivs proposed innovations or. our fun damental laws, when first announced'" which more excited my astonishment and regret than that which seemed to have in 1 view a subserviency of the Judiciary to 1 the Legislative Departmen t of the Gov ernment. Tt wag some relief, it wa great gratification to me, (o bear him e mark, near the fclose of- his obervations that although he mus'c insist on the piinci. pie of rendering Juri removable t m office by a vote c,f the Legislature, he would recmre, were he to 'have a voire n Convention, a r. fol this purpose little short of unanimity. . This might ' indc rd," mitigate in rjractice, the mischief of the principle vhjeh he seeks to introduce, but however mitigated, it would be pregnant, with ev'iU In the theory of every well regol?.td government, -those who ex-l4ury-, should not only he distinct from tbpe who make the law, but they- ought to fee superior to their frowns, and ?ln5i I 'pendent of their favors. Spotless honesty. iciicuii wisuuiu iinu innexioie hrmnels are the qualities which ought to I preside on the judgment-seat. To enable us to procure them in the highest degree which the infirmity of our nature will j permit, we should exclude, as far as practicable, every motive to corrupt, every passion to agitate, every lure to seduce, and every peril that may shake judicial integrity.. The Judge should feel himself responsible only to God and his Country. He should hope for no reward hut their approbation. He should fear no evil but their condem nation He should hold his office by the tenure of good behaviour. No man, no cpinbination of men, should have th ? pow er to injure him while he behaves well and no power in the State should be able to screen him if he do ill. 'J hese have been thought axiums, fundamental truths in the science of political liberty.1 They have not the tendency to make the Jude as is untruly pretended, independent of the . people; but to rescue him from subservi ency to other agents of the peopled ' He is to depend on the peopIe?"& in the mode by which the people cbabse to prescribe his dependence. le misbehave, he is to be expelled fr their service, flut he is not to dftnd on those who, like himself are fUt delegates of the people. lest thefaizh expel him because bt will not i-10 their errors, or aid their wrongs. ! he bentlpman ' frnm Y)r'anye does not - . . m . . . riaosan ifjcompeicni juage jn ex , . -
Newbern Sentinel (New Bern, N.C.)
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Jan. 22, 1820, edition 1
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