rVOLUME IV. NEWBERN, N. C. SATURDAY, FEBUARY 2, J 822. NUMBER 02 L I : 1 m 'I 1 . 1 1 i . j i. .... m , , " - . j , - . " ' i J . j r .TE0 ASO FCBL1SHED WEEKLY, BY PASTEUR $ WATSON, " ner annum half in advance DEBATE OS THE CONVENTION QUESTION - HOUSE OF COMMONS. Dec. 13, 1821. m.- flmise formed itself into a com- -.cre0f the whole, Mr. Bricketlin the Cl.a.r on me 1 p ;led hV 31 r,. rtsncr liuiu yausuuijr, uu the 1 liii'instant : 'i 1 Hcs Aved by the General Aisemhly f Srfth-Carolinn, That the representa tion of tl people of this State in both i' ,nrhes of the Legislature udder the ent Constitution is greatly unequal, Lust, aad anti-republican. c.JEht to be so amended as that each c-riz-n of the State should have an equal Jure i e rlgnt of representation upon th principle of free white population, in cluding three filths of all other persons. 3. VUeref'ire Resolved, That at the nt Election for Members of the Asscm the people of rhis State, who are en tile! to vote for Members of the House flf Commons, be invited to vote at the iiiJ election, whether tney are in lavor 0d Convention, or not, by writing on j their ticket, Convention or Dio Conven tion. 4. Res Jvcdf That the Sheriff of each Cunty in this State, or other returning 5cers, be and they are hereby directed, iia nediately after the next election, to ascertain the number of votes given for or i.'jinst a Convention, and to make on i correct statement thereof, and trans n i t!i? same to the Governor, to be laid before the n-xt Assembly. dr. FisiiKRsaid, before he entered up- c.i tht. subject of the Resolutions, lie express his thanks for the very Ci.n teuu-; manner with which the House I ht I thus far treatd-his proposition. He ! c.u!d not forbar: contrasting their con- J duct on this occasion with that of another htv not far oft : and he was proud that j trv comparison rcuounas so mucn 10 me advantage of this House. When a raem tr, said Mr. F.. rises in his place,; and sjbmits a respectful proposition, it is no thing but justice to give him an opportu c:ty of deliveringiiis reasons in its favor it is common courtesy to let hiin be heard. But for the majority to arrest" it at the threshold, and at once out it down, , is neither justice nor courtesy. Major ities should remember, that minorities too Lave rights. And, Sir, when the majority ot a deliberative Assembly,, in the true- spint ot tyranny, prohibits debate, gloo ray indeed is the prospect of an impartial I decision at such a tribunal. In looking ii. on such a body, we are almosi temp ted to s:iy, as it is said of Dante's Hell. u Hope uever enters here' . But, if one branch of the Legislature has shewn us thj ue have nothing to hope from them, aiuy rejoice lhat prospects are more promising here that in this house he will at least be decently heard. Mr. F. said he regretted the occasion that had called fo'th these remarks. He would now pro cevM tj the subject before the committee. ir, when a Convention is talked of, e immediately hear the cry of the sa c.vuuess of the Constitution that it is tiie work of our forefathers, and, there kie, it is next ta sacrilege to touch it. This cant is the chief argument used by many against calling a Convention, a.'rl, as there are some well-meaning per sons on whom it has influence, Mr. F. sa.d he would, in the first place, c-ill the attention of gentlemen to the circumstan ces under which the Constitution was formed, and see if these were the most favorable for the accomplishment of a UfirL- nl" curd mii!t..,l.. II 1. 1 .1. - - - - ... w.iuui.. n uum i lie 1 1 proceed to point out some of the defects ct thr Constitution requiring amendment. .When we consider the state of things under which the Constitution was framed, K ulJ be a miracle were it otherwise tani defective. The whole continent full of confusion ; in our orcn Slate re particularly, the difference among t"' people ran high. The majority, it is tr a, were in favor of the new order of tu' but there were many that still ad ci to the old and all, from habits, education, and early feelings, were F. alluded to the conduct of the When .Mr. Williamson intro- 'late. Jced Resolutions similar to those of Mr. that body refused to refer them to a utitee of the whole Hou-. or even ' 'v them on the table, but iawed a t ...v.. mv irj-.i iiieni ill - . o . r A l . .vv ua nowever tuey agretra lo ;c.i JlrthelUohjtious. j olulCllCu IO IIIC principles ui inc. uiuisn wi .., uit,iui ncic Qiyajjia- wmv ncit in mi, ucimij: vum- ai c iiruiiucs uujiuuig tw aKCJ cnumejg I Government thev still thouzht Uhat the ken by "Coupties and towns." In that mons, Columbus, has as many members ted in view 3d. also contain about on British Consitution and forms, were the I of Halifax,; a proposition was made to as Rowan so that it is riot (the people as third of the free population of the State.' wisest and the best. Sir, if it was neces sary to stop by the way to prove the ex istence! of these feelings, proofs are abun dant. The very Congress that framed the Constitution furnish proofs. That body, in the most solemn manner, signed a test in which these attachments were declared. Tue Congress that: met at Hillsborough, only twelve months before, also furnish proofs;! thevin like manner signed the test, acknowledging the Urit- ish Constitution and Laws. L"ere Ar' F. read several extracts from the Jour nals ofj the Congresses of Hillsborough and Halifax, to shew the feelings that prevailed in those bodies, and their high estimation of the forms and Jaws of the mother! country. Cut continued he, be-: sides ihse feelings, stronglV inclining that body to the adoption, in the new Constitution, of British and Provincial forms and principles, 'there were still many oilier embarrassments th.it surrounded them, j They were engaged in a work to them new; new indeed to the world. History furnished no example where any people had met together, under like cir cumslances to frame a government for themselves, as vet, hut I nnctifiilloii.iii'.iL ntii n'oc Wi'lioiliuuwii-iiiimuiv ttu, little known i hey were without the light of experience, -or the benefit, of the examples of the other States ; for, as yet, but few of the Stales had formed thfir Conslitutions. ' Under circumstances like these, is it at all sur prising that the Congress at Hafifax should form a Constitution partaking largely of the features and forms of tne British institutions ? Indeed, it was their design and policy to do so, in order that it niisiht be the more acceutable to all classes of the people. In an address pub lished by the Congress of Hillsborough, to the British people, we find the follow ing sentiment, ' Whenever ice hauc de- parted from the forms of the Constitu- tton, our own safety ana self-picserva tion have dictated tue expedient." 'Bat there is another fact that must be considered on this part of the subject. Mr. F. said, until within a short time, he had all along entertained the opinion, that the Congress of Halifax had bee chosen and convened for the express and sole ouruose of forming a Constitution. This was far from being the case Judging from the Journals of that body, the for mation of a Constitution seems to have been but a minor object of their atten tion. The Congress met and proceeded to business. In a few days, a committee was raised for the purpose of draughting and reporting a Bill of Rights and the form of a Constitution. The Congress then resumed its other business, of which it had a vast crowd, such as naturally a- rose out of the state of the times, and the situation of the country. Thus they went on, until the committee reported the form of a Constitution and Bill of Rights. wnich were examined, amended, passed at short intervals their several readings, and finally adopted. Judging from the Journalsthe whole time bestowed by the Congress on that subject, could not have equalled more than three or four days, at the roost ; and, out of two quires of pa per containing the Journal, not more than three pages are taken np with the pro ceedings on the subject of the Constitu tion. After the adoption of the Consti tution, the Congress continued in session for some time, devoting its attention to the many interesting and embarrassing subjects before it;-sudi as raising troops, providing the ways and. means, hearing memorials, and settling the internal con dition of the State. These things, said Mr. F. I only mention to shew the pres sing difficulties that engaged the attention of the Congress, and how utterly impos sible it was for them to bestow that time and deliberation upon the formation of the Constitution that its great importance required. Indeed, the examination of the journals connected with the conside ration of these circumstances,, must satis fy every impartial mind, that the fraraers of the Constitution only intended it as a. temporary work one that the people would examine, alter and amend, when the troubles of war would pass away, and the sunshine of peace be restored. But grant for a moment, that the Congress of Halifax designed this as a permanent Con stitution, then we must recur to still other circumstances to shew how next to im possible it was for them to form j a Con stitution that would suit the future condi tion of the State. The same feelings that now are called Eastern and jftstern, then, and long before, existed in the Pro vince of North-Carolina. If they existed among jhe people, it.is reasonable to pre sume that they were not absent from the Congress of Halifax. Indeed the jour nals of lhat body furnish, oioofs of the fact. In the several Congresses before change the mode so as that each individ ual member should have one vote, this proposition every jWestern County voted. Against it, none but the smallest counties in the East votfed. . In the Con gress lhat adopted the Constitution counties wtre represented ; of ihese, on ly ten were Western : All that wide range of country lying west of It areighj retained the practice. Thi therf is a was then divided only into ten' counties. I relic from the old colonial system : but Sir, l hat Douv being thus composed, suppose that an efloi t had been made to fix the principles of teprcsentatiji po otherti4a' sis than the present, what would have been the result ? The same feeling that will influence members on these resolu tions would have put it down : the vote in all probability, would have been 26 against 10. These, Sir, said, Mr. F. were the cir cumstances' under which .our State Gov ernment was formed ; and this accounts for the features of aristocracy that appear throughout-the Constitution. In fact, tew indeed werti the alterations that the Constitution made in the then existing laws and polity of the Province ; even the names were retained. The judicial department was but little altered : and the Legislature not much more, except .1... .1 .! t,Tt f " mar insieaa oi ine nouse or nurgess- ses," the popular branch is called " theUlalwn alone is taken ; for that is the onlv House of Commons." a name as appro- pnate for this branch, as the House of Lords would be for the Senate. The ijeneral Assembly was the term by which the Legislature was called, under the Pro - vinciai uovernment, and it is retained in tne constitution. . ine quanncauon oi fifty acres of landj and the representation by counties', were taken from the laws ofj the Province. In short. Sir, the Piovin- cial laws and customs were the materials! out of which the Constitution was' built, and the Constitution is but little more than a compilation from these materials. And this is a monument of wisdom that we ace told it is sacrilege to touch ! Sir, it is right to reverence the work ol our forefathers but its being their work does not make it perfect: like ourselves, they were erring men ; nordojl hold vith the maxim of the k Holy Alliance," that whatever is ancient is good." Even ad mitting that the Constitution was the best for the times in which it was made, sure its framersj were rfbt political prophets to forsee that it could .suit equally well the conditions of future generations. Fhe old Congress, said Mr. . F. lhat framed the articles of Confederation, the first American Government, was a body of men never surpassed for waimth of patriotism, clearness of intelligence, and i 1 force of sagacity ; and yet Sir, these men, with all their wisdom and foresight, for med a government that in a few years be gan to tumble to pieces; to save our infant republic, a new Convention was called, anfl a new .Ccmsution wast adop ted- How is it then t.iut the sages of the old Congress failed in their first gov ernment, and that the Congress of Hali tax, should, at once have reached the point of perfection ! It is not so :- our Constitution is full of defects; and I will , now proceed to point out some 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. He .would, therefore, only take up a part, - and leave a wide field, for his friends to occupy. Of all the objectionable parts of our Constitution, tht system of representa tion is the most unjust and oppressive. Upon this, said he, I shall confine my re marks; and, for the sake of being better understood. I shall consider. 1st. The representation of the people, dly. The representaiiqn of the property ; for the theory of the Constitution seems to be, the representation of the people in one branch of the Legislatnre, and of prop erty in the other. 1st. Then as to the representation of the people. And here be it said, that in practice, the people are not represented at, all. It is not the people, in the true meaning, it is the countiesi that are rep resented. Tf the people were repie sented, numbers would form the basis of the systeoi. The counties are as much represented in this House as he States are in the Jjenate of the U. States; but not upon the same principles, or j with the same propriety. The States are distinct sovereignties, and it is by compromise that they all have an equal 'eightwin the Senate of the Federal Legislature; not so as regards the counties, i here 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 Legislature where the people are repre sented. Rhqde-Island hnd only two mem bers vhen ISew-York has twenty-seven : - ; a relative part of the whole, put the coun tori ties, as a kind ol sepiarate gov , ernments, that are represented; The biiginal of this feature in the) Constitution - will be seen, when it is remembered that 36 J counties in the first settlement of the pro- - 1 vince, were separate ami distinct govern- ments we have altered the theory but I come trom where, it may, it is a 1 -system under the onerationrif which, oiir State government. ha4 ceased to be a Re public, and becomes a comp ete and per- feet aristocracv. What is art anstocracyy but where thefeto govern the many? is it not essential in a Kepub icthat the citizens of the same grade iff qualification should have an equal participation in the rights and privileges of the government ? and that a majority shall! rule ? No government where these principles absent, can merit the name of a Republi- v.uii guvtrimueiu , uno, oir, it win not De 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 cal culations bottomed on the last Census. and on the revenue laws of the State. . . . Let me here premise, that in all calcula m . I l .vn .A - k .1 r. 'i"uc un population, me Tree ooou- population entitled to representation un- der the Constitution ; and, when gentle men are contending for the oerfection of ina instrument, they surely will not wish 1 to assume data not recognised by ii. Slaves are not leittn our Legislature, el- i -",cl.a popuiauon or as property; and j where calculations are 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, be- cause some gentlemen may Kvish to as su me the federal numbers as the data of calculations an assumption which she could not admit. View I. The State is divided into 62 counties of very unequal extent and popu- lauuii, jrci cacn senuicg 10 jne legisla ture the same number of members -making in, all 103, including ithe borough representation. The free population of me owie is souis, wuicn, divi ded by the number of members, '. in.the Legislature gives to each member 2248 souls, or, in other words, jevery 2248 souls, upon principles of eqtfalitv. would 1 be, entitled to one representative. ; Take this then as tlie ratio of one memberfand how will the resnlt appear ?-i Why ! The counties of Washington, Jones, Greene, Chowan, Columbus and Brunswick, each would be entitled to one member, while, upon the same calculation, Ft o wan would obtain 9 and Orange 7 members. But take the free population of Greene or Washington, as the ratio that shall send 3 members ; and, then, eacji of the little counties just named will rejtain their 3 members, while Rowan will send 27, Orange 32, and the other large counties, tn due proportion. View II. To the 6 counties! just named, add lyrrell, Martin,' Lenoir, Hyde, Gates and Carteret, making twelve coun ues. j nese twelve counties contain a population of 38,037 souls, wlfile Rowan and Orange contain 37,967 nearly the same amount; but these tvre, ye countrer, send 36 members, and Rowan and Or ange only 6, exclusive of the borough re preserttation.' View 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, Lincoln, Guilford, Mecklenburg, Stokes, Rutherford, Burke, Iredell,! Randolph, Surry and Wake, with a population of 156,726. Thus 38,037 sou s in certain small counties, sei.d as many members to the Legislature as 1 56,726 sduls, existing in a like number of large cbnnties the twelve larger counties contain 118,689 souls more than the twelve slmaller ones. View IV. . The counties Of Washing ton, Jones, Greene, Chowanj Brunswick, Columbus, Tyrell Martin, Lenoir, nyqe, Gates, Carteret, Ashe, Beaufort, bladen, Bertie, Camden, Currituck, Franklin, Hertford, Haywood, Moore, Northamp ton, Nash, NeV-Havover, Onslow, Pitt, Pasquotank, Perquimmons, Warren, Wayne, Person and. Richmond, in nura hpr5!3. rantain 14428 soul. JUSt about one-third of the free ipopultion of the . - ! , .ut-u ' Siar. vet thev send 99 members,. which . is a majoriiv ui nx- . - Does it no't plainly appeaj-, from -this view of the subiecu that one-tlard of the population of the State completely gov- ern anrl rnniroi IUC vmri ini..... What is this but aristocrary The few governing the many . ; one third contro- iinrr twwhirds making all inena tp- pointing all the officers, judicial, execu tivm and militurv ? "'Attain:! the eleven - viz. 144,041 souls; but these are entitled - ! only to 33 members, or 66 less than I what che same amount of population, in another part of the State, is entitled to. is this, said xMr. F. rrw.. i 1S tuts giving to the citt zens of different sections of the State an equal participation in the lights and privi leges of the government ? Surelnot.' But perhaps this system has its paliatives f Since we have not Vn equal voice In mak-, ing the laws and appointing the officers for their execution, perhaps by way of atonement, we are exempted from bear ing an equal share of the burdens of the State ? No. sir, we pay our full share of taxes, and, in times of danger, we furnish our full, quota for the public defence mm irftnicnt i r . i i Yes, we are taxed by population but we are represented by Counties. What would gentlemen say, were we to propose as a law, that each county in the Stat should pay the same amount of the Taxes into 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: ina, 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! But let us see the'proportion of taxes paid by some of the counties, in comparison with that paid oy others. 1 he counties of Columbus, Carteret, Currituck, Akhe. Tyrrel, Washington, Hay wood j Hyde Brunswick, and Moore, ten. in 'number. in the year 1819' from all the sources of taxation, as returned by the Sheriffs, paid into tne Treasury 4,193 85: while. Rowan and Orange themselves paid with in a fraction of 5,000 But noihinz more strikingly exposes, the injustice of our system of representation, than the fact, that there are a 'number of small counties that do not furnish ta'x-s enough , to pay the wages of their own members. J he counties of Currituck, Columbus, Carteret, Ashe, Tyrell, Hyde and uay. wood, in the year 1819, paid into the Treasury 2,609, and for the same year their members drew out 3,441, or $834 more than was paid into the Treasury; Again: for 4ie year 1820, Taxes paid into Pay drawn out tne .treasury by Mevujtrs. Hyde, $407 24 $466 90 435 40. 530 449 80 383 30 468 J72 80 Tyrell Haywood Carteret Columbus Currituck Ashe 384 29 245 87 406 09 345 55 460 62 259 77 $3,20610 $2,50943 From this sum of $2,509 43 deduct . $168 50 repaid to the Sheiifis of those sCounties for mileage in attending to make settlement, and you have the sum of $2,340 93. as the amount paid into the ' Treasury for that year ; while the mem bers drew out the sum of $3,206 19, or $865 17, exceeding the amount of their taxes. The proportion of each county, the expenses of the! judicial and executive branches -of the government, is aboui' $4 65 annually; which added to the. $865 17 makes these seven counties an annual expense to the State of $4,120 over and above their taxes. At tins rate, from the taking of the census in 1820 td 1830, when another enumeration will take place, they will have cost the Trea sury beyond their taxes, the um of $41,000, a sum not very far short of the whole amount of the taxes of the last year on lands and slaves. Now, sir, i thre any thing just or equitable in a systeni that operates in this manner ? It is not enough that we must permit tht S'. small counties to equal powers with jthe 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 braoch of it the repreuentatum of property. It is a principle now utnver- . sally acknowledged, that property ougnt to be felt in the councils of the govern ment: tint to have a predominating influ ence, but a proportionate weight. One of the great objects in establishing gov ernment is for the protection of property, and nine-tenths of all taxes that supp tt government are raised dirt ctly or indi rectly from property. It isthen nothing justice and good j'ohcy tint more than itiorc man justice anu tjwj . . n relative representation iif the council ot the Stated Is this the case under cut) Constitution ? Is the eight 1 pt Pp." graduated and' represented s it' ought t be? Certaiuly not. Due specitn ui property only is i epresented, vi z Ui d and the land-holders hae dwbl weight in the Legijiatuie,;that poptl j u arid every species of property put toeta ii ii V I 1 X