1
r
:W' - y-v'
v.
Vf
I
r t
d
s. ( ; Message after the. whole negociatiaa was
W",'j?ZrT xlose to insinuate-that he bad noxompe-
' t tent nowef that he had made na sneeifick
.r . .m- : . ' r -
f T ; : -offer, and that his intimation weiawoirt
' panted with, inadmissible-, pretensions on
,hi potnt. "J," '.,- -v-' ' -
f i" I 8naU hereafter distinctly examine these
- r.j'y pretension which are declared inadm'issi
.' fS ' oltf bat at present mf object .is pimply to
Tff r shewrand that have .fullysdoneijtha- our
v ' "Cabinet have in .verv- mdecorus language
k L -V . 'contradicted Mr. Jacksop's most solemn
ci.ascvcri.uupa,; aau, (nisrcpresciucaiiBit gia
Ting manner his observations..;:. - ,'
. .Great Britain, that of having matle no pre-
posals tor the, repeal of theorderrm eoun-
:. !. .1-- i -.i.i '..:
, . , vuf u tuc ouiyonc i wnicci pur govern
j-s 'ipent have not come toa flat contradiction
' fMr. Jackson's declarations ,
l4 ' vu vcucr ground TO wis cnargw , .
" Itis true th Mr. Jackti didnottome
, - . Authorised to receive or) to make any oth
' ., .er 'proposals for the repeal of the orders in
.. ;touncl ;fe;';i'i:vt.
- - . And what are the reasons f , .The most
' " , -Irespectful to u, the; most justitable in
V J. ,v J St. Because it would havf beetf Jndeli
v. V ' ? .cate and indeed affinitive ewj'pro
. v- C'- ( positions which, atthough probablyilirst e
? imanated from our cabinet, we ha4een t
to disavow And reject.' " -(?';: ."l
I , - r 2dly. Because we, ' claiming' tnf rtpe'al
, . , ofalneasure which Great .'Briuin jiad a
1 " J x i, ' Adopted as 4 just retaliation oh her' enemy,
he jiad right to expect that we ahuld pr-,
' J -.tae a substitute of resistance Mir'enemy
. .":whic. would. tak'ethplaee.'bteii-'
, 'nd would fidfil the duty which she cortten-
A i ded we were bound to' perform ij order to
' 5 venwue us wear neutral pfuilegs. Xhtff
; r c Hut lastly &.the most important jCeasoh
C of all was that she had in repeated irtstan.
,-efs tried the enect or proDOsitions tri vain-
Jnthe case of Mr, Rose and lVtr. Krakine
- li had stated her termvnd aootf as they
-wq we had demanded something
, u i i w hich she could notgrant---beslues,
a the last proposal caihe from her and we
iiaa rejected it, she had a rightto expect
proposal trom tis. v. -
1
STATE LEGISLATURE. , -
itJ. - H. .1 fl U t'.t "o .' W
v.'--' nifJi 9TPw
Wk B t irii-i
ITh'u Bill J)rtmdv that wfaert ny Judgment twd
...keen ohtained for debt or damsg before tb 31t of
- . Pecemher,, 1309, execution hraldbemitpendedop-
4 tu uie jiu oi' ueeemser liu on ine dcMer pay'
" f tnir the intc-nt Mvd emtilwith otic hiof the prfucl
. 3. ii. t MftxtMaHMhlBt. t.v..,;:
, Mr. JL-UcxLEDex moved tQ amend the
f . Bflt so as to extend relief to those enlv who
7W contnuted deVu prior to the end of
' 'r.i--. ..... :e irL. ti. i.r
wi v" caiui ui v.uiijj.c3 wnica laid yie
Embargo, to wit, the ?5th pf Apr.1,.1808.
' ' Mr, GLisiOMwas opposed to i ue amend-
.Went, -as many persons ad contracted
,v debta under the expectation of beine ena-
fckd to dischargVthera! at the expiration of
'.llA H ,t.Nii!An ' Ini. r 1 n . . i 'j I
.was thit amendment, tar be adopted, it
"..t'.l .U ' : I'1 ' i '' ;. '.
wwiiu, iuukiu, prurc ,yeiy. injurious Qj
its unequal operation 'r
' 1 '' iv"ii.-j'ui. niu vjio luspcnsion
- law rcw outorthe'EmbariiMtKat
. vWing been remoyeUie dp pit" jff'Hio,
. uiaoie commerce,w;ere. now open' ind pert
. sons who had contracted leut durinsr the
rl-., ' j' i... L. r
( j imuu, mu .urtuaaca cneap, ana were
' ' generally enterprizins Welt Informed
wiio cnew now k calculate pn tnc course,
' of 'eventtt.This'Bill. as it now stand.
i would be giving thenj double, Advantage
Mr. . Wxbb thoutrht eaual iidut4re
, 6ught to be extended to those, trha hope
v-v contracted 'debti upptt 'jwhich oita have
' not oeen orouirnt. s to those .wiio have
Styen bondi oh judgment, 'hrch ,w.-ui not
, case in tle ," prevent ;.;"Bjii.'ta;un'
C Jtist bequLity of operatibij, the, proposed
., sraenam-nj, wouia go to : encrease., jflp
t pnumu, wiicm .in . urucr,, myyw uiQiieir,a
" iJ :,' mendment conformable td the oniniona he
"(,'-" 'had expressed'" He could see no reason
- tot giving ' preference to thpse who jhad
, i i v;-.. occome oeorors at uinereni penoas. . ,ew
, . might havo become such from motives of
. " gpecdlation bdjt jrith the far frreater part '
' It' was h measurt,"not ' of choice.'' but of
. . ?..- j . . . .
, r sicvessiiL anu wouia impossible to
i MJscnmmate between those glasses pf deb
' ' - " loirs. Besides, it was pever expected the,
v ff mbargo would 'bejfng,'xontip.uknc6,
' nd few could have , beisii . bhefitte4 by a
' i knowledge that itwpuldhave coptinuecf for
v u '4 year and half, though many, ; prpbably,
, ' euncrea irpra a want ot. yiat Jtnowledgc
,lu "lie was, c"cvei.')iajt W..tier.jiiViach
, he could consider it, opposed to the amend
i JMr. W. .W.M JHM.wa1ii avour.if
"w wc aiiicuumcnb. X19 -ocuevcif .ueqa con
V, r'tracted during the embargo , lyere by spe.
.tulators, who obtained the property of the
feentleman from Halifax savs. thsv mio-ht
iiaye enterea into contracta.Jttnaer .thie ex
. Vctatioa that' the embared would iwt, have
dwrtttrhtAi
Legislature were under no obligation to re
lieve those Xf0" . the biter sometimes gnt
bit) who speculated upon possibilijtiiJs-, It
was bo business of the Legislature tqitake
care of their speculations. . i v
, Mr. Wr R. Kinq jaid, as- the debts
must have been contracted under an ct
pectation of being able to meet the demand
out of monies, the payment of which was
tuspemwd;; by the act of last session, u
less thev were to be benefitted bv the tre
sent bilL we should do them a manifest inv
justice. If we could assertain speculators.
those who had taken advantage of the ne
cessities of their fellow ciuzens, and had
purchased property for a 'consideration un
equal to its-.value, be : would 'readily era
brace a propOsitiort that wduld exclude
'them. :. But as that could not be donef he
wpuw place ail. on aatqaaiy.. , . ,
' mr. tUuACKicooB observed, that we
ought to provide, for those who do not read
the newspapers, and sec into political e
vents, and not for daring speculators. It
we do notmake this exception, said Mr.
B. I very much fear we shall be accused of
legislating far. this unpnncipltjt set, for
suspicions to that effect have, already been
whisperedab6iit-We! have' befo-je lis-
Bill to prevent scpculations in land, but
these land speculators are mere pigmies
compared with those which this Bill would
protect, -7 lh ; ;P ,'. y,; v
. The question on, the amendment was
put and negatived. . V, , -1
: - A desultory conversation now took place
between -Messrs." Nortworthy? .,Edmund
Jffmts Wi WJtnet and Jama, respec
ting some further amendment wink A
... mar 2 ' : ' z. . 1L i. .
v ivir. piopaiso rose anu said uwi.m
deemed it improper to waste hne in amend.
nenUy when it was very uncertain- whe
ther the House" approved of the irbicipfc
of the BAU' Ja order, therefore, to come
directly to the. point'and ascertain tb fact,
ne movea tostrue out jne enacting; clauses
. Mr. GAstoit seconded the nrotioi It
was cnamiy, proper nrsi to seme tueprin
ciple betore goiqg into details., I he com
mittee to whom this subject was referred,
reported nothing upon .which the House
could directly act. This Bill was first re
ceived by the; House, w ho referred jt to
thfc committee, and they again returned it
to the House unaccompanied widaay re
port, and' without offering any opinions
and we immediately, go into the discus
sion of fietty amendinents, when after ex
haustbir all our'btrenuitv- and dotirds
spending days in the discussion, then may
pc, as i verity ociieTeinerew, mauncy
of the House utterly opposed to die Mole
prlnriple-I-5thffore appiwij of the
course pointed out by tbe Kentleman from
T!. 1. Li . ; T ' ' ;i ,. i
ciii, jiui), nope iks muuQn wu prevaiR j,
. We are constandy presented whh one so-
litary ; reasonone standing pretext for
withholding the rights pf creditors It is
the Embargo upon- commerce' "Great as
this evil may in fact.be great as "gentler
mep may be disnosed to represent jtj it
dwindles into hothine before this mosttre
mendous of all embargoes,' an embatgo of
1 W Ngenuemeor snouw enterup con
scientious ahd a I trust ;they; would.' a
well founded; belief that we have no temtt-
mate, right to legislate upon this subject, it
will be; sufficient W procure the rejection of
thiai Bill! whatever opinions may be enter
tained of inexpediency in other respects t
for I have a firm conviction that they have
too much respect for the sanctity of an bath.
and! the pbligationi of putriotism, to give
countenance to principles and measures at
variance with the .letter and spirit of Our
constitution. . t: ti"', ; ."' .
jThe constlftitlon of the United States is
the .sitpreme, Jaw 'of the land paramount
ro me consiuuiion 01 mis otate anato its
laws, and which we have all solemnly sworn
to support.! In this instrument it is deda
redj.; that no 1 State shall emit bills of cre
d', mak(j any thing but. gold pi silver a
tender, b payment of debts." Pass anv bill
of , attainder op post facts law, or law
hnpmrihjf the iittgatton of contract: :l
. This clause of the constitution waiihtide
to meet breclselv durh . cade an the nt-nr.
Before the adoption of die constitution.
some of the states,' not yet' emerged from
.L .ik...i.i.t. ! .
nit uumvuiLicn iuijjvscu uy uic rcvotuuona
ry strusnrle. had. from vervmistakenideaa
of f'poliyi undertaken, to ameliorate the
condition of their citizens by such expedi
ents as this" clause of the constitution goes
rAorcBBiy , ra proniuii. xn , some jji ; ine
states pap-r money was issued to an amount
ucypnci peir aouuy 10 reqecm in others
contracts were altered Dy. male in ir that a
tender which, the parties themsclve had
not stipulated X ahdiri others contracts were
impaired .in their oblication by makintr
mat payaoie at tne distance ot a year, which
the parties had stipulated, should be paid
within a month.,- By these -retrulations.
tne puouc . distresses were encreased to such
a degree, the confidence bf individuals In
each other and .in the constituted authori
ties was so greatly . Impaired, . tliat to ap
ply a remedy to these accunlulated tlVilsi
wa a great and leading motive to the for;
mationpf tliC -Federal ConjtiUiuon. Un
facts existlnc before- the eve bf the con
vention, we see a reasoc for this clause of
the constituuoa' that - cannot possibly pe
mistaken y tad which, was there any am
biguity in the expression I have just,quo
tedy might be asiftjy trusted, for an expla
nation. But the language of the constitu
tion, fgict-tted bhe pureM. of motives,
and by tlie wisest of men,' is o very" clear
and Texplidt, that it must stand oovitwts,
to all, an iasuperabte. bar to the passage 6f
this bin i'K, . - ,i '
f v If we wer tolcf that by passing this bill
we should not impair the contract ttself'hut
deprive one of the parties-of the on'poriLl-
nity of enforcing jt, if the indignation, we
shnuld feel at the attempt to- quibble a wav
in thit manner the provisidnsPi durhallov. -ed
'charter would permit-'we sshould aM
at the weak new-af tth tt"neralJrtto-
terfuge. It is a quibble that would iati'
fy no man's conscience, por qonymce any
man s understand mir : for how can 8 con
tract be jmore effectually jmputred thaa by
taking hWay the power - to- enforce it-l-a
power that tnay either '.be. suspended, fof,
time pr by the same principle,, or rathdr
abandomnenr t principle, pe 'suspended
torever; -! you Pan delay pinejtt qr
pne year, you may do it for two' years j
aaaH you can tor twc ears,. you capwltn
equal tight Uelay it fot fifty, at a hundred
years You do not jn express terms say,
that a debt ot twenty pounds shall be dis
charged by the pay ment of ten pounds or
that if httll ver bfpM t but by cleljy
ing the payment you may produce an ef
fect that will render the' fact'nubstantlalty
the tame. wr.-y-1
VlfU ridiculpus, worse than ridiculous--
to my feelings it is sjnfultoeek for a salvo
to the passage of this bill under the pre-
l.. ; ... .r J - ir- ...w ?
ic-kt, wim uuicau 01 inienering witn con
tracts, we art mefely regulating the courts
The object and the effect of ;the regulation
give tne, cnaracter to ma measure. j..
What .is a contract, jf '. the ' Legislature
may ie terpose other terms than those agreed
upon by the' parties, and give advantages
to the pne, and operating itiiury'to the other
br interposihg conditions which did. not
originajly exist ' Ypti alter; you impair,
A.m. 1 J..-i-.-. ' 1 . T. ''.-. ' '' .1 L .
- v" t - w' tuwsmuivf . uiiyvur
and essentially, violate i the.f constitution
.i.Li-k .. 1 -n x ' - ' i 1', . a j
nui.ii wc 114YC au Bwurn 10 support ana
with this conviction." which I as firmlv be-
ucye s.as iny w principle 01 my iaitnror any
precept which was ever instuled jnto nay
mind by parental iqstruction, I should feel
it a crime lit myself, a crime of the deep
est dye to suffer this Bill to pass Without
opposing It with my ivoloe. ; I do iaot Ex
tend this tobservatldh (a Pth. '5 U '.tptiti
one can poissiblYtliipk it consthutjofa
w iiiby wiuiuui uinic, give iinis support,
provided ne takes care to enlighten his on.
derstanding vm? the' subject i; fat to ybte
without enquiryi is aa .censurable-ai 40
Vote against convicttotu f'&Yf
i . This, to ine, would be enough to inflo
.. '. AmAAA --..--!: .t'T. t. '
But even if thejre w;ere no prohibitory clause
in the consutution, if it was considered
only-in the abstract as a measure; of policy
and expediency, I should, on that ground,
also be decidedly opposed to it., ' , believe
the law ot the last session ha agravMed
the evils it was intended to redress. ,, -
i' In these, sntimenta I firmlybelieve a
arge majority ot this House heartily con
cur t and I will fro vet farther and say-that
the tuspensionlaw of the! last session was
carried through the, two houses bv-Public
m T- - ' . ' - -:.... - f .
umnur, against the soper judgement of I
1 majority- Many firmly believed -thev
were doinff itnore mischief thatt good, but
they considered it their 'boundealdutiK io
obey what appeared to be the voice bf the
people, j Their wishes were to b indulged,
titough mtyshpuld bep misuken in what
regarded their true interests But with the
experience Milch this law has aJIbrded dut.
ing the ieai of itt continuance. & a knowl
edge of what must be the inevitable conse
quence, fbfelieVe a ytf greater majority
regret that Wevjaf: was passeiii-Yet possi-
Kl it nm )tf .!. 1I f Ol i
fj j v. yicc win toic ior its revival
in the ftill noW befort the House,, because
the pressure Has. become mater bv thede.
v .-", nwit icnuiuuuo ra ; retrieve
past errours, bjr firmly facing the evils, and
cncountcrinaf with vitroraus eninr. h
daily aeoimulan' embarrassments.
V li wa originally alledged in favour;tof
tne suspension at, , that the Embargo made
it .necessary tht, tho tudden suspension
of commerce leftotirjsuiplift!produce:to
he Pnttroductive hi our War-Koiises, lapd
jn ehandtiof; pjantera. W That
tuice no longer eistsi ' The Embaro i is
o uic. apuiets. never ...-.
TW.wrtopoi commerce,
whirh r. K-t -.ft- i -
ment for the revival
v auuruca now aa on
arau-
the suspension.
that a tfirecf intercom
If ranee if prohibited.-.'
f. Shall we. bv a sole
: wun (Cngund and
to act pJoclaiiqs jt
those nations & the face bf the,w,-U
that a retrulaon whirh .... ... . e !t
'&rt iptercoiise with them.
. r. r r -Tl,
knritM-ta!.?. .-miinfufrj that e 'virfOmf.iU-- J-
Itd to iitterruptthe coarser-of hw. Were i ts
dine: Poafession, 1 1 should ..blush for mf
abasement of the nation, andjstill mow for.
that of the state of Narth Carolina. 1 And v
is northis the language of Uie BUI and caY
vtini.W it and have anv pretensions to - If
tbe-nanve of an jndfp. ndent people ..Shall -a
r i .
werk by asoiciun act ot 4gisMnoar;wmcii.?-f3
mord emnhatieally-tuan words Can exprcb ?s:
4,av to the- rurants'of the Land and oi l
the tit-tan,: we onco- JecUrea. oureeivc;
annavpt'ivl'-nt nitipn j ous it;-, was 1
tVturs'-thR.t ' if any re straint'ls m
uriofk-Dttr mtitiwl ii.teru.urs.. we area rui ; , ,
- t ' . r I i f
-M- Ju.ili.-i -i- i far ii limf4l-ITHlfc fnfT r
lunkvthis.'onf.'si'Hiii of; our wrdtutssf i ,
our bHtiBf-Tifent? J If it hti' th s huiniiiati'-'g '-(vtrtnut-h
h-, it voukl noitilv mv prl If , , ".
wbyld stiil rt'ti'mynuch rt-gir( hit.iy'
country V honoiir as to"w:ora xo coofess tt i J
BatitisTiot. the 'fae"'. We" hirWf 'th ,-
knowIijflgL nd' I -tiiaiik God -for tha' X
knowledge of it,- ilvit wearenofriatht.aH
ject strt- of mcumww nA'tnwKnwt -mA -
. . ' 1 .... . . .'.? 1 i
wnicn some wouiu attemt io- pttn.uaae.ua
wtvarew We have, in.l-ed, aden anor
prosperous times ; but evf ? at :this timejvvj
our Mtuntion, compartd with- Hiar oloth. u
er states ,ad Jiatipns, is ,envi ible.j 1 ha , ,
produce of our country - is abundant t and '
tho the prices hsve been better; they areV
fered a litthj diminutton of price, is tliat1 ;
sufficient to justify Aw mterruptlon 6f tha
usual course ofjustice, to saapend.fhe pay- ',
ment of debts; rdf this cause is sufficient -when
shall we ever hope to find, an end " :
of the evil f A out foreign .tdhfereaa
settled ? Are they not now more gloomjr'r
than titer f,' and becausi produce does iiot ;
comraiind .former high,, prices, , are oui;
Courts of Justice to remain shut?- Ii it
depends upon the recurrence' of thegoldea '
still good,. J Here Mr." t-v enumerated the
prices of several articiisj .re thesel rl '
ces low? because some Hrticles, have suf--
nmes, wmcn have -passea away, pie 10 , v
terdict-may be -eternal. - A m m is never -
to jay his debts. 1 Are we Willing;to ad pt.'J.,,
this nliAoast ' this fatal alternau ve t . ' Wt t
must at spme time stopj- and when can wen 'J
hope for bcUertjihe thaw the present.'- .-. . '.',y ;
BVa Jorifrer delatou wtH only add M'
the original evil, r ;You are now accumula
ting,, .upon she top of a, precipice,, an im
mease Glacier that will, .sooner of Ittffri
fell 'Vith t tremendous ruio. 'Debtors wjlf "
become more improvident by repeated la
ptulgence.", Jetts. wWr-aUV. peC'rwuUt
andjien years heni,v surh will be tTfiSf im'
mensity; that' ohe common ruin yitt'-o -veruhelm
al who hjive accepted the deceits .
ful fciTjoura of dejay. M U' A -t
t It has been rthised to1 limit the opera
d6nof this proposed law to a time when tfo
next-Legislature might .not have the power
to continue it still kmgbiv But if this LeV
gislature U not willing to take the ,resp'on
sibiljtyof once, more opening the Covers pi v'
Justice upon itseiA can it be-expectea 'that-
asirffisAf4mr TiVtclufilMi ttrt 11 'Atwri r in Kanai ;
debtsshsll have accumulated whn Dubha si
H9UVI.O V . MVLIU1MUI 1t nui UU DU. IflllM .4 I
calamities may, perhaps be added . to pn.. T
vate distresses when the rights of 1 credi-" .
tort will be less regarded.' suid the claims. xi
of debtors encreasedV'-Then no aim. how t
pyer firm his heart, or strong 'ncrtisf ; '
may perhaps, be able to encounter the un" i
popularity,. oi1 , the 6ditim bf 'uch an afc.'i , v,
Vlnis miserable time-semi.tr DPlicv.v of .
shifting Ojihnour succe'ssoiS'the odhun ofl
remoying this interdict upon.'the rights of'' -creditors
will, unless it is pro'mpUy abiiti t '
doned, bring disgraceful rutn' Upon out" V
country,. If we aspire to'thedwacter of
natriots if wit ' with if ltfVa rtl-ao.aK ".
truly the friends of our country if we
"J serve tne people usetuUvt and not
flatter them.at the expetice ol their interestv1
let lift
i A ' " w" utjr , JIU111IP' .
lyjao that 9urselvcs, which some would a , if 1
sijm over, to be affected to mW-lS. -
IfBesides thegeneralimpolicy& monstrous Z-
iiimunui uu. vin,yi( is calculated tft n. '
pcrate with peculiar hdrdslvp upon orphan
and minors. You - are their guardians. - 'h
You 4ay their oronertv' ahaU'faanld'Al'.i'':t
leased upon credit, fol' which notes . are V.
taken and yet, , in the same, breath, yo
say t2ievshallnot.be rnlUrt-rt. 1 H ;.- J
wiey, to t . auppoted and edilcttted t ' I
know how much' many pf theja suffered
.! -"----'' - w w au v .,
suffered ' -''
d Jeaiy . "
be em ' i
S note-'" . "!
irom tne law ot the last session,- and
easily imagine how much they will
creased, py its continuiuvce. if was
nough that a dispensation of Heaven should'
j ... . .i. .. V ii . .,
uoprira ! uiem ot tneir natural guaruiana,
Kl . n-U . ' M . . .J J A A .!.! .m-H. 'I 1
depriving, them of the very means pf theit
T r'And ' wwnftipoes' your ;w benefit.'.,
Why, the dishonest debtor, andthe frauds4 :
ulent. unprincipled speculator, " You ehai
ble the last to profit bv the distresses of ihhP::t;
dUappointedi creditor. , and the' behiaveUV' i
orphan. iiTo aUtheiir6nerate tti'dP!:
ect oriaaeventuid iniunIt Ihtrodute' 'Wi,
aa evil which will ohlv faa ciMiito'ihitlie.''
m ? v . " . r-" ? . t-
1.
1
1 vaia ; ; 5. ,
posettii-. ."--J
1
11
i
u
v
.. .'A ''V'-i , " V -'"-' t' T -'V X' . '::'U ...n' ' :',.:
!.''jf