Newspapers / Newbern Sentinel (New Bern, … / Oct. 28, 1835, edition 1 / Page 1
Part of Newbern Sentinel (New Bern, N.C.) / About this page
This page has errors
The date, title, or page description is wrong
This page has harmful content
This page contains sensitive or offensive material
L..',liNL-p-:l1Cl ',))' !L- n J , .... 1, . I: - 1 ' y 'L V ' m. - . -7!-; j(f V TTMi : - , "IT'S. 'II I I . IS BX TIIOK Ai , i ' . " si a Li -Three dollars per annan' iy able in advance i - I -r ji 4 ' 1 nc VvonvptHion byjnrl legisttT. . iiNTION.1 t - Lyd article. Committee 4 of, Whole, Mr. JFihir'iQ the C W,' Judgr.d spoke aa"To.low8 v ' ' L Mn Chairman ' kuliar tsiiii which 1 am known h sini'i Villi . respeci tho Gaston tUNtion in question now under CQnsIdi 'on, uiq I the chi racier of the debate'.vliiih Jras alrpadyj jkei olace upon it. m;iv iT t IX7Ul si -fokfeider "it i in delicate ill! m. to inter ferJ-l But no ronsideratioii,"of il me from the full ai:d faitlfl uuiK's as a Lfeleg.ue ol UH vehtion. Uesidet, sjleiicr me to much greater tnis. most frank and fearless e;: ions. At all events; "the M which I am prompted Hy f by a sense of proprieiyl anM1 I must askithe patient nd V )d Committee aud, Sti, ;,jn t 7 1. juat situation to wiucli 1 permit nto to embrace ihisW; puoiicK ana imposing wnp and tho first fit viie lll u ha) make an e'i plaita 1 ioiij'? 1 1 Cat olina, of the cirf uinstt accepted bind continue to ciiil oflice : which they -hf confer upon ine, and 'whirl diMibt whelher 1 am const! iiold. I im not indeed an -cent citizen of. the State, 1 the puritv of niv motives o pneiy 01 :iiy conuuci, or 11 faction at 111 v course.1 Uu Cary ought to deter '. ... -IV J . iA ami n : opH? in tins -on-likely , -to subject (ruction than the, iiionof my opin- r is tne course to traction. Calumuiet are i(: of warfare jwiili religious factions ; and if I hae not slander; oil soon shalt due not on this subject if he. V to ination us well as ereiore is -it, that d attention uf this nee to the;, pecn- ij already alluded; lOriuniiy, the most ran Ue piesenteo, et bee'11 otfefed to People ufi North of every of his own 1 1 es unu exit er viii h I judi- beeii 1 me pjer sons ma on ally that al'ed Y lestiouiea the pro- f p e ssed d i ssa t i s - Is is aiir iijre of de- ordinary weapons Wfll lis ' poliijcal Oeeh 'assailed by unlikely that 1 ion is tiierelore quaUlieri to siny ne de- in question t 71 riti acter, honor. tier sons, henthl of but is to the vHiwaVs Wlnh the Sti lt is i reasons than uiat a plain case of rvi a my own character of the Stale, wh IMfUltCU III 1(111; IOIIIVI'. fhe vacanrv- occiirn a on at preiiie Court, which' was ofc; Soned 6y the death of iny'.eitelle'nt.TiinjOlV Jls,i'F1' "n"eIl son. I was .rged to accept I4 Vhe'ofliie by iim ivll.ili t r.uiml If inmriir p lf l'Pif needless to say moretol th's( Jin my itidifment theyinadrt)! duty not to decline tfio'ppifC ;nient; .oni'KS tin Consi.itution ex eluded' tne (ji j ibbejcjius. ofjiiiy kWliuious opinions, Tlat i stiiuiuif l had rt pevtedly sworn to errt,Hi ) Ihererore wiietn !r t did arididnot ' liaili'V jify melwas V se- nniit mixtion and well ivotll I of iho lullest con . At.Ti. tiiri 1 1 1 U notieasv iir a man 10 speak himself or of his ptintple egotism: ft will be enoug trained froib iirfanc tii wo to the usages, and icarefi creed of iw most a (attit of Christians in the world J . ! 1 1 1 . i t - f lure age,j 1 oeiioeraitiy em iiion. the f hh which had b to my mind by i m uernal ft trust. oUVnsue ostentation bound outwardly to ptbfe lieve. & am therelUrQan a .rA'twir t.f ilu ' Rorii Uniin '.Hxammlns the tomiL tton with respect to jf3jetjuberr fi-!of a relgi iis UM it i amiarent tdat tile sub-fc f is not free from difficulty. i n- uiu ni ji, nts fcium which is niade the baih M lhati Constitution, -11 that all men have k natural ana un .. . . . "- J . .. i: .L... .TJL ulicfiable ritzni 10 worsniii 4. 11 d must be considered as leaving unimpaired the right of the citizen to hold.'and of the country to confer, office. The People of the State have a right ' to the service of every citizen whom they think worthy and capable m serving them; aijd there can be no restriction on UhtxA choice, except such as they have wuquytocallij imposed on themselves.- Every citizen having un unalienable right that is, a right which he cannot part with nor So ciety take from, him, to worship Almighty God according to the dictates of his own conscience, any penalty or degradation imposed on him, because of the exercise of tbi right, unless plainfy denounced by the Constitution, must be regarded as a grievous wrong. . 1; "f '". k- 1 Etery 'part of this short clause who shall deny "the troth 6t the Protestant Religion" is to be" well consider -ed. U lr is obvious that the term deny does not include those who merely doubt. nor even those who disbelieve ; ulcus that disbelief be accompanied by some overt act of negation of its truth. ; To deno is the reverse of qfiirm, j not of believe . Many considerations of propriety and;of decency may induce air individual to forbear from deny ing that of which he has not seen sufficient evitlence.or to which be can not yield his assent, or that which on the whole he disbelieves. 'What kind of oveii act does tfrer Constitution eoufmplate as the denial .which is to urtng down this mcapcity j: Is the profession of a taiUit and 'the worship of God as held and pract&ed' by othcr than Protestant churches such a denial? If the clause justified a liberal and enlarged interpretation this might wen ue ueemeu sumcieni. uut uc nave seen mat ir hibition is to be construed stricllv. The. Bill of Rights has asserted In the strongest terms the right man to worship God according to the dictates conscience, and the' 34th section expressly prohibits a preference to any one religious church or denomination. It is hardly possible to reconcilethe first with a const i tutional penally for the nmple exercise of thaj right, or the. other with a monopoly of civil offices to the proles sors of the tenets of particular sects. Besides Society generally legislates not upon opinions but on acts. Wlnjre this clause means to make opinions a cause of disijualificalion it expressly- says so ; " or who shall hold relisious principlea. incompatible with the fieedom or safety of the State." In thf penal laws of England Hgaihst heresy the denid" (Sec 9 and 10 Ifm. 3. elf. 32) (is to be evinced by u riling, printing, teaching or advised speaking. ! Upon the whole it may fairly be in-t Icrred that the word deny, as here used, cannot he saiis- ned ny any thing short ol -this ouensive denial. 1 he Constitution doer not prescribe the faith which entitles t, or excludes from civil office, buf demands from alt who hold civil - office that decent respect for the prevn lent ! religion of the country which forbids them to impugn it, to declare it fafse. to arraign it a& au iuiposi" tion upon the credulity of the People. L " In the next place, who shall judicially say what is ' the Protestant Religion ?" It the constitution defined the Protestant Religion, or if the Protestant Religion were made the religion of thf country, land there were organized some ecclesiastical court or other proper tri bunal to determinne its tenets and to decid on heresy. there would then be the means 'of legally - determining what is that Religion.. But the constitution does not de fine it, nor has it been made the Religion of ; the state. Such a tribunal has no! been established, nor under the 31th article of the constitution can it be erected. In numerable sects, differing each from the, other in the interpretation of what all deem the revealed will of God some holding for divine truth what others reject as pernicious error are indiscriminately called and known as Protestants. But again, what is to be understood by denying! s truth ? Protestants have separated from the Cbthohcs, because as they alledge, the latter have ad ded to the Christian "eo.ue. fipctrint'S not revealed. vPro testants therefoie reject as error or" at all events as of human Invention, more or less of what Catholics receive as drvine truth. .iJnp there "is ;nv- aturntative doctrine embraced by Protestants generally,; which is not reli giously I professed also by Catholicsl ' The latter hold that the former err; not in what they .believe, but in what they disbelieve. i Tlir acknowledged symbol of faiiti in :irtj.Prottnt Lpiscop-it cnurcu in this country is. tue Apostles, creed. iJns verycreed is the orduiarvnro fessinr-of faith in the' Catholic chultetCSnT! as suchT is a bavu nour. ngap concern in her institutions and' m or by the law bf , I yield to nq one m the interest i wbjch Tfeel, that God because na power on earth can absolve nian from bis sworn obligation to defend that constitution or from his "duty to obey his great Creator. They do hot pracHcally differ where jthe instruction relates to a mat ter of local convenience irf which the opinion of the rna'- jdrity of those-coneern'edla of course the best c cms question should be properly decided. , : liut as an indvidual. I beg it be understood, that I am unterly indif ferent as to the determination 61 the Convention and the people, except to desire t hat t he constitutional provision may be rendered perfefctly eipIicir.- If itj be thought es sential to the good of the Slate (hat a monopoly of offices (hall be secured toil certain favoured religious sectsV let it be so declared.; He who now addresses you, will not feel a moment's pain, should such a decision render it his duty to return . to j private life., .Office sought himr-be Sought not office. ;.An experience of its cares, its labours and its responsibilities, hasT not endet tojiherease his at tachmenl toitJL Let him bnt know what is I the constitu tion of h is country, a nd lie it in hli judgment wise off lin f standing and ability, in his own case and hi all cases; up hold and defend it : So h hasiften siiornfld as he ac knowledges no power which can absive, So be v Holds that no inducement of , amhitiori-or , injterst can excuse him from the exact and faithfiiMulfilinent j of this oa'h. His only perplexity will le to JcnO wvvhnt course be ought to pursue; if the Convention Should forbeiir to act bill he subject. i Had he made up hi pwnmi!nd ph. this pint, he would nof at Utirnent reveal thejdeermiuatioii to tils nearest and-dearest frieiid oir.fr"I&t?4n f rutK,: lie lias eftdfnvnrrt ncfnnba nrigcihtof tn hide feVijfr, tin .li irn. self, the result to Which his reflections M ould seeihno J j-mt- iells him will be ipjurious to the State. conduct him in that event, i - -j h ? i eruption for deciding it. The debateable eround is, with resbect to those matters of where the public ic elf are ; is concern ed. The representative will here,' of course. ; be happy td think with his constituents will yield to their delibe rate opinion Very great deference-and unless he has a clear iconyiclion to the contrary, may without a " sacrf 6ce of bohicieUce believe their; judgment a safe iidc for his i conducti But; if be has this clear convict job to the contra' rysonie think he ought to obey the instruc tion, because he is but an Agent -ind fAcir will, nbtAi, ought to 'govern. Unquestionably this is not. rnyr opi nion: ;X hold that he is more than an'agen't he is also a;pemberbf a' body jtp" which the constitutibn has inr trusted hirn with tiie power of making, laws- that jthe decision is not a mere matter of will, bnt of cori ultajlion with his fellows-p-of deliberation and ' judgment-rind that within tha sphere of deWated power, every fane t'ona:y f bomdj.adawhat bo" venly believes the pub- h nw.upm .-m LriiU vtH.kV -mm waas waa - -j- w v .u OJtf WW; . m-U JaVw -7 J i -j. :.a.-ti L:J. -n iir i '.a t-- c? :k1u III if. 1 3. TV- man to soeaK i hout disgusting me to sav, inai Uoil according instructed in the numerous society yr ar lvai at ma- bed triwn cnnvic- f. Warty instilled in AViihotlt.as.I ihave. fjitmvscif hat I inwardly he ! fllr, Chairman, in the act . which authorises ! this Con vention to be called land which1 has ben ratified by , the peoplp; the Convention is instructed tuenjqme ' into-the expediency of amending, and isempoerd at its disere tion to amend the 32d section of the constitution. The first consideration which pfepehtsltscffi isidoes ' the arti cle reqiiir;ftmendment l'vOnhii'poinj h'ad.sjirfio:fIi until very1 lately, thaj a difference 6f opiuior eontdnoieicist. Par be it jlrbm me Wantonly to uiund 'fjuefeelingsi nfany gentleman, or Arrogantly set 5iaV: my i notions -of right as the standard byj which others Anght to be governed : uui w doubt nnth r lowed to call on rnv assoclales, indispensable, in, rn v judgment!' 'nere rav tonyictioiisr,aretiiorotign and wunoui , I my ilie permitted so totate ihem. ' Vliere the bt to desert it.. Sir. so ways repeated at Baptism come 'Within the description of the Protestant Religion 7 Do. Roman Catholics then of persons denying the truth Hut besides all this; before 5s the 'obligation oij fra ming some amendment to this setfion, that I should 'hold the Convention gnilty'bf an bnpSnnnbderelictn of duty, x ere i to adj irn and leawj the section untouched. In the coii rse of tin discussion, whicb has now lasted three days, the ablest members ;of this bqdy have stated their views' as to the meaaingl. and , operation of, the article and yet. tlcarcely iWoLof them! jiave; concur red in the same exposition One informs! lis that it Sex-. eludes nofrorfy that it ca,hnot fe interpreted to exclude any body -lhat for want bf h tribunaVtb- enforce, and expound .it,1 the : entire provision "is To dead letter as if it bad never been embodied n the instrument. Ano ther thinks, that it clearly excludes Atheists and such Deists as make a parade c"f their.tnfidelity, by proclaim ing the Holy Scriptures to be false A thid believes t hat it disqualifies Atheists. Deists apd Jews f that the Slat ter necesuinly deny the, divine authority of the New 'I'es tament and Deists deny he divine authority both of jthe New and O d Testament. A fourth supposes that these are excluded, and that it was Intended also to ex tude Catholics, but that the language is not : sufficiently xpti- cit to warrant a judicial exruisition to that effect. ; A fifth holds that it was not only Intended "to excludebut j by legal eonstrticlion tied that Quakers, does exclude t hem. L A sixth is sat is- Memnouists and Dunkards, are dis qualified, because their doctrine that arms cannot lawful ly be used in the defence of the country; is subversive of us very ireeuomand repugnant to its saieiy. rsome iiiiiik it will be a matter pffact for a jury la determine others, a matter of law, for a court, to pronounce; what religious principles are incompatible -wrththe treedom and silety ram- perfectly satisfied thaf this is the true republican doc trine, the onlj doctrine5 which secures to the constituent the best eferpise of all the faculties of his; representa tive, and holds that representative to a full accountabilt ly for neglect to inform himself, for haste, or careless ness iii decision, for error of judgment, as well as for wickedness of purpose.- But be the force of instructions under our constitution from the constituents to thcif re presentative what t,he rnay. l do most decidedly and so lemnly protest against any right of the people of one couo-ty in ibis Stfl te;;tb instruct any member f this con vention hoWhe shall perform' his delegaied functions, w Sir, Iromlwhomt'does he receive these functions what are .they a-nd to whom is he accountable for their exercise? - The voice of the majority of tho people- of orth Carolina, voting en vvasse. called this Convention into being, and gave to this body and to i every member in it the functions which they are to. I exercise. . ".The following propositions," says tho organic act, "shall be submitted :to the people for t h sir jasseut : or . dissent; the former of which shall he "und erstood by the vote " For Convention,", and the latter by their vote of 4 NofCon-? mention." I True, after the people shall have-given1 this assent; the delegates to frame the pro- Jmenllments are by the act, to be appointed by thv ople in the se veral counties. . Thi3 affords ' i citizens of. ? every county an opportunity of SeL lose whose fe lings and general modes of thinking t; congenial with '.heir; own ; and secures to the c i the advanta ges of a knowledge of the wishe sympathy with the wants of every section of thu , . 'But the dele gates ance appointed, they come as agents under the letter of attorney bf the whole oebole. and with instruc tions from the whole people. Before they ar6 permitted' to torm in convention, thesa delrcates- ere obliged to sweat that they will not transcend trie powers, nor dis regard the duties t hus required of them by the whole people. This act-limiis Jheir powers and this act con tains ? their ; instructions They shall frame -certain amendments therein pointed out;and in their discretion they may propose certain other amendments submitted" to their consideration. ,;Withtn these " limits, they! be come a consulting college. their acts have of ' them selves no force -their doings are to be submitted to the whole people, voting again enviasse, and if approved by Judge Gaston continued : I vas not aware bf that fact, sir.:- I bad not then the hoqo'r of the gentleman's acquaintance, and never having seen him since untif we met in this body, did not recognize him as the person to whose just and liberal remarks I then listened with so much pleasure.) He will pardon me, I trust, for ntiwjj xaaingine ubertyj of tendering to him my congratulfiK tion s on the honor, and high honor it is, of havirig been the fustipnbllckly to invite the attention of the ci tizens of this State to this blot in their constitutions! law.; . . , v.:;V::-;;;.:;-;i..tj-. ;..Lv. . - . Ifi the session of 1332, the advocates fof ConventrnT; . in the Legislature succeeded in having a,joint commit' tee of both i Houses appointed to report on the amend ments which it was, believed were needed in the cons.i-n tution. On exammatidn of the Journals of the Sena(e;J for that year, it will be seen that : a resolution was " in- troduced by Mr. Hinton, the Senator from Beauforft then a member, and soiqc time before, a regular minis- ter of the Methodist church, instructing the committee to enquire into i the expediency of expunging the 32d article. This resold tion passed without oppbsition.The' viiuiuhm:o reporieu a oiu, in woico uiv coniemptatea Article ' 7th." So jnueh " of tha section of the constitution, as provides that no per son who shall deny the truth 1 of the Protestant religioti: shall be capable offhplding any office or place of trustor profit in the civil department within this State, is hereby made void and of no effect." - This bill waa afterwards on its second reading,' upon motion of the chairman of the eommittee (Mrf Pearson) laid 'upon the table. The advocates of Convention", including the' four membera from Orange, one bf whom is now a delegate from thar ; county in this body, assembled on the 4th Jan. 1S,33, in this city, and resolved to publish an address to the peo ple of the State on jthe subject Of the amendments pro- posed ' in that bill k rrcommended to.the people to vofa upon them at the election in the" ensuing- August,' and, to the Sheriffs to miake a return to the Governor of tBo number of votes sogiven in j and appointed a commit tee of three personi in every county of the State to cir-' culate'the address among the people. .The county of i Orange was specially attended to on this occasion. Xlib : commthee fbr thatlcounty consisted bf four persons,, and jjjwo of these happen to be the very two delegates who nowrepresent that county in ' this Convention.- The address was drafted accordingly, and thousands of copies Wpre distribit)d throiigh "county coramittees.-r-'Vhis address is bctbfe ' rne, and I ask attention to sortio; extracts from it. - The address declares " that a large portion, and as the addressers believe, a majority of the people of the State, are dissatisfied-with the constitu tion of the State" t.hat jthe adJressers "are confident that- a declaration of opinion by thpeopIe,fbr brlgtiRtt a change of the constitution, will be received as inslruc ions" by the next General Assembly ; and that 'Unor der to remove the objections of some,'to defeat the pf( tenecs of many, and operate n si a recommenda; ion to ail, tho advocates fr Convention baye put forth fox dis cussion the changes which are demanded." ' Again, "a remedy for these evils is neither difficult nof dangerous; By your votes at the elections in : !Auguat, pronounce vour determihationupon the question, whether a chano inee'ded in the costitutioni Thpt expression of your will b?ing sent to your representatives, they will. Bo bound to provide a remedy or pass a Jaw by which you shall be enabled oefiect it yourselyes? To the copies of this address arejannexed the amendments contained in the bill before mentioned, and among others the.7lh Article is recited ai full length. H Nor is IbiS all. The addressers parti'tuldrl call the Attention' of the people bf the StateWhile not a few re 'inclined to hold that .T Wl ",ul uie" amnoruy ? vue luWineratibri. I quote-lheiranguage. "Inthe32d the Legislature mav: lit this resnect, deOneS what the con- l0??! ? stitution hiurleft.vigaeirtid.oncamvrlfsb uo rfW- .Jj"' ly TcnownTtolu., that the first men of the legal professiun, j"? :-of thff whole, dare to give instructions, cither,re- out of this Hal the first for kiiowledse and purity, ot - "py'w."."u'g tweuwcmiou 'oe character differ also in IheuTiwposjt iiir3 tjorrrerrrton i3 assemuieu io revise constitution, and the people call their, section, and submit to us the propriety o that hereafter its meaning may be understood. W bales-1 theirs unfettered.' 1 here can be no arrangementf-no Article of our constitution there is an odious restriction' upon consciehceTTiy Protest unt faith.' We are Protestants and therefore wo cuu nave ,lvjsonaiiniercst in inc aorogauon ot this iftnrgijnRj priujjt ,x." ; " ' vr3tyv -' orus, - at this day. anu amend the uou.pai.iou. wum cb can i mus to 0fTer arjrnments in favnr f liW..t fnJ..; t f ' attention to -this tie op the understandmg, conscience and will oftheif ho - and beUeve It is tQ a free p'e,. f ftn amendmir it I delc?ates. it is a fraud on the other . cnnntir.s whri liavn t ' . I . Z " V T5i I . - edi though tmvor- Catl olic Church. or the btate atllV voi accor- din? to tlicj dictates )of MlMtjuAtf Consciences anof the 34h iectiort bf thjnstiintip A. no estauiisiitneni t- - ' 2 . ' i .-'I nomination in this bther." But while; nortect .1 . ' t A 32 J seclioti of the who shall the Pro miplate o man truth o rinciples incdniiii lie with j iafety of the SiLl shall U authority of either or who shall hold the fiee- le ratable the RevoiotioC Roman Chatolics laboured in the mother country and in the cofonie- under grievous political and civil disabilities , and were moreover kept out of office by precise oaths. rejuired tq be administered to publick officers, which they could not tke. These disabilities were attached to them by plain: and positive wordj. Tliey were called by the legal nickWiaine of Papistsatid Popidi Recufants. At the Revblutiqn, the principle of Religious Freedom was proclaimed as the basis of the new constitution.1 If the odious proscriptions against this class of Christians were deliberately intended to! be retained, oh renewed, it was nalural lb expect that the test oaths would also he retainedor that this intention would ' be expressed in unambiguous language Before they shall le regarded the victims, ot religious intolerance, and degraded from political rank, a distinct expression of consti tutional law ought to be required. ; !, . Considerations like these, sir,, brought me to the con elusion that whatever reason there 1 was to suspect that this clause might have been intended by some or more of the Congress who framed IHe constitut 'on, to impose political disabilities on Catholics, the clause could not be judicially interpreted as excluding Catholics, as such, ironi uuice, iiip uiuguiig4iseu uuucaicu sucu , sun flict t between prejudice and principle, as rendered it '- l!!. -II- .? I I J ..- J. : impraciicanie io aujuoge a cienr victory iu eiiuer. pe . nal provision against a portion of the freemen of the State ; a disabling provision agaihst the whole community it itsse lection of civil officers ;. penal and disabling provisions be cause of religious opinios, Which it was an unalienable right tapnssess.arid to follow out in practice; could not, 1 thoiinit, be upheld and enfon ed, unless clearly and definitively declared. The question-was purely one of legal exposition, it involved the construction of a writ ten provision in the Constitutional flaw of Jthe country. If a construction bad been settled by judicial tribunals, thai must be deemed the correct one. If none had been 50 settled;, then the construction which judicial tribunals. must attach to it according to the 'fixed principles of-Ie gal jtlterprejation.' must he. taken by all f be the tnie construction. Private conscience was concerned so. -far as nof, to violate thelawV But what the law was con- cose,- what apology, what pretence can be assigned;. for giving me go-oy io mis mannesi uuiy i lh is a ruie oi action prescribed by the soverrign power &. commanding the respectful obedience ot all,- within its! sphere. - 1 he very nature of such a rule irnnUes that it sfauold be com municated, and of:Course rendered intelligible to those who are to be bound by it. That master, must be ; the worst of tyrants, 4vh purposely declares his toinmands so as not to pe unaerstoon ny tnose suojeci to nis win. Perhaps nothing has more effectually consigned J the name of Caligula to undying infamy, than the tact i re corded of him by Dio Cassias, that he wrote his edicts in a verv email character and huns them up on high tiillars. purposely to! ensnare the people.! But still by the use of extraordinary means, these couhtbe read, and when read, il la presumeu mey iniguiiie uiiutiaiuuu. nuiiiuuuigciicc, no exertions, can enable the peoiie to understand what is not designed to be uride stood, and is therefore couched in words without dehued meanini A command sogiyen; is in an unknown tongue, and' tl Lexicon, by w Inch it is to be lranslaled is withheld If, however, perspicuity be required in a!l laws, so that n tionally fail in it without guilty how emphatically it i4 not demanded in a Constitution the charter of all delegated noivers-r-jic palladium, of all re nrnvides. that tliere Slia of any religious Church or Stale, in pielerencej to anr these provisions seem to cw eaualitv ot religious tests, r!nnritiition declal-HS lb deny the being of Uod, or .'rot:ini KniiPion. or me ui iKrt Old or! New Tesltame religious princi dom and iafet of holding any onice or plffau of trust or prMit, in J science oould dt dectermine, nor, even- private reason ...a t ,1. " ? . t '' 4 '' O j A -ll I a4aatli4k 0 aTasrlalt aIiKaI On r lul 1 Jit Afiieof oilill OMtWolltr the civil department, wuuiii t.its aiaie. - s uu i ---v., ... u. ttc uiHVM j. . i-i i . - nuit.. or stir.h us mnt result from tht nilf univopcaltv . A . .1... fi. i - ' "u 1 "-.I W i "L observed by judidaltribus; I Mayj without Impro- hs declarations emanaUd ron the same same out 1 u j t... s...i:ti .tt...i- thority and t e SJme S11? U wa P oper, u prietv addt that on a q'uestioii where I was, above all; . . - .1 ! i' I . I I - : M lllbll onstruction ...ttl. a.kIi .kltm' , milt cavil wfcuw.j. so expouudrd,1 the bites from In Idiiig i i .i . -1 ' tiosiihle. to eive. to tiiem i ; would tender them consise !riie enquiry was, wbethjr rVnttitutiun did Drol This cndulrv I (had recently I had an occasion to prOsecute,i; J the, request of a vCatholie lriendfwno receile publick employ ment, witn much carl andjf th an eartiest desire tn rnm to a correct cOnclis.Jn. The; result to wbtcli tnen arnveajwa uc on rn-e tamitirtUoh, fitlly B.ij Not long alter the grett scht;r christian church in fie le. iceit ' was used to designate all thos 'v tians. which, however divided f separated from the mainbody be called Catholics or inenalei i' t gnd because ot their rerai'.aio of Koine as their Chief Tstoc k alto called Roman Catholics. 1 ) law-maker can . inten- fundamental Iaw-4the final action unless these, the uninstructcd delegates, the delegates with full powers: give in to the viewfe prc- scribed at home to the instructed and partially crhDow- ered delegates. An interchange of opinions, consulta tion, discussion, are tiseless, when whatever may be the conviction which these may produce; the convinced are Kntinit tv a rat nnoinfif .nt.inti ..v. Al-.. .... 1 . ...IT. of instructions from their constituents, plh?r than the great and ; commanding instructions from the collective body' of the people who gave this convention being, and for whose weal or woe j we are consulting under the most sacred and awful obligations, it is but a proef. that they db not elevate their minds aboVe the ordinary range of every day legislation;; Ours are not local, nor tem porary provisions, called for by the emergencies jof the day or the convenience of particular sections of i the Slate, but universal constitutional ordinances, which once adopted, are incapable of change, save by recourse to the fountain of original sovereignty. 44 S'urstim cor da," (elevate your hearts, is the address of our country to us before entering on this solemn office. " Raise-your affections, raise your; views, high above tin. interests, the excitements, the passions, t,he prejudices of the pass- every thing should be. si capacity, that lie may eedoai . he has parted are bis privileges, and commands which it is which he would be ai f idual within the Slate those Who should 'Vdeny i th V Religion," might have ; bcinj i Moman Catholics, and tt 8--'pr tnora likely by the consid ,ratib been settled almost ext. Jsivt time when bitter reUgiotn dist ' vailed, ana inai inese prej joit when the constitution was in Mixtion was part of tha ttritte land, ana ougu -wpif established rules qt legal inteV thest, oolns it cootaiCva t i ... i. . reexaminedj and i ' i which arose in the r, the terni Protestants nominations of cbns- jong themselves, then bile these claimed to i the Universal church. union with the Bishop d - visible bead, were ie clause disqualifying 3th of the! Protestaht tided to ncirpacitate tion was rendered the Sat North Carolina had by ' Protest aiifs. at a i andf prejudices pre- )ad not lost their force, J. But the clausa in hdamental law; of : the Vccorduag to the , wall tation. According to arv disQTialificatrbn, it ! . i soHcitious to have a clean conscienc e I was not govern ed by my own views only, hut sought the ablest assistance that I could obtain, and that 1 was; confirmed in these conclusions uy ine mgncsi icgai uuinuruies, uoin vninm and without the State. j I . ii ! Bad the office been sought as a mere matter of person at ambition, I might have deemed it safer to forego the gratification, rather than to- risque! n possibility of in fringing either the letter or spirit Jof the j constitution. liut, under such circumstances, to decline an omce which my conscience told me I was bound to, take unless dis abled by the constitution, appeared to me an abandon ment of duty. I bad no well-founded scruples myself. To be deterred by the apprehension of what others might think of my conduct, seemed to me, ranK cowardice. Besides, if from any mislakeu motives of delicacy, I could have consented to impose an interdict on myself, .- ought I by Such cuhducf to have practically aided in interpola- ling inio ioe coixiuauun a pruitiouiun, wdicd i Dia noi believe it to contain t a provision insulting to the feet ing anu injurious io ine nguis ui u niriiun ii my leiiow citizens hostile to tbe principles ; of Religious freedom; and abhorrent from all those sentiments ot liberal tolera tion", which, at this day, belong to enlightened christians of every denomination, i My course appeared to tner a plain one. and therefore I did not! hesitate to 4persue it. 1 1 shall be gratified r if my - country approve of - what I have done but 'whether it does or not. I have tbe con solation, that oh mature recpnsideration, my . conscience' does not reprove me for taking thi office which that country, with a fall knowledge of all the circumstances. thought proper to ofier to me; ' f ' " L v One more, remark on what may be regarded as the I personal part of this discussion, and I shall tben cheerfully I abandon it altortther. J As o citizes si North. Carolina, served rights 7 Here, if possible made clear to the man ot the plan know how much of his natural with, whatjara his duties, what hbw he may distinguish between treason to resist, and oppression miscreant tb endure, hvery ind Is bound, at the cpst of the last dmt of his treasure and the last drop of his blood, to uphdd and sustain t hat con-; ..r. 1 ?.:' ill - ; ..Ii1 'i i , 4 smuiion atiu wu you purpose it leave u unin'eiugiwie i bvery officer, trom the highest ti the lowest, is required to fake an oath that he will sntbort, maintain and de fend thar constitution; and willlyoii intentionally ii and advisedly leave ' clause in it, havtig no distinct meaning. wnef e you reiuse tooeciare yr if. meaning anu ynere you know that vourmeaning i not understood in. or der to ata rm' tiinld, or to eusn re Unenligh'tencd cons scijinees I . S ;.; ' -L"':;r b tf Here we have been met by an jhstatle to all enquiry, and of course -td all action, ioterj nsed by the gentleman from Orange (Dr. smltb.) ' He iijforms us, (hat from some occurrencejs which preceded the lelection in his county, which he does not particularly exiilain. and because; the choice of the Pebple of thal..couiny. fell upon himself and his colleague, he cotistders-thereiple of Uranee as ha ving tmfruced their Delegates not to take up thrs subject. Sir, I must be permitted to dent that any such instruc tions have been given, and. Jo tall for the - document w hich authoritatively certifies thtu. 1 wilt-not coufound clamour however got up tempoiraiy excitement ftopU ar feeling, more: or less extensive with deliberate In structions, I take issue with the teiitleman on the fact ot instructions, and demand the drool 1 do so the more readily, because, the People of (.range are estopped from giving such instructions eaniiolmve them, without a disregard of the most solemn assurances; and without bringing down on themselves a dishonour which j they never, never wui incur. . . - " 1 ' 'I With many a politicianjthe whole doctrine of instruc tions is but a pretext for shunning responsibility,' and shifting with every turn of popular caprice. Supposed ine moment and the narrow circle around ytu. Con sult for your whole country ; consult for your country throiigh alj time and swear before God that you will do this faithfully. ; . -. i . '; - I : ; . ' " But ft has also been stated by the gentleman from Orange,' ds a reason for declining to act on this subject, that .the people in his section of the country were sur-prised-at discovering a propositiohr to I amend the 32d section, in the convention act ;- that they have not had time to think of it; are at a loss to conceive how it ever crinq consciences ot. others., It in gross oppression and an undeserved 'imputation agairf-r the patriotisth and publick virtues bf the Cathodes ot North Carolina, to preserve any longer this badt otinr father's prejudices. IThej article itself is in conflict witb oiir bill ot rights, wjien it declares that all men have' a natural and unalieitable right to worship Almighty God according to the didttes of theiri own conscience." Again, sir, the address proceeds " When Ireland hmr won a partial jesterailbn of her rights by. the removal of I an odioiis restriction upon, her Catholic people,' we wif- X nessea a now ot geaerous gratmation from the hearts of North Carolinians, and will thej turn from us with in difference when weremind them that the same hated ty ranny over the consciences of Catholics is sanctioned by the very charter of! thei liberty ?, This is certainly strong ;nd plain j language, and what was the air- swer made by thos4 to whom it was addressed? Frotir the tabular statement submitted to us by our committee, it appears that 9,505 of the freemen, thus called on by' this address to instruct the General Assembly intela- - . l" .-.I 'J . . ... ' lion ip me proposeu amenamenis votea ivye" a num ber exceeding by 1 j&5 that of, the whole number of freemen who called! the present Convention. What was then the declared sfutiment of Orange 1 Sir, 1,700 ofi her freemen voted 3ye, and not onr, Nb! Ilere waj a specific ceclarationgiven avowedly as instructions. In consequence, at .the session of 1S33, '.the, General Ji.s sembly undertook to prepare a svftfufe for the existing constitution, framed in pursuance of. these instructioiVe, and to.be submitted to the people for their ratification. In the report accompanying the bill, the committee clay "they recommend jthat the 32d article of the constifu tion should be abolished, fif least in parti if not altoge ther Its spirit is i6 Cooflici wtth religious freedom : it Jr s ' 1 - f 5 s a. a a .... - ! came to be suggested, and : are apprehensive that there has no pruclical us ; and it may be conuidcred a tncro mav tie., some., insiaious uesign connected with tnis a mendment which they cannot see. Sir, that this repre sentation. may apply to'a portion of the 'gentleman's neiglibpraas probable enough. Tnerc are sonic few in every curb m unity, who scarcely know auaht of . what is ' passing beyond the narrow round bf their daily occupa- Hons, ana-io wnom public intelligence ot every; kma howergeeerally known to others, comes with the im pression? of: novelty,. But surely! this representation cannot apply to any large portion of the people of Orange, or of the neighboring couattes nor to any who can be supposed by themselves, of believed- by 'others, to becapablQ of imparting instruction to tho delegates in this body. ...' - The amending of a constitution business, nor the subject of every This is the first opportunity in-' sixty '; years which has been - presented": for '-reforming ours ; but since I have known any thing of publick life, it has seldom been my lot to meet with ah intelligent individual at any lime, or on any occasion, wnen me question oi aucn a, i rcrjrm was talked of, who jdia not take it for granted, that this offensive and disgusting article was to be cithers Oblite rated or modified .- Suffer me to advert to a few; of the most prominent and efficient publick movements in re lation to a Convention, and to shew how uniformly an amendment of the constitution in this respect was con nected with these movements. In .1823, there was a is not an every day day conversation. instructions furnish a justification, or at least an excuse, f meeting of a number, of .respectable gentlemen ihj this for every act.;; If be has erred,. it was because be thought l-city held under all the imposing forms of ' Western he waa instructed. He now finds that he is instructed otherwise and he will certainly ireverse jwhai he has done amiss. "Change as y list, ye winds," he i sails before tbe breeze. But there are men of unquestioned Convention." 1 occasionally witnessed its delibera tions, and was present when a motion was made to ex- punge the 3za secuon, as nostue to tne principles oi re lisious freedom and unworthy of the liberality pf the general concurrence in tnese sentiments j was integrity a'lid independence who differ in opinion aslo I use. - A i the just force of instructions undo- the Constitution. I expressed, but the motion was withdrawn at the sug i nattne people nave a rignt to assemDie togetner to in- i gestion oi me jrresioeni oi ioii oooy vir. i ucj; mil struct their representatiyes, ii solemnly declared by that instrument : and this declaration would hot have been. inserted, if it were not considered that the instruction, when given, was entitled to respect Alllagree in this: but thev differ in definin? the limits within which such instruction is practically obligatory. They concur in it was foreign from the obiects of the Convention, as a, Western Convention. The motion, I -well remember, was made by a gentleman of the same name with, and probably a relative of one of the delegates front; Rich mond in this Conuention. . m ." i 'r - Mr. Harrington here roseand stated that he wasthe declaring' that it cannot he obeyed wherp it directs any ; very individual who &ade the proposition, badge of ancient prejudice, .which however excusable in those who first ehgraltcd it upon our constitution, is unworthy the present age of enlightened liberality.". : This substitute wholly omitted th 4 provisions of the 35d ; section expunged lit" ib fact altogether from the new constitution of the fouutry. On examining the Jouru'sC of the Senate, it wj bevfound that amotion was u-.i.Z to iuserf it in the substitute, and this motion rrjectcxi tiy : Yeas and Nays .yes 23, NoCs 3S. A modUicatioii bf it Was then proposed, omifftn all those parts. which re-r i lated to the denial f the divine authority cf the New or Old Testament and of the truth of the Protestant reli gion,' and this was accepted by Yeas and Nays, fifty voting in the affirtnlitiTe and nine in the negative. The' substitute thus ' modified ; ,w'asjrapporte4 by the ,'nflrc" vote of the Western counties, including the county of Orange, but was defeated by a majority of three ! votes. After this, a bill was introduced into the Senate for as- curtaining the sense of the pebple of North Carolina re lative to a Convention for amending the constitution! which bill recites that it has been represented to the General Assembly jthat it is the desire of the people to reform the constitution in certain specified particulars; and among others, ? 'f men if Ar 32i .section" thereof and that the General Assembly feels itself bound to pro vide for carrying this well into effect; authorises a vote to be taken at the polls'whether a Convention shall be call edlb" consider and amend the constitution aV proposed. This bill was supported by the delegation from Orange and of the entire West, and.passcd the Senate,' but nae lost in the House if Commons. , Thereupon, another publick meeting was had in this city of all the friends, of reform, including the four members from Orange, at which certain resolutions were moved by yoir sir,, and. unanimously adopted, by which this rejected bill was' tb. v belaid before the peW accompanied by an address to be prepared by; a committed of five, explaining and eh forcing the objects of the bill. .This was dune, and I have now before roe the address thus prepared by the. committee of fiver ohe of the,m a distinguished, ARitj man of the county of Orangey and suBsVA'ded by tbejn as the organs of that meetAig. The bill is annexed o' that address. An apperj is thus formally taken ..from7 -tbe LegislituTe to the feople, and those who matt ! --vi VI i I 1 J it i
Newbern Sentinel (New Bern, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Oct. 28, 1835, edition 1
1
Click "Submit" to request a review of this page. NCDHC staff will check .
0 / 75