ATT
- GIZECH OF
- v i f - pursuance thereof j jind:;nH treaties? made, orj
CHAMAir :t l hoiie that the resolutions Svhich 1 had .'if :whiclihaH be nadej under the authority of the Unile4j
wtairs, 8UOU w uq Buprpmn law 91 ine iana ; ana; tnei
Jiidgeis ln every State shall be hound tfeerebjrany tbing!'
111 the Constitution or laws k ot aVyfStafe to the Qontraryi
noiwnnsianuing. 1 , 1
&3
that the resolutions vhicb I had
: honor tojreport.iri behalf of thpjoinelectmraittee,
; novyaodi6edtroaybeall
:vreveff the last resolution in which Idootcbncufri;
I hope, sirVthat the trc
r.r,ifte will no vW adopted as an amendment. These
olutons afiirin doctrines tbat I donot believel!-l
-The first 'declares that ;thexpnsitut1oa loll the United i
tates s a compact betwefn sovereign and independent .
. tates and, the powers not therein, delegated are reserved
the State xespecUvel f -V')'.
: "3rd,;The Senators and Representatives, before men
tioned, and the members of the several State Legislatures,
and all Executive and Judicial officers, both of tbe United
States and ot the several States, shall be bound by oath
or affirmation to support this Constitution."
Mr. Chairman, with these Drovisions in the Constitu.
jion, ratified by the people of the several States, can it
ucM-nousiy contended that this is a mere compact to
which the States alone in their organized character as
Stales, are parties and Hint the people are not parties ?
Or can it be helieved that in all this there is only a pio
mise of fcach State lo abide by the laws as long as it may
if dsiraD,e to hem and no longer?, Is it tiot clear from
the Constitution itself; that it was intended to vest in a
General Government ample powers for all national purpo
ses and within the specified purposes and powers to make
it as absolutely a government as the State organizations
.constitute them governments forthe. purposes for which
they were created aud retained by the people ?
Yes, a granting afid "vesting of powers in a national
government with specified powers, and in which the peo
? pie of each State have an interest, and of course only to
be amended or altered in the mode therein pointed out
and agreed upon.
The people who formed the State Governments, res
pectively, also ratified this Government lor the United
States., Intending to retain to each State the sole and
exclusive power to regulate their internal affairs they in
tended to vest in the General Government a power, equal
ly exclusive, to regulate their intercourse with foreign
nations, and to execute other special purposes. Each was
designed in its own sphere, to perform its appropriate
functions without the aid of the other and without en
croaching on the other both having a common constit
uency, the people, for and by whom they are respectively
established in the mode provided in the respective. Con
stitutions. ' ,
That the ratification of the. Constitution was by fhe
people, is clearly established by the proceedings of the
Convention of this State, which is in these words :
'Besolved, That thisConvention. in behalf of the freemen,
citizens, and inhabitants of the State of North Carolina,
do adopt and ratify the said Constitution and form of
Government."
Yet, Mr. Chairman, we are asked to adopt these reso
lutions, declaring that "the Constitution of the United
States is a compact between sovereign and independent
States, and that all powers not therein delegated, are re
served to the btates respectively.
While on this part of the subject, Mr. Chairman, allow
me to call your attention to the ninth and tenth articles
of the amendment to the Constitution. The ninth is in
these words :
The enumeration in the Constitution of certain rights,
shall not-be construed to deny or disparage others retain
ed by the people."
The tenth is in these words :
'The powers not delegated to the United States by the
Constitution, nor prohibited by it to the States, are reserv
ed to the States respectively or to the people "
Why do the minority of the Committee, in drawingthese
resolutions, exclude the people from all participation in
the adoption of the Constitution and in the reserved
powers?
The ninth article refers exclusively to rights retained
by th-. jpeople ; and in the tenth, alter reserving rights to
the States, "or to the people" is added, lest it might be
supposed that their rights were merged entirely in the
political organization of the States.
Mr. Chairman, I am not left to my own construction of
this Constitution, nor to infer only from its provisions,
what was meant by those who formed it ; though, it ap
pears to me, that a difference of opinion could scarcely
exist as to many of these plain and express provisions
which are now called in question.
But. sir, fortunately we are not at this day left with
out other lights on this subject. This Constitution has
been expounded by its first tramers and advocates and in
the main these constructions have been uniformly adhered
to ever since.
The construction placed upon it by Mr. Madison, as
further explained in his letter to the North American
Review, dated in August 1830, and which has been read
and so fully commented on by the Senator from Guilford,'is
further supported by the opinion of President Monroe, in
his message of 4th of March 1823, from which I read an
extract:
The Constitution of the United States being ratified
by the people of the several States, became of necessity,
to the extent of its powers, the paramount authority of
the Union. On sound principles, it can be viewed in no
other light. The people, the. highest authority known to
our system, from whom all our institutions spring, and on
whom they depend, formed it. Had the people of the
several States thought proper to incorporate themselves
together, into one Government, they might have done it.
They baoVthe power, and there was nothing then, nor is
there any thing now, should they be disposed, to prevent
if.. They wisely stopped however, at a certain point, ex
tending the incorporation to that point, making the Na
tional Government thus far a consolidated Government,
and preserving the State Government without that limit,
perfectly sovereign and independent the National Gov
ernment. Had the people incorporated themselves into
one community they might have remained such ; their
Constitution becoming then, like the Constitutions of the
several States, incapable of change until altered by the
Will of the majority. In the institution of a State gov
ernment by the citizens of a State, a compact is formed,
to which all and every citizen are equal patties. They
are also the only parties and may amend it at pleasure.
In the institution of the, government of the United States
by the citizens of every State, a compact was formed be
tween the whole American people which has the same
force and partakes of all the qualities, to the extent of
its powers, as the compact between the citizens of a
State in the formation of their own Constitution. It can
not be altered except by those who formed, or in the
mode prescribed by the parties to the compact itself 7-
. This Constitution was adopted for the purpose of reme
dying all the defectsof the Confederation ; and in this it
has succeeded beyond any calculation that could have
been formed of any human institution. By binding the
-, States together, the Constitution performs the great office
of the confederation, but it is in that sense only, that it
has any of the properties of that compact, and in that it
is more effectual to the purpose, as it holds them together
by a much stronger bond, and in all other respects in
which the confederation failed, the Constitution has been
blessed with complete success. The confederation- was
a compact between separate and independent States, the
execution of whose articles, in the powers which opera
ted internally, depended on the State governments But
the great office of the Constitution; by incorporating the
, people of the several States, to , the extent of its powers,
into one community, and enabling it to act directly on the
people,' was to annul the power of the State governments
to that extent, except in cases wucro mry were w-ur
rtnt, and to preclude their agency in giving, effect to
lose of the General Government, j inc uovernmeni 01
lie United States relied on its own means for te execu-
The
7ill.
second resolution declares the right to secede
at
LIr. Chairman I regret the Introduction of these resolu
lons. 1 was anxious that we should adopt such resolutions
:i we could al unite in passing and could stand on herfi'
-The three first of the resolutions of the majority of the
3bmmittel believe every Senator on this floor will vote
.or ' and I had hopedV that we should present an undivi
led front. ,- The majority declare our attachment to the
Jnion and our ardent desire 0 preservevit, declare1 onr
rights under, the constitution and eur 'deterfcnination .. to
maintain i themiirbeylso declare a willingness to ac
luiesce I In i the compromise acts of Congress passed at the:
Bfc'piv the minority insist 6ur add ingtheir resolutions ,
;cntaniog the extraordinary doctrine; that the constitu
ion of the Ufnited States is a mere league between States,
to be determined at the will of any one of the
states .?- '- nY'vr : -, '" v
"i'AjMjn the argument accompanying their resolutions,
.hejtniirity lay 1t down that this fight to secede was
undoubtedly intended by the framers of our theory of Gov
ernment as the great safety valve of the union. A safety
valve, trulyJvTbe right of Self destruction and to put down
ihe whole fabric, a safety valve 1
; -Mr. Chairman, I regard the doctrine of both these reso-.
lotions as being at war vvith the constitution and destruc
tive of the very objects that it was intended to secure.
rye'are called upon to expound the constitution as it
island i not I as each may think It should have been formed.
i s. With a -view to arrive.at a just conclusion as to the
rights and powers under this constitution, allow me to call
the attention of the committee to a few of the provisions
of the ijnstrumentitself.the mode of its formation and adop
tion, abd Its cotemporaneous history and construction. '
: I heed not remind you, sir,, that one great evil amongst
OthersTexperienced under the old articles of confedera
tion, Vere that it was a mere compact arhongst the States,
having no power to pass and enforce laws ; could not act
on the people of the States but had to rely on the action
of the States to carry out the recommendations of Con
gress.iThat each State claimed the right to judge for
itself and agree to or dissent from these recommendations.
That itiese differences of opinion were destructive of all
harmonious action and created sectional jealousies fncon
sistentwith any efficient administration of the affairs of
the confederacy. To remedy these and other evils the j
several States sent delegates to meet in convention to
prepare and submit a constitution and form of Govern
nient for the United States This convention met in Phil
adeiphia in November 1787, and after mature delibera
tion ftnd much discussion, agreed upon the constitution
which was reported back to Congress and at their recom
"tnehdation was by each State submitted to a convention
of the people ofthe State. The several State conventions
met in their respective States and. ratified the constitu
- tion at proposed some of tbem recommending amend
mentd that were afterwards adopted
' Nowi allow me. Mr. Chairman, a few minutes, to ex
amine! the constitution, so formed and adopted, and see
what are its provisions that we may judge whethet it
be a mere league between States, and that we may see
i if it be conditional and can be abandoned at will by either
';' of the States. It begins and runs in the following words :
I" We. the people of the United States, in order to
form a more perfect Union, establish justice, insure do
mestic tranquility, provide for the common defence, pro
mote the general welfare and secure the blessings of lib
erty io ourselves and pur posterity, do ordain and estab
lish the following constitution of the United States of
"America."
h Here, Mr.Chairman. we have a declaration of the pur
. pose of the convention and of the people of the respective
States Now. allow! me to examine some of the provis
ions of the constitution' that follow that declaration and
f tee if they have not precisely provided for each and all
of the objects specified. The first article provides lor nnd
limits the Legislative department of the Government-
The Senate being composed of two members from each
State, large or small, and appointed by the Legislatures
i-ir iir -the State, eaual renresentation. The mem-
bers of the house of Representatives apportioned amongst
the States according to population, (including ihree-fifibs
of the colored people) represent the people directly and
are chosen by them. .
. Congress thus organized is given important and exten
give powers : l
Congress shall have power to lay and collect taxes, j
. &.&c r: - ' ; 1
:j(Refer to 8th section of 1st article of constitution.) -
The second article provides for the Executive depart
mehtand prescribes the powers and duties of the Presi
i dent. Among other powers it is provided that "The
' President shall be Commander in Chief of the Army and
Navy of the United States and of the Militia of t bTse ver
bal States, when called into the actual service of the Uni
l ted. States." ,
'rXgS-He shall have power, by and with the advice
and consent pf the Senate, to make treaties, provided two
thirds of the Senators present concur; and he shall nom-,
inate, and by and with the advice of the Senate, shall ap-.
point embassadors, and other public ministers and consuls,
Judges of the Supreme Court and all other officers of the
United States whose, appointments are not herein other
wise provided for.' -j
And again He shall take care that the laws be faith-,
' fully executed-
By the third article it is provided that "The Judicial
i power of the Unitedtatesshall be vested in one Supreme
Court of the United States and in such inferior Courts as
the Congress shall from time to time, ordain and establish I
The judicial power shall extend to all .cases, in law and
equity, arising under this Constitution, the laws of, the
United States, and treaties made or which shall be made,
"nder their authority to all cases affecting embassadors,
ether public ministers aud'consuls : to all cases oradmir
al and rnaritine jdrisdictine, to ebntroversies to which the
TJ-'ifdLfates shall be a party; to all controversies be
1 - two or more States bet ween a State and citizens t
. State between ; citizens 01 ainereni otaies ;P
citizens of thesame Statejclairning land under;
, cf dillerent States, and between a viate or tne
-thereof and-a low
" : : - is limited and - explained bt6eTeie vent h
3 amended Constitution; which declares ;hat no
tut p;ct n Ftt! by citizent ol another
. t 1 - V
i
execution of leihcs : tbtliVovernrnertts havmer a common
origin or BoyereignTfeople ;;the Slate governments,
the people of each State, the National government, the
peopleor every State, and being amenable to the pflwer
which created it.- It is by eecutingits functions as aJ
goyerhment thus originating and thus acting, that the
Constitution 6ftbeUnite4States holds the Statstogeqier '
and performs the office ft a league. It is owing to the
nature of its powers and the high souyce from whence
they are derived, the people, that it performs that office
ibetter than the confederation or any league which ever
existed, being a compact which the State governments
did not form, to which they are not parties, and which
executes its own powers independently of them."
Mr Chairman, these able expounders of the Constitu
tion are quoted with approbation by.Judge Sloryin his
commentaries on the Constitution of the United-States
He, like themselves, was aleading Republican. He fur
ther maintains that even to admit it to be a compact, to
which the States are parties, it does not follow that a
State would have a right o secede. But that it is the
formation of a Government in which others are interest
ed, and thcre.fore, cannot be destroyed by one of the par
ties. But, Mr. Chairman, this Constitution provides a tri
bunal to expound its provisions, and the laws enacted
under its authority, viz : The Supreme Court of the Uni
ted States : and this Court has uniformly given the. same
construction here laid down. Twill trouble the. Commit
tee by reading the ableopinion of that Court, delivered by
Judge Marshall, in the case of McCullock v. Maryland,
4th Wheaton, 310.
The powers of the General Government, it has been
said; are. delegated by the State, who alotre are truly
sovereign; and must be exercised in suhordinatiorf'to the
States, whoiione possess supreme dominion.
It would be difficult to sustain this proposition. The
Convention, which framed the Constitution, was indeed
elected by the State Legislatures But the instrument,
when it came from their hands, was a mere proposal,
without obligation, or pretensions to it. it was reported
to the then existing Congress of the United States, with
a request that it might "be submitted to a Convention of
Delegates chosen in each State by the people thereof,
under the recommendation of its Legislature, for their as
sent and ratification " This mode of proceeding was ad-,
opted, and by the Convention, by Congress and by the,
State Legislatures, the instrument was submitted to the
people. They acted upon it in the only manner in which
they can act safely, effectually and wisely, on such a sub
ject, by assembling a Convention. It is true, they assem
bled in their several States and where else should they
have assembled ? No political dreamer was ever wild e
nough to think of breaking down the lines which separate
the States and ofrcompounding the American people in one
Common mass. Of consequence, when they act they act
in their States. But the measures they adopt do not, on
that account, cease to be the measures ot the people
themselves, or become the measures of the State gov
ernments. From these Conventions the Constitution de
rives iis vvhole authority. The government proceeds di
rectly from the people ; is ordained and established, in
the name of the people ; and is declared to be ordained,
in order to lorm a more perfect Union, establish justice,
ensure domestic tranquility, and secure the blessings of
liberty to themselves and to their prosterity. The assent
of the States in their sovereign capacity is implied in call
ing a Convention, and thus submitting that instrument to
the people. But the people were at perfect liberty to ac
cept or reject it ; and their act was final. It required
not the aflii mance and would not be negatived, by the
Slate governments. The Constitution, when thus adop;ed.
was of complete obligation, and bound the State sove
reignties, It has been said, that the people had already surrender
ed all their powers to the State sovereignties and had
nothing more to give. But, surely, the question, whether
they may resume and modify the powers granted to
government, does not remain 10 be settled in this Coun
try. Much more might the legitimacy ot the General
Government.be doubted, had it been created by the States.
The powers delegated to the State sovereignties were to
be exercised by themselves, not by a distinct and inde
pendent sovereignty, created by themselves. To the for
mation of a league, such as was the confederation, the
State sovereignties were certainly competent. But when,
in order to form a more perfect union, it was deemed ne
cessary to change this alliance into an effective govern
ment, possessing great and sovereign powers, and acting
directly on the people, the necessity of referring it to the
people, and of deriving its powers directly from them,
was felt and acknowledged by all.
The government of thej Union, then, (whatever may be
the influence of this fact i?n the case,) is emphatically,
and truly, a government tit the people. In form and in
substance it emanates from them. Its powers are granted
by them, and are to be exercised directly on them and for
their benefit. -
This government isacknowlegcd by all to be one ofenu
merated powers. The principle that it can exercise only
the powers granted to it, would seem too apparent, to
have required to be enforced, by all those arguments which
its enlightened friends, while it was depending before the
people, found it necessary to urge; that principle is now
universally admitted. But the question respecting the
extent of the powers actually granted, is perpetually aris
ing, and will continue to arise, as long as our system shall
exist.
Mr. Chairman, 1 have before me other authorities to
the same effect, and amongst them Chancellor Kent, and
the State Conventions. This risht was debated in the
New York Convention that adopted the Constitution, and
expressly negatived. J I read from Eliot's debates, vol. 2.
pages 3rt5 and 3S0, Sat u rd ay, J ii ly 1 5) th, 1 7$S "Mr. Lan
sing moved to postpone the several propositions before
the House,, in order to' take into consideration a
draft of a conditional ratification, with a bill of rights
prefixed, and amendments subjoined. The Committee
then proceeded to consider separately the amend
ments proposed in this plan of ratification., Wed
nesday, July 23d. 17S8. Mr. Jones moved that the words,
on condition, in the form of ratification, should he oblit
erated, and that the words, in full confidence, be substi
tuted ; which was. carried. The Committee continued
the consideration of the amendments till this day, when
Mr. Lansings moved to adopt a resolution 1 hat there,
should be reserved to the State of New York a right to
withdraw herself from the Union after a certain number
! of years, unless the amendments proposed should be sub
'milted to a General Convention. This movion was-ne-v
gatived." ;
Sir. it was seen that a conditional adaption or the res
ervalion Of the richt to withdraw, was entirely inconsis
tent with the nature of the agreement and object ot the
association., v
Sir, as well tell me of a conditional marriage or of a
rnsrved riffht to secede from it at will after its consum
mnt'.nn Tho' the. wpon? of one part v may entitle the
other to relief, yet it does not exist independently of the
wrong.hut only grows out o it as an act of justice and self
preservation to an imured part It is no part of the con
tract nor one of iis objects, but is inconsistent with and
destructive of it.
the authorities cited by him
; but I will not multiply these
authorities on a point so well and so long established.
It is well known, sir, that Patrick Henry. Mr. Mason,
of Virginia, and many others in the State Conventions,
voted against the adoption of the Constitution, bec-iuso
they thought it transferred too much of the sovereignty
from the State governments and the people to the Gen
eral Government. Indeed, Mr. Henry declared that it
was a consolidated Government. He uses this language :
That this is a consolidated government, is demonstrabl e
clear The language is. "we, the people, instead of we
the States." States are the characteristics of a confed
eration." But, sir, it remained for the clear head of Mr: Madi
son, and those who labored with him for the adoption of
the Constitution to demonstrate that it was perfectly
consistent with the reserved rights of the States, each
acting in its prescribed sphere.
Iam aware, sir, that the Resolutions adopted by the
Legislature of Virginia in 1798-9, and which were dis
approved of by many of the other States at and about
that time, have been relied on to prove the doctrine of
secession, just as they were formerly to sustain the doc
trine of nullification. But it is apparent, from the oro-
torce was
disclaimed
ceedings and speeches made on them that nothing like
intended. Indeed, the speakers expressly
any such purpose ; and we have the authority
of Mr Madison in the letter referred to. for saying that
nothing was contemplated but an appeal for redress in
the mode pointed out in the Constitution.
On examining the original draft of the Resolutions as
offered by Mr. Taylor, it will be seen that the third Res--olution
declared that the powers of the Federal Govern
ment resulted from the compact to which the States
alone were parties, 4e ; but after mature consideration
arid debate, the word alone was stricken out by common
consent. Why was this done? Certainly, 'because it
was found untenable. It was too clear that the people
of theStates w-sfc parties. ; , .
Mr.FCbalrrr jis doctrinef secession was thought
.e VkX XfcSrtrT n of tMCotitulion. bv
- I v
BP
Ovum are, the plana of fair delightful peace
gnwarp'd by party rage to live like brother
RALEIGH c
Wednesday, Jan, 22, 1851,
But. sir. I have worried the. committee too much with
authorities and especially in a case in which the ruinous
consequences of the existence of such a right are so pal
pable. If it be a right as is claimed.'lhe seceding State
is the judge of the occasion for its exercise and is of course
responsible to no power for its decision It exists inde
pendently of any wrong or injury tm the p.-trt of qthers
Now, to test the practical working, of this system, exam
ine tor a minute our condition. Six of the new Slates ot
tin-Union. are formed of territory, acquired by the General
Government since the adoption of the constitution If
one State has this right, each poseses it. iThen Califor
nia may secede to morrow and cut us off from the Pacific
Texas may receive her ten millions aud withdraw and
deprive us of nearly one fourth of the slavehnlding terri
tory and of the. four new !-l?ive States that are contem
plated within her limits Florida has the same right, and
Louisiana, for which this Government paid 1515 OiiO 000
may stcede and could have done so at once op being ad
mitted as a State. Tho' it is admitted that neither of
them could have sat up for themselves while in a terri
torial condition : yet, it. is said that admitting the State j
into the Un ion of itself gives the ri slit to go out. In other
words that to become one of" the United States implies h
right to separate and form a distinct Government ; a riyrht
that was not possessed by the same people and same ter
ritory, the day before its adoption into the national Union.
I believe that this right has not yet been claimed tor the
territories; but it is claimec that asoon as they areVn
franchised by the General Government as one of the States
of the Union, that minute the Government of the United
States loses all claim on ihq State, tho' the port within
her border may have cost the United States Millions, may
be indispensable to a large portion of the Union, as is the
port ol New Orleans to the Whole valley of the Mississip
pi, embracing the richest portion of the Continent. Yes.
thirteen of the States are in a greater or less decree de
pendent upon this river lor an outlet, to the Ocean ; and
to most of them, it is indispensable. But. not only may
Louisiana secede and close her portto our citizens or ex
act such terms as would be burdensome to them, but any
treaty stipulations that the United States may be under
with other Governments must be broken for Want of pown,
er to enforce its own treaty stipulations within fhe limits
of the United States. But, this is not the only inconve
nience that would result. The Uniied Stales Govern
ment has long kept up some military posts at Forts Jes
I ...u:u u.. i i i.. i , u .u :....;....;; B
nuu w men Ciaii ir,,uiiru uiiij iiiiiiuii i lit; in ini3Mipi
River or at great sactifice in traveling through the unim
proved country Indeed, sir. the entrance to the Missis
sippi is indispensable to this Government, and it was there
fore, that it was acquired even under some doubts as lo
the constitutionality of the purchase. But, if the right
exists, as is asserted, then that port maybe undjr the. en
tire control of England bv any treaty that the State, lie
public or Kingdom of Louisiana (as the one or other name
and form of Government assumed) may see proper
make.
;I remember, that, a few years since, one of the reasons
assigned for the great haste in annexing Texas, was to
avoid the possibility of that Republic foiming relation
with (jrreat Britain that would be afi'ntfving to the Unitd
States, and I confess that it had influence with me. B
1 did not then suppose that after the United States h
taken lexas into the Union at the risk of a war wi
sister Republic, that the State would have a right to wi
draw at will and then form the. association with Gr
Brit ain that we so much deprecated.
Mr. Chairman, this right of secession has been claimed
by a portion of the New England States as early as 1814
and a decided movement tending to it was taken in the
Legislature of Massachusetts, and followed by Connec
Vicut and other New England Stateswhich resulted in
calling the famous Hartford convention. It is known
that there was a party opposed to the late war with Great
Britain. The resolutions passed by the Legislatures ol
(Massachusetts. Connecticut and Rhode Island and the
correspondence between the Governors of those Slates and
between them and James Monroe, Secretary of'State, show
a strong opposition to the war and to the manner of con
ducting it; a determination to thwart the General Govern
ment as far as possible, and as a means to this end to re
fuse to aid with the Militia ot their respective States O-
ver these they seemed to claim the exclusive control. They
proposed to hold a convention at Hartford and in the mean
time to aid each other by marching their respective forces
&c. For full authority for this assertion I refer to Niles
Weekly Register of 12th of Nov. 1814. Vol. 7th. I'age 145).
the correspondent therein between Governor Jones of
Rhode Island and Governor Strong, of Massachusetts, in
which the)' each promise aid to the other aud neighbor
ing States, but no aid is promised the Union.
From the proceedings in the Legislature, of Massachu
setts, it will be seen that the resolutions condemning the
war and calling for. a sectional convention and Irom the
protest entered on the journals of the Senate and from
that tendered in the house ol Representatives (but refusedj
a place on the journals) that the Republicans in that as
sembly opposed the whole proceeding, and not one of
them voted for the delegates lo. the convention. Allow
me to read only the closing part of the protest of the mi
nority of the Senate. l
" From the Resolution and Preamble, and circumstances attending the
debate, the undersigned have strong reasons lo apprehend that proposi
tions for a separate peace, may grow out of a proposed meeting of
delegates from the New England Slates; should such propositions from1
the British Government be made to the Convention, and should the
terms, as they probably would, be very flattering to this section of ihe
union, the temptation of momentary gain might induce a compact with
the enemy, introduce an army of foreign mercenaries, produce a civil
war, which would end in a subjugation of both sections tQlbe power
of Great Britain. Ambiton has destroyed every .other Republic on earth.
The United States stands alone, like a Solitary rock in the midst of ibe
ocean, surronnded and assailed by storms and tempests ; in vain may we
look for aid, except from union, energy aud heaven, apprehending and
believing that from neither of these sources Can we expect U.'so lon
as we indulge in the adoption of such Resolutions. We have prepared
and signed the foregoing protest, and we pray that it may be entered on
the Journals of the 'Senate. .. ; . -t .
THE SENATE FREE SUFFRAGE.
The agony is crrcr, and " Free Suffrage" lias num.
bered among the slain. By reference to SatufdajY
Senate proceedings, it will be seen, that the Bill
which had passed the House of Commons, failed to
receire the Constitutional majority of three-fifths, andi
is consequently defeated .' defeated, in all probabili
ty, beyond the power of resurrection, at tba present
, session ; for we Jiave no idea that the rery juet and.
correct decision of ibe Speaker, (see Legislative head,)!
can be reversed.
It will be seen tliat the Democratic side of tha
House the advocate of legislative amendment o f
the Constitution vrted down the propositions offered:
by Mr. Barringer and supported by bun in gome very
forcible remarks, for giving the election of Judges
and Justices to the People ; thertiby showing ufio ant
the real friends of popular rights, and how subordi
nate is their professed regard for the " dear People"
to" their determination to stand, at all hazards, ly th
party-hobby, upon which David S. Reid rode into
powr.
The fate of Mr. Bynum's amendment, proposing t o
leave all these questions of Reform to the sorereig'
People, demonstrated tbvse things, perhaps, still more
palpably Mr. B. enforced his amendment in a stror.g
and eloquent Speech. He stood up, not only for his
own section, but for the whole State; lie- disclaimed
any sectional manoeuvre in desiring to submit tbese
matters to the Peoples They belonged ro -the. Peo
ple, and should be passed upon immetaately by the
People. Mr. B. spoke with that force and earnest
ness, that characterize all his efforts.
During the progress of the debate, Mr "Woodfin, in
the course of a powerful Speech, covering. the. whol
ground iu a mesterly manner, called attrition to a
glaring defect in the Bill, as it had come ftom the
House ; the Bill actually omitting to require the Sen
ate vter to have paid taxes, and rendeviviir it some
what doubtful, as to whether he should be- a free
white citizen 1 This produced evident confusion in the
ranks of the Democracy. Mr. CaldwelL 06 Meeklen.
burg, who saems to be, par excellence, the party
spokesman, undertook, in a feeble way, to soiubat this
oonstruction. He was replied to with such, force by
Mr. Haughton, that Mr. 1 lark, of Edgecoiabe, came
to the rescue of the party, and offered an ausendment,
proposing to remedy die defect so far as the-tax -pay
ing was concerned ; which, by way of compliment, of
course, to Mr. Caldwell's views, was carried by a large
majority. Prior to taking the vote, ho-wver, Mr
Gilmer made one of his best Speeches in which he
showed, in some forcible remarks, not unmixed with
cutting humor aud sarcasm, the impropriety of Itgit-
lativt amendment, as illustrated iu the caae before
them where a Bill was presented, clearly excluding
many Senate voters from voting ffer Comnuynern, and
actually allowing (so Mf. G. insisted,) free negroct to
vote for the Senate. Mr. G.'s remarks ww most
telling, and touched many a quick I
The whole debate was interesting and spirited.
I We listened, with great pleasure, to the sensible and
V r 1 amusing remarks of tir. Bond the successive ouncrent
cuts and thrusts of Mr. Haughton and the lucid prop
ositions of Messrs. Kelly, and Caldwell, of Burke
Messrs. Joyner and Shepard opposed the Bill on it
merits, per e, and ably stood up for the old Constitu
tution Mr. S. avowing, however, that when, it was
conclusively ascertained that the people detirii any
particular Reform, he, for one, was most ready to
cede it
We shsll recur to this subject ngnin. Bwt we
cannot close this Lustily prepared sketch, without
jexpressing out own admiration of the efforts &f ikost
gentlemen, iodieated above, who stood up fur ibe
rights of the People, in resisting this unsubstanti.il
Free Suffrage bubble, on the special grouiid that it
was not within the province of the LegixDriture to
dictate to the People what particular ItefJrm they
may have. And this is the trne ground upon whiek
all sections can rallv this is the true Rtpublicaa
doctrine. Lei the People determine, for themselver,
whether they will have a Convention to amend their
organic law, or not. They are not to bt dictated
to by their servants ; and the Senate, hy its actios,
on yesterday, administered a most merited and
signal rebuke to that arroganc,in certain quarters,
which had iusolently proclaimed that tbif " Bill
should petta," and no power dare prevent it!!
P. S. Since the above was written, the appeal
from the Speaker's decision has been withdrawn,
and Mr. Washiugton, who voted in the CorutiMiml
majority, has moved to leconsider.
Eirit will bo perceived, by reference to Fri
day's proceedings in the House of Commons,
that the bill for the improvement ef the Raleigh
and Gaston Rail Road has passed its second read
ing, after an excited debate of some days. The
I bill was bitterly opposed by Mr. Stevenson, of
Graven, and the New Hanover delegation, ard
most ably defended by Messrs. Rayner, Saunders
and Cherry. Tho fo rraer gentleman showed con -clusively
that the Raleigh and Gaston Road would
be an important artery of the great Central Road,
and that the cutting it off would be defeating one
of the connections contemplated at the time of the
passage of the Charter of the Central Road.
Feeling as we do, a lively interest in tho pros
perity of our sister towns of Wilmington and
Newborn, vvc can but deeply regret the exhibition,
of feeling which have been made from those quar.
ters, within the past few days, by the gentlemen
spoken of. "
g3FIn noticing, in a hurried article, a few
days since, the efforts of those gentlemen in the
Senate, who have resisted, with much effect, the.
doctrine of Secession, we inadvertently omittedt
the names of Messrs. Washikgtos and Jothzr..
Both gentlemen nobly contested the doctrine af
every step, with the most marked ability andfiar-.
lessness, and are entitled to the thanks of tho J?eo-.
pie of North Carolina.
THE CENSUS COMPLETE,
The Census of the whole State ol North. Caro..
lina has been fully ascertained, with, tha excep
tion of the County i Mecklenburg, and assuming
the number in that County lobe H,0Q0,.ile total
population of North Carolina is8T0,G87, of which
283,000 are slave. The increase ul slaves is.
about 43,000 sirite 1840.
The increase of ibe entire population srnce 4S I0fc
is 117,208. , i
!
4 ,
V 1
i
1
I
r: