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:

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