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m.37 VOL- II2IVI il l Xorih Carolina Gazette, plM'StD, WllllI, BY . THOMAS J. LEITIAV. '--TKa.vis. cltrrr . thre dnIUri per annnra on Al fart llluweQ IV rvnwiirm rmnr. Miliar 1 v .... -,v... v. ,a,.vj, ansiir,iial prrtomicudrnl willioot ihi ,e, n nlr detire t0 leoome ubMribr, I g trvaiMJ r"iuirra iv tnj 1111 vhuic - ..t f the v enr'e lubjerliMinn in advance. iAtiT"'Jt. eeeeJinj fUieealineiJ ..-it three timet for one dollar, and I I ta fnt Mith nnt lnlisn . STATE COXVENTIO:. J nuui. I laws, to which from the complexion of patties on litis floor there would. be equally as great a repugnance, as is etinrrd, for a liberal attend, ment of this article. When, sir, 1. reflect, that there are one hundred and sixteen millions f Catholics millions of Protestants, and these split up into as many sects and de nominations as ''construction, con- tiHihm-aodiKstortf oncan-gtve to as" little chanty Tor each iU.Ucr.as somaof tlm.liavefor. lUo4 having Cath(,ncs,, 1 cannoXJukrc receives yery great-d DEBATE tie Tliirtj-sccona aiucic. Mr. Bryan'e Speech Concluded. he nineteenth article of our Dill lights, the broad ami liberal ration is made, "that all men . mi turn I tirnl inalienable rixt.t JrshlirMmTshty God, acroi-d the dictates of their own frienrr, and i:i the thirty- h "Article of the Constitution pxihthhI v 414 ltnf tliat tlici c bo n rHtablisIimciit or any one a a . 2hWS -VHttrerr-W Lms-shall he at liberty to excr- their ow n mode of worship. t wiri- are nit nmnrarttml tH-: able rights flf man?, , Thefrjare. tte J'ljylits.-which JM r. Justice stone denominates the natural d a a 1 l y or mankiiMl, ana Hciinrs, rty -t ronnist l a power of . . a" t l. .. .i k . r as-one IIU'iks nt, wmiooi hut .ain't or control, unless ly the M nature.- being a light in- it -in 4iy- birth and o of -the of God to . nan-at his creation k he endue.! him with the facul- free will. Can you, - sir, a- ?a r -restrain this Natural anil iitanoieTiebr,iinlrs yon violate ninutimeittai principle! miuw -Tfotthf'attttf,mpt m do so iced those invaluable guaran- of tho rights of man, Magna rta, the petition ot right, the picas C.orpos Act, and the .Aft of ilcmeut, winch the Ii.nglisl.man to Tiis Tiosom, as the sheet nor of his safety? All IJeligious t Laws which infringe the rights wisci?.neej,a;ea ;;.i:rnamn. if taw Mti whether, contained in the nsWution of a Government or acts of its Legislature; for this ural right superior to these alurra of aocii-ty. lhen, sir, W gag tho ".' Catholic with this ar- v w hiclt. r otiflif t in Riw it anil I tht al-iTost-sar; in the letter, with re. liberal provisions of our Con dition, to which I have just ai led? lie iV permitted by the I - Institution to exercise his own !e of worship, and we are pro- ted from establishing anyone Aitrious unurrn. rrgni In as a harmless citizen, but he re 1hat ho would make a dan. ous officer! . This, in practice, provrn to be a distinction with- i a difference, hut I can well con rTlharTdIiealeornd bigoted agination, it 1 n aught with treai i to the Government. So easily, .do we aurreoder our judgment our sectai lant iitcrcsts! Treason ainst tho Government! W hy, r, liave we not seen the t-mbattled ions of tho . Catholic, troops of unnaparto engaged in ueaoly war- -Catholic " armed - against tholic, upon the bloody fields of UMnarTirniorlirstVife the same Ffna of dcadly"JusTiijry-T)etwecii atnolic brethren, -ueiugmg wun Pifir very life's blood the sunny ields of Italy anil Ihe tine rlad lulls f trance? Nay, sir, have we noi o au t: Hif rl rr armtrs.oi r t J luci-ing , the Pope himself, and ' !J Seetothe French domifiionsZ I,; I'wi'try auo laris nirnisu v me nu 1 mtes'of intolerance an nnfortu i "Wegtance to the rope, and TaiUc obedience to the G'lrernmcnt I1 he. sir, it there any great urgent weasity, which knows no, law,' M renuiies this article to be re icd? Upon this subject, every "morable member is silent; and as Paley well remarks, "the Incx dienry of laws and acta of nu- pnrity, maketliem tyrannical. r ill! rnnt'iiif a lm irpiit RillS ti ,'mui few honorable exceptions, they ?f foreigners w hom the policy and (fed to nur shores. If their Reli ;,(n is dangerous to the Govern "nil and incompatible with our imitations ' will this SSd Artirl r dy the difficulty and shield n n uie danger to be apprehended i tiromr ir this be an evil. ui nu outer rcmeuy man --ine eral of the Alien and Sedition puny elToi t to put down the Roman Catholic religion, as truly charac teristic of the spirit that concsived it, and every way unworthy of a great and highmiuded State. If, sir, a spirit or persecution has characterized the progress of the Catholic religion in the old coun try in other times, what has been its history In our own .country, on this side of the Atlantic? I beg the attention of - the- Committee- -the office er place of trust, there seems to be such a coincidence between the phraseology of that Statute and tlic52d Article of our Constitution, as to induce me to believe that the Cramers of our Constitution had that Statute in view, and the diffi- which would seem to have been adopted by them, with this essential difference, that in the Article of the Constitution, they do not prescribef truth of the Froleslanl religion, to men r. the, penalty o tt provtsHMis. oTiowir.gJ extract, from a learned aud di&tiiigjiisheil. lr itet atjt autiw r. ktifeg Mat'ttiiiiyua'i.miiiL tiad. already in, 1649 declared by law, hat no i.ersons nrofessinc: the Christianhrliir'uiJn should be molest ed in respect' of their" Rejigibn,. or in the free -exercise-thereof, or be coinpelled to the belief or exercise of any other religion against their consent." 1 bus to use rworus of a learned and liberal Ustoriun, the Catholic planters of Maryland procured, to their adopted country, the distinguished- praise of-beiog the first of the American btates, in which toleration was established by law; and while tho I'uritans were persecuting 4heir Protestant brethren i New- England and the Episcopalians retorting the same severity -oohePuritaiw-inVirgitw la, the Catholics against, whom the others were combined, formed in Maryland a sanctuary where al might worship and none might, op press, and hereeveii Protestants sought refuge from Protestant in tolerance: and Chalmers in hU Annals remarks, that the Pronrie tai ies of Carolina, for thobettei encouragement ot settlers, declareo concurrently with the Rhode Island charter (1663) that all persons; settling therein should enjoy the most perfect freedom in religion. Thus, sir, docs history redeem the Catholic character in this country, and - fix reproach upon North Carolina, of an intolerant and de ceitful character; for whilst South Carolina, conscious of the induce ments and hopes 'held nut by the Proprietary Government to the Catholics to settle among them, adopted the same spirit of religious tolerance into her Constitution, our own State, with the same knowl edge, and under the same high and honorable obligations, proscribed them. with the intolerant article now nderdlsclissloiirAml I mayaddy to us," Mr. Chairman, I have been, century ago. I should be sorry to bo perpetuated to the end of time. attached to the Protestant Episcopal; find when examples of toleration are ft I. t :.. s. r i ... "i .1' : t. ul. iuuriu i rum iiij imncy, anu langui sci, even uj aruiirary governuic-nis. to believe in its savin? faith and A postolic character; but Sir, I would bo the last man in this community, to fetter the conscience of any indi vidual or to proscribe hrm from of fice for Lift-religious -opiowns. Whilst all seem to admit that the Catholics are excluded by this arti cle," have t he Protestants nothi ng to Ihat this country, so impressed with the highest sense of liberty, should adopt principles on this subject that were narrow and illiberal. I Con sider tho rlatiso under consideration as one of the strongest proofs that could be adduced, that it was the in tention of those who formed this system to establish a general reli- ditional support, from the able pen of a distinguished young gentleman (Mr. Jos. Seawall Jones,) who has preserved the only traditionary reminissence of this Article of our Constitution. I quote, sir, from his Defence of North Carolina. 1 "In the Constitution of North Carolina there is a clause restrict ing offices of trust and "profit, to those who believe in the truth ol the Protest a nt - Reli srioov-This si n. feature now 'strikes every one vitTi astftiiisUmcut,.and prttvokcslii l robstiBBivereacondetmiation' educated gentlemen of the State. It; to the wisdom and liberality contain is so repognanno me itiiiiigui nnjei. in those two articles ot lite on '3nifrt'c, it is so contrary to theitBition of the United States, -which MMe..Lou.r. jiast it u UmsjLJsJUejtesiilecIare-th f!AisiVtim itopeeaiioTV4tp er Sir, has the t ight to determine the lrntkf- ihfProtestaitt iteligvmi"tm& prescribewhat tretmmi oat ions hold religious principles incompatible with the freedom ana safety of the SlaWl I answer Sir, the General Assembly of the State! And who can tell in all coming time, to what excesses and enormities, this spirit of religious persecution may lead us, in proscri bing each other, as one sect or de nomination or Protestants, may gain the power and ascendancy in our lie eislature! This two celled sword in iless sharpness. of thef cafflne attehtiotr of the Committee -thatJ'oo-religtoHs test hall to judge from the examples of reli- gwus- etts-1rraotherTouTttriesr'! shautd tie ri;iade(llT.al tltey "do"not answer the purpose for which they are intended. What is the conse quence of such in England! In that country no man can bo a member in the House of Commons, or hold any office under the Crown, without ta king the sacrament according to the rites of thetrfttirch. This in the first instance must degrade and profane a rite which never ought to be taken bat from sincere principle of do- pics, it is matie mere iiisiiHiinenvoi, c.jN:lltf!oyin exclude i aft persons from olfices, but members of the Church of En gland. Yet it is notorious, that dis senters qualify themselves for offices jnihisaoiMirbuuglv-Jtheyf4evfr. conform to the church on any other occaslonf rand -metRif WrrligloiTal all have no eeruple-to make use of this qualification. It never was known that a man who had no prin ciples of religion, hesitated to per form any rite when it was conveui- ry spirit of the Revolution, that l never be required as a qualification was for a longtime ashamed of.it, .to any office or pnWicirttsI. under as an instance of gross bigotry and .tho United States;: and Congress illiberahty. Conuueat however, that shall make no law respecting an es- the irresistible force or public opin-Uablishment of religion, or prohibit ion would never sufiVr an honest cit- in,thn free exercise thereof'" : It is izen to be deprived of the reward ,aMv remarked bv Mr. Justice Si i. thatAvas doe to4.imeHVlcsded;ttT of tTie Committee myself with tho reflection, that it! Articles, that the framers of the was a dead letter. Subsequent in- Constitution were fully sensible of vestigation into the private papers the dangers from this source (union of those who formed it has convinced 0f Church and State) marked out me, that -Us -importance as-uectn m the history of-other agei and magnified, and that the omission of countnes; and not wholly unknown the-vfirtl ;piCTpni in-4hv original t resolutions, or draft, was considered y Was unceasingly vigilant in its as an fsiauiiMiinem yi me vnrisuuo -tpataffems to secure to itself an ex. can l-ind suclr a one. I am therefore clearly of opinion that such a dis. crimination would neither be effectu al, nor if it could,-ought it by any meana to bo madc ,JU pon.... the.,pTn,i ciples I have stated, IjfojifMsJJie. rcsTncfliiifon the iel:7ifConsress Religion." Unfortunately, Sir, for the honor, elusive ascendancy ever tho human m i nd, an d t hat mtolerancetvar eve r that even Locke, in his Constitution of Carolina, lays down the broad and . fundamental rule ji) relation. to serrait and their religions ptlyi- eges, that 'Religmnjnught to alter nothing in a man's cixil estate. I have endeavored, Mr. uuair- man, in the absence of all express which induced -our- Tat liers -to- adopt this article: and may it not be found ntfrff-ncl'secutW of t ie and Jiberal xharacter of-our State J ready to arm-itself-withthelcrrovs public opinioit has never considered . of the civil power to exterminate this to be a kad Utter, and as Trotes- those, who doubted its dogmas, or Lint is the religious antipodo of. resisted its infallibility. It is easy CofAflZiiV no argument however inge-jto foreseei that" ithaur some "prolix nious or refined, can convince it,' bilion of religious tests; a successful that the latter is not excluded. This sect in our country might by once opinion, Mr.Chairman, derives much possessing power, past Test laws, strength, when we refer to the polit-J which would secure to themselves, a ical character of a large number of monopoly of nil tho olhces ot trust those u ho framed our Constitution and profit under the National Go- Tho Convention was . divided : into:. vernjnent. .?;TI5 only security there. two parlies, the cons?rvit'C, and the fore, was in extirpating (he power, Whig parties; and whilst the termer,: Who Mr, does not recollect the e possessed of more talent and ability, bate in our Convention of 1783, up- sought to preserve the right of pro-1 on these very articles of tho Constl- nerty, with as little departure as tution of the United btates, by some possible from the civil and religious of the very men who contributed institutions of tuo mother country, largely to the lormatnn of our atato tho latter seeking the other extreme ( Constitution? And who does not evinced a desire to reduce the whole with pride and exultation of feeling political system, to the lowest radi- ' admire the high-toned liberality n calism, and wildest democracy.--., feeling, and sentiment expressed in Among those who belonged to the, their speeches? I he apposite char- former party, will be found themjcterjuf that debate, to tho one in nenfames oFmen-rwho were disvhich we are now engagedrand the tinguished for their- lo ve oHhe dig rgreat- talont and integritjr--of : the nity and cee.mony i State, theirbpcakcrs, may aH;rd some apology devotion-to -the-Protestant Episro- for troubling this Convention with pal faith and tho High Cjiurch party, : their remarks. i and their consistent and unwavering; sir, nenry moon expressed his opposition to a radical innovation Tears, that the abolition or all Reli- and change, in all the institutions ol gious lests, would oe productive or the country. With materials like these? -ft may well helm Time religion is derived from a much higher source than human , laws. WhiHi any attempt is made by any Government to restrain . i men's consciences, no food conse quences can possiblj follow. It Is f appreuendcu: r that Jews, -Alahome- tans, Pagans Zee. may be elected to high offices undf the Government of ' the United States. Those' who are - : Mahometans, r any others who are ' mt. psr4he-Chriifairv ligion, canine verTfcelected to the" -1 otttteorm ficc, but tn one or two cases; ; First, if the people of America lay aside . i tho Christian religion altogether, it j may happen. Should this unfortu- v nately take place, the people will . . I choose such men as tUiuk as they do themselves. Another case is, if a ny person of such a descriitlon.!8hould notwithsanding their rcligio'nr ac quire the confidence and esteem of the people or America, by their good conductjind )ract .ujay, uojivCuosww!?ea ba&rtttyftheroOC:uCl : ".:..'. '.. ..r..rrr ..i. .: . tiiouMiig men oi uiucrvnv ntiiumcnis - from themselves." ; ; , , Opinions like these, emanatfnz from . o high and recpectable a source, are entklAlIlj.lC Itakuiaivlaibe-great est respect; and when I look around u poo the -gray head s - which su rrou n d - -: " me, the very oaiiges as it were, of cool and uniuipasiiioned reason, I canuot but flatter myself that this foul blot upon the fair escutcheon of my native State, will be wiped off forever, I cannot, before I resume my seat, fail '.I to the Virginia Act, for the toleration of Religious freedom, which was the pro duction of the distinguished Jarrr-RsoM.1 .Here M r. B. rtd the Act Wei t inignt that great and releurateu man . declafe'thaK30r iapit on nis tomo, man me simple . out noble inscription "Here lies the Au- ' thor of tho Declaration of- Indepen dence, and the Act for thu toleration oPleligiQu.! Xreedom n this particular has my hearty ap probation. They certainly have no authoHty to interfere In the cstab- whtiwntrorTrtigiimiwIitrt and I urn astonlsiiied that any cci.W-Tr..tw..oi a..-u tL-nu r.:,i. : any man should couceivn they have. - Is any power given to Congress in mat ters of Religion? .Can -they pass a single "Ret"to""'iiopaiFouFreligV liberties? If they could, it would be a just causo of alarm. If they could Sir, no man would have more horror against it than mjsclf. Hap pily no ect here is superior to anoth er. As long as this is tho case, we shall be free from the persecutions and distractions with which other countries have been torn. If any future Congress should pass an acl concerning the religion of (he conn try, it would be an act which they are not authorized to pass by the Constitution, and which tho people would not obey. Every one would ask, "who authorized the Govern ment to pass such an act? It is not warranted by tho Constitution, and is a barelaced usurpation'" I lie lower to make treat ies ca n jietcrJie Puritans in this countiy, and lu the violent religious contests for power in the mother country, froni tin time f Henry the Eighth to William the Third: for, sir, history.informs us, i&ialvtMates and succession to the ..throne he twee rr theProtestats ridCallwlhrr w;a-xonUnueA - with unremitl4-vi gor and severity, until the infatuat ed rmiduct of James the Second produced tho Revolution of 1688, a a a? - which resulted in ins auuirauon oi the throne, and the final establish ment of tho Protestant succession in William and Mary. ' To pursue this idea further, may not the fear of a recurrence of this unhappy state oF thinrs. have induced them to turn their aitetition to this momen tous period in the history and strug gle of tho mother country, fur peace 0 a . a aa.fl and good order, and causeu mem to adnlv some of the statutory pro- visions which were framed tor me protect ion. of , religion. For, -Mr, Chairman, - by reference to the Statute of 9 and 10, William the Third, which enacts that- if any person educated Ac. in the Chris tian religion, shall, by rwritiag, printing, teaching, or speaking, den v the ChrUtian religion to be true, orthe HolyScripturcs ta be of divrne' authority, he snail otc, up rendered Incspable of holding, any ious to: preserve the religious faith ot their ancestors, anu io proicci ii injurious consequences. Mr. Iredell, of horoTtxha ve trt the- High ChnK-h party-ero"anx Tnlty on a former occasion during this with the "attong-airni-of the funda mental law of the land and the more Is this opinion entitled to cred it, since the Bill nf Rights and Con-J stitution was said to be the produc- ttrwi'' of'TiniMtsr JdtnrTidistin guished and determined "member of practical -illustration--ciane-unjust and oppreishe character of this af tide, suppose the Word Episcopal had been retained In the Constitution! What in this enlightened day would have beenihe consequences? Why Sir, the Methodists, Presbyterians, Daptists, and t every denomination that dissented from the Protestant Episcopal Church.would have risen, as one mighty and united people, from the mountains to the sea shore, and pulled down this odious fabric of .. . i ' j --ttri -r ...... the bigotry, anu iHiorraiu ueuur fathers. Well Sir, might I apply here, tho Iliidibrastic couplet, so ap pfteTjoofeir by Iho disfingarshed gentleman from uumoenanu, wr. loomer) at the opening oi this con vention: "Strange that w differeoee there AnaU be, TUl tveedlo lum, nd tweedle dee." . When we arotatight to feel the woes, that others feel;" then Sir, I fear a returning, sense of justice, rather than the exercise of Religious charity prompts us to "do Unt oth crs, ns we would have others do n Convention to express my very great ')ltjonandLw y-replicd that" he did not expect any objection to this particular reg ulation, which is calculated to pre vent evils of the most pernicious con- sequences to Society. Every person ry"of mankind, knows, what dread. Kit niiSLi.icts nave ui-i-o. boutoiiiieu by-religioua.-persecutiunav:Undcr the color of religious tests, tho ut most cruelties have been exercised. Those in power bavc generally con sidercd all wisdom centered in them selves; that they bad a right to dic tate to the rest of mankind, and that all opposition to their tenets was pro fane and impious. The consequence ol this intolerant spirit had been, that each Church has in turn set it self up against every other, and per sccutions and wars of the most bloody nature have taken place in every part of the world. America has set an example to mankind to tliintltiarB'nltvdestty ftnffreaionaulyi that a man may be or different reli. gious sentiments from our own with out being a bad member of Society, The principles of toleration, to the honor of this age,' are doing away those errors and prejudices,- which have so long prevaded even in the most intolerant countries. In the Roman CathoMc. countries priori plea of .moderation .are - adopted which would have been sfuimcd at a supposed toirrrlude a right to cstab ish a foreign religion among our. selves, though it might authorize a toleration of others. Dut it i objected, that the poo- de of America may perhaps choose lepresentativcs who have no reli gion at all, and that Pagans and Ms- lometans may be admitted, into of fices. Bat 1nw is it pssibl to ex elude any set of men, without taking 3!yJLhtjinndjii A. Uom-which -we ourselves so "warmly" contend Tol ?.This is the fountlatioii on whjch persecution has, been rsis ed i e very part of the worlds- The people in power were .always in the right and every body c.lse wrong. rorwdiiTd it answer the purpose, for tho worst part of the excluded sects would Com fly with the. test and tho best men only bo kept out of our councils. Dut it is never to be supposed that the people of America will trust their dearest rights to per sons who have no religion at all or a religion materially different from their own. It would bo " happy for mankind if religion was permitted to take its own course, and maintain itself by the excellence of its own doctrines. ' The Divine Author of our religion never wished for its sup port by worldly authority. . This article is calculated tor se cure universal Religious tiberlyy potting alt section a level the only way to prevent persecution. : 1 thought nobody would have objected to' this clause, which deserves, in my opinion, the highest approbation. This country bas already had the honor of setting an fjtample or civil freedom, and I trust It will likewise have tho honor of teaching the rest of the world the way to . religions freedom also. God grant both may political . opinions such implicit faith nas pecn given; and out tew men have enjoyed so successfully the power and infiueocs,JL.public:opinioniand, sirr whilst so many oi its have so unhesi tatingly subscribed to his political doc trines, let us not evince our heresy to this, which ho deemed coequal with tho proudest and most transcendant " ' 1 act of his life. -Jeffmon was for-uni- . versal toleration; and "when through s some dim, but cominz years" the po-'' titical transactions of hts lifcf shall bt " " obscured and swallowed un by ' the 'surpassing glory" of some more pop-1 - , ular favorite, "tho glowing memory" of his countrymen 'will linger around this Act, as the imperishable manifesto . of the great rights of man. .1 will not lend my feeble aid to impnir those riglus1 will not tamper with con science- I will not otter a bribe to that 'divinity which stirs within us." I- -would not close tho avenues of prefer ment, 10 any oi tne emiaren so the areatfam'ily of mankind, for 1 have too - mdcS faiilun the stability of our institu-' tions, and in the virtue and discern- talent of Oar citizens. ;God grant that . - - this may bo a day of proud exultation - to my native State Ood grant that .i . i . a .. me spini oi religious iiDcny anu tole ration mav form "ono of tho nolished corners of her temple," and God grant,, that the feeling-i of affection which we have here evinced for each other, mav Itkehe Star-of stte : Eatt ft'oi Ti ni " T. " throughout her borders, peace and' 1 ' V . a . II a "a M . M.. a 1 good win to an mannaa. ain Jhatr mOTZWfeltittttKeutlTrflgth'. ahcl fre-- " ble heal thr warn me to" cease; and I should be ungrateful indct'd, If I failed -to appreciate ..Joe kind andT indulgent' -attention with which the" Committee have U vnred my remarks. the dark cloud of war lowered over the country, and Andrew Jackson,- with Tennessee's chivalry, fed - upon acorns - in tho enemy's country, ll vau L. Whitb left the judicial bench, '..with, its salary of office, and penetrated the ' wilderness,1 to - ih-e - the perils and hardships of the da, l'roud of his patriotism and grateful fur his services, the I ennossce legtglature declared hs should regularly, receive his salary. He refused to accept it, on the ground that it would be a dangerous precc- -dent Such is ths man whom - the Globe would brand with torruption! " During the time lie was President of the old State Bank of Tennessee ha was appointed one of the Commission- ers ondeT"thaSpShts!v treaty." llis. " fdends being unwilling that he should resign his station as Presidnf the Bank, ha corresponded with ; them, " when necessarily abtent and gave his personal attention to the instttutio:i when at home, utirl thus sustained the Credit of tho Bank in the most peril ous times." In consideration of hi; services, his salary was regularly pass ed to his credit, until it , ainoun'e I ! about eleven thousand dollars, lie never has tonched a dollar of it. SutU
The North-Carolina Star (Raleigh, N.C.)
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Sept. 3, 1835, edition 1
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