4 i if 1 4 4 iirstrfl the fttiiw if frff !Uf ttful peace, Uawwp'd by pWj rf e to live like brother NDAV, SERtMBEU J7, 1804. No. 25 t IG AND ' " ' " - ttJt - , ;' " : i .;y Hdrth-Caf Carolina Stafe Gazette. v. : ' 1 . s .. . 1 . . . . . i 1SIANA REMONSTRANCE. LOU To the CMGRZSS of the UMtSD STATES. in SENATE and , HOUSE c REPRESENT ATVES, Convened. ;. Concluded from wur last. i :f arn'itv is to be thfc crite- riao.and ioformation the preliminary requisite of our adroissioii, us respectfully enquire what 1 the na ture of this capacity, and mforma L W where it will rnost proba bly be found. By the distribution pf powers between urcgeuww governments, the; Former have the uperintendance of aU external ;re Utions, and of those internal arrange 1 jnents, which regard the several states in their national opacity ; the residuary powers, retained by the states, are more limited in their oper ations, and require in their excercise a species of information to be derived only from local sources. The pu rest principles will be misapplied, the best intentions will be ill directed, the most splended efforts of genius will prove ineffectual without an in timate know!trtse of the manners customs, pursuits, and interests of the people, to whon they are appli ed, or in whose favor they are exer ted. Should this reasoning be just, it would appear to follow, that local information should be pi-eferredin a tstate legislature, to splended acquire ment, when they. -cannot be united ; and should wc give the representa tives of the United States all the su ueriority they claim and undoubtedly merit, vet we cannot be accused of presumption, in supposing that we know somewhat more of our ewti country, and its local interests, than men who arc acquainted with It only from report, it will not, we trust, be answered that the members of the council must be selected from the ln- ' habitants ; we have already shewn 6 What share this council will proba ! bry have in legislation : and the re sidence of one year is certainly too . short to attain information, or secure any thing like a permanence of at tachment. If this local knowledge is necessary to legislate wisely, how much more so is it in order to select discreetly, those on whom this must devolve. The President ,must necessarily de pend on the information of his agents here ; without any persohal know ledge of the men he mustchuse; how can he detect imposition, or counters act prejudice ? How defeat intrigue or secure himself from the reproach of having confided our interests to men, in whom we have no confidence ? We might contrast these inconveni ences with the evident advantages of a choice made by the people them selves, and the conviction would be irresistable, lhat the latter possess, exclusively .that species of informa tion with respect to character, con duct, circumstances and abilities, which is necessaryto a prudent choice of their representatives ; but we pre sume enough has been said to shew that among a people not absolutely j sunk in ignorance, the khkl of know- ledge indispensible to good govern ment, or a selection of rulers, can only be found at home that the best abilities and the purest intentions wm tv not replace it abrpad, snd that with out it all legislation is tyrannical and oppressive Convinced 6f this truth we find the advocates for our subjection, driven to au argument, at which we have before hiritedi-Tp deprive us olf our right of election, we have been re presented as too ignorant to excer cise it with wisdom, and too turbu lent to enjoy it with safety. Sunk in ignorance, effeminated by lux ury, debased by oppiession, wre were, it was said incapable of appre ciating a free .constitution, if it were' denied. The sentiments which were excited by this humiliating pic ture, may be imagined, but cannot be expressed consistent with the respect we owe your honorable body; We were willing, however to ascribe it to the want of correct information but wc could not .avoid' wondering v that it should be so very defective, to have drawu from the names of me districts iri 6iir rttry, an ar Sument as to the language spokcu in them, which proved fatal to an important amendment to the bill. We tould not imagine what had ex cited the idea of our effeminacy and profusion ; arnd the laborious planter at his frugal meal heard, with a smile of bitterness and contempt, the descriptions published at Washing ton, of his opuleuce and luxury. As to the degree of information di f fussd through the country, we hum bly request that sorn? tnore correct evidence may be produced than the superficial remarks that have been made by travellers or residents, who neither associate with nor speak ourlanguage ; many of us are native citizens of the United States, who have participated in that kind of knowledge which is there spread a mong the people, the others are generally men who will not suffer, by a comparison with the population of any other colony. SomrH8ad vantages as to education in the higher branches of literature, have lately attended us, but the original settlement of the province was mar ked by settlements peculiarly favora ble in this respect, it was made at no distant date; at a period when science had attained a great-degree of per fection, and from a country in which it flourished ; many individuals pos sessing a property and rank, which suppose a liberal education were a mong the first settlers, and perhaps there would be no vanity in asserting that the first establishment of Louisi ana, might vie with that of any o ther in America, for the respectability and information of those who com posed it ; their descendents now re-, spectfully call for the evidence which proves that they have degeneratsd so as become totally incompetent to the task of legislation ; for our love of order arid submission to the laws we can confidently appeal to the whole history of our settlemeh't, and partU cularly to what has lately passed. In those dangerous moments when it was uncertain at What point bur political vibrations would stop ; when national prejudice, personal interests factious views, and ambitious de signs, might be supposed to com bine for the interruption of our re pose, when irt the fre'quent changes to which we have been subject, the authority of one nation was awakened before the other had established its power : In those moments of crisis and danger, no insurrection disturbed no riot disgraced us, the voice of se dition was silent ; and before a ma gistrate was appointed, good morals served instead of laws, and love of order instead of civil power ; it is then as unjust tb tax us v.ith turbu lence as it is degrading to reproach us with ignprance and vice. But let us admit that by some train bf reasoning to which we are strangers, by some incomprehensi ble fatility we are cut off from our national rights, and form an unfor tunate exception to those general principles on which your revolution and government are founded ; that there is nO clause for us in the great character of natiire, and that we must look for our freedom to ano ther source ; yet We are not without a claim one arising from solemn stipulation, and according to our ideas full, obligatory, and unequivocal. The third article of the treatv, lately concluded at Paris, declares that " the inhabitants of ' the ceded territory shall be incorporated into the Union of the United States, and admitted as soon as possible, accor ding to the principles of the federal constitution, to the enjoyment of all the rights, advantages and immuni ties of citizens bfthe United States, and in the mean time they shall be protected in the enjoy merit of their liberty, property, and the exercise of the religion they p.ofess." Your honorable body seems to have adoptbd a construction qf this article which would suspend its performance until some period fixed by the princi ples of the constitution, and to have read the article thus : "The inhabi tants shall be incorporated inovthe Union, and admitted to theJqty mclikof all the rights, &c. so oort as the principles of the ; federal con stitutioitvill permit." We, pn the contrary, contend, that the words " according to the, principles of the federal constitution," as they are placed in the sentence, form np Jlimitatidn, that they were intended 1 as a description of the kind of rights j .... j we are to enjoy, or at most relate to the mode in which they were to be L conferred, and that the article con templates no other delay to our recep tion, than wil be required to pass the necessary laMj arid ascertain the representation to "hich we are enti tled. . The inhabitants of the ceded ter ritory, are tax be incorporated intp the Union tf tfcte 'Uunited States." These words can in no sense be satis fied by the act m question. A 'terri tory, governed m the manner the act directs, may be a province of the U. States, but can, by no construction, be said to be incorporated into the Union. To be inorporated into the tlnion, must mean to form a part of it : but to everv competent part of j m the U. States, the constitution has guaranteed a republican form of go vernment ; ancl this, as we have al ready shewn, has no one principle of republicanism in , its composition. It is, therefore, not a compliance with the letter of the treaty, and Js totally inconsistent with its spirit, which certainly intends some stipu lations in our favour. But if Con gress may govern us as they please, what necessity was there for this clause ? or how are we benefited by its introduction ? If any doubt how ever could possibly arise on the first member of the sentence, it must vanish by a consideration of the se cond, which provides for their ad mission, to the rights, priveleges, and immunities of citizens of the U. States. But this government, as we have shewn, is totally incompatible with those rights. Without any vote in the election of our legislature ; without any check upon our execu tive ; without any one incident of self government, what valuable ipri velege" of citizenship is allowed us ? what " right" do we enjoy ? what u immunity" can ve boast, except indeed the degrading exemption from the cares of legislation and the burthen of public affairs ? Will it be said, that though our right be admitted, yet Congress are to determine the period when it shall be conferred ? This, we apprehend would not only be contrary to the words of the treaty, but wuld be a solecism in itself. The words, " ac cording to the principles of the feder al constitution, to enjoyment of the I rights," &c. certainly meari, to such rights, as are secured by the princi ples of the constitution ; or that we are admitted to their enjoyment in such manner as the same principles direct ; and at any rate the words " as soon as possible," can never be construed, so as to give a right ef deferring it indefiuitly. If it may be procrastinated for two years, we see no reason, why it may not be delet ed for twenty or an hundred, or to tally omitted. That our verbal con struction is a true one, will be evi dent from pursuing the other expo sition to itsconseqliences. If treaty means to say that we shall be admit ted as soon as the principles of the constitution will permit, we must look into that instrument to discover what restrictions oppose its immedi ate performance. We should na turally expect if this reasoning be true, to find some period limited be fore which we could notbjecome mernbers of the Union ; some requi sites of population, 01' other circum stance,' to be previously attained or performed ; but on the contrary, the powers of adfnitting new states is vested in Congress, without any re striction whatever, that can be appli cable to the present case ; there is therefore, nothing that curt satisfy these words, if ihey are construed as a limitation; nothing but the will of Congress is referred to in the constitution. This construction then would prove that the United States had stipulated, to admit us into the Unicfrt as soon as they should, think proper ; but a treaty implies a com pact, and what compact, can arise from astipulation to perform, or not perform, as the party shall deem ex pedient ? this wouldibe such a sole cism in argument, such a confusion of terms as "must make 113 doubt the propriety of any construction that leads to them, and we feel ourselves justified in a persuasion, that the treaty intended to incorporate its into the Union so jsoon as the laws ine cessary for that purpose could ;be passed. W knoV hot -with what view the territory North of the 33d degrfee, has. been severed from us and carried wth it the distinguishing name which belonged tb us, and to which we arc ajttached ; the Conveni ence of the inhabitants we humbly apprehend would have been better consulted by preserving the connec tion 6f the whole ' province, until a greater degree df population, made a division; riecessafy. IF this" division should bperAte'sjo as to prolong ou? state of political tutelege ; on account of any supposed deficiency of num bers, we cannot but consider it as injurious to our rights, and there fore enumerate it among those'poihts of which we have reason tb complain.. If there is force in our reclamations, on the great question of fundamental rights if we are entitled to legislate for ourselves as a member of the Union, and to establish the forms on which that legislation shall be conducted, by framing a constitution suited to our own exigencies ; then no further observations need be made on other parts of the law for the right of local legislation implies that of making the alterations, we might deem expedient i the execu tive power would be properly circum scribed, and the legislative guarded against encroachment. There is one subject however extremely in eresting to us, in which great care has been taken to prevent ssjiv interfe rence even of the governor and Coun cil, selected by the President fcim self. The African trade is absolutely prohibited and penalties imposed on a traffic free to all the Atlantic states who chuse to engage in it, and as far as relates to procuring the sub jects ot it irom other states, permit- J ted even in the territory of the Mis sissippi. It is not odr intention to "enter into arguments that have become familiar to every reasoher on this question, ve only ask the right of . deciding it for ourselves, artd bf being placed ?h this respect, on an equal footing with other states. To the necessity of em ploying African labourers, which a rises from climate, and the species of cultivation, pursued in warm lati tudes, is added a reason in this coun try, peculiar to itself. The banks raised to' restrain the waters of the Mississippi, can Only be kept in re pair by those whose natural constitu tion and habits-of labour enable them to resist the combined effects of a deleterious, moisture, and a degree of heat intolerable to whites ; this la bour is great, it requires many hands, is all-important to the very existence of our country. If therefore this traf fic is justifiable any where, it is sure ly in this province, where unless it is permitted cultivation must cease, the improvements of a country be destroyed, and the great river resume its empire over our ruinous fields, and demolished habitations. Another subject not indeed grow ing out of this law, but of great rrio ment to us, is ihe sudden change, of language iri al the public offices and administ ration of justice the great mass of the inhabksnts speak nothing but the French, the late government was always careful in the selection of their officers, to find men who pos sessed our language and with whom' we could personally communicate their judicial proceedings were indeed in the Spanish language ; but being carried on altogether by writing trans lations were easily made at present for the slightest communication,! interpreter must be procured ' in more important concerns our interest suffers from not being" fully explain ed ; a phrase, a circumstance seem ingly of little moment, and which a person uninterested in the affair will not take the trouble to translate, Is frequently decisive, and produces the most important effects - That free communication " so necessary to give the Magistrate a knowledge of the people, and inspire them with confidence in his administration, is by this meanS totally cut off ; and the introductK&of viva vocepleading in the courts oif1 justice," subjects the party, who can neither, understand his Council, his Judge, or the .advo cate of his opponent, to an embarrass ment the most perplexing, and pften, to injuries the most sribi& s stated the! sources Ofisepnteftt, which, have risen froni the measures - ypiu? hbno . rable bpdy has pleaseii . to pursue' did we suppose them the "effect Of asettled desigu vfe bpptess, of a determination- to" disregard our natural ands tipuiatbd l rights we are ;perUaded we should; do aV much injustice to your tuws, a ' the strbngestr exprc-ssiSfiS would do to our feelings of indignation) add grief-r but, tiye will notiosultbu lrjr a suspiciph sp injurious to your Iirio tiyes : the want of truemforipja with respect tp us, pinife:fbtmdd4 bn a Superficial . acuamtanbewitV pur cpuntry, and-jrejudd;reiiw of bur habits' and'manhiexs'pn, rjp.6!' ; the most unfounded YeriaS tchbur language, these alOneJjlave yglyeri rise tothe measures f hich ; W6 complain, and' when these imprest sions shall h a ve been effaced, w have the fullest corifidehce that tKeir effects will cease, aud the language of remonstrance will be changed 16 that of, congratulations and thanks Deeply impressed, therefore With a persuasion that our rights need 1 only be stated, to be recognised aiidl allowed; that the highest glory 0 -a free Nation is a communication of the blessings : and that its best re putation is derived from a sacred re gard 'o treaties. We pray you, re-r presentative of the people, to con- : suit your own fame and our happi ness, by a prompt attention to our prayer we invoke the PRINCIPLES OF YOUR REVOLUTION, the SACRED SELF-EVIDENT, arid ETERNAL TRUTHS on which your governments" are founded, we invoke lhe SOLEMN STIPULA TIONS OF TREATY, we invoke your own PROFESSIONS, OF YOUR FATHERS, and we adjure you not to disavow the one nor dis honor the other, by persevering in a plan so contradictory to every thing; you have said, and they have taught ' so fatal to our happiness, and the reputation of your country, to a gei nerous arid free people. We ought not to urge any motive of interest when those bf honor and duty are so apparent ; but be assured that the true interest of the United State consists in cultivating a spirit of con ciiiation with the inhabitants ' of the territory they have acquired. An nexed to your country by the course bf political, events, it depends upon you to determine whether we shall pay thj cold homage of relAtan subjects, or rendjbr t .e free allegi ance of citizens, ' attached tb your" fortunes by chpice, bound tb ybu, by gratitude for the best blessings, con tributing cheerfully to your advance ment, to those highdestinies,j t which HONOR, LIBERTY, JUS TICE iH conduct you, and dcfeii diag as we solemnly pledge durselves to do, at the risque bf fortune and life, our COMMON CONSTITU- TION, COUNTRY, AND LAWS. WE, THEREFORE, respect-, fully pray, that so much of the law above mentioned, as provide for the temporary government this country, as divides it into two territories, prohtbitsthe importa tion of slaves, be repealed; . . And that prompt and efftcaciou measures may be taken tb incorpo-1 rate the inhabitants of LqUisianaJ into the Union of : the XJnited States, arid dmit them tbidl the rights, privileges arid immunidei ot citizens thereof; And ybu Pedtibhers,' Set; Music and Dancing Achdemy. FRANCIS MAURICE, Prfesfor qf c French Languat Munt and R ESPECTFULLY informs the LX dies luid Centlerfie o the city f Ra leigh and Vicinity, thiit ' he h ojtenftd'a School in Haieigh to teach vthe a6v agreeable andeieant . AccomplUhVnlfrnur Mti Maurice flatten hrniseU tttit the hib deratcterml oh which he engages; Pupili; and the 4rkrattntion he pays to their B . baviouf as well as Instruction, will increaks I the'ndmber of thera, which is already yixf Dancing." . ' . A-T few PapiU will be tahen tolea Ereach. Aug. Wc have . it 1 1 . i ..)

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