To the Frcerrfcn dforthC:
IZLUOVr CITIZENS,
- . . . .
Xtcmbetof yoafc?W General-
. arWorited and vatetl forthe law whicn.cnang-'
C3 the metHod of appointing the. Electors. of President
i . n jf..i i T:fr! z4f ?i1r the. Favor
ana v Korrcsiucus. u uc vikl-r -:r-t r , s i
cf your attention: for s few minutes to a statement, wric
he proposes to tnikcfot the motive tvhUh induced him,
and he believes those nho voted with him, to consider the
thanre desirable!.
.. Thft art ftf rmss .snborttomnK Represetltstirer
among the States of the-' Union according ; to ebst cen
sus, did notTeceive the' approbation of the President of
the United-States, so as to become a law, niVthe 2Htot
- ' December last4; and was not lenown to'the General As
t 1 tcmblv dufint? their sessions which terminated on the 23d
I - - of the 'dme m onth' ltbe'came necessary that the la ws of
r. .
i.
t hi-'Srjtr then in force. riirecttDC the choice.of Kepresen
- tatives and the appointment of Electors, should be acted
upon in some raanoer hv the LtgrslaUire, to accommo
date thrm to the charges which .were prob-bij to take
'place in the numbers of each to which ihe State was enti
tled, rhc subject ws postponed till late, in order, if
vpofsible, tharsucji accommodation might takepiac du--'"ring.
the session -Information was, however, at length
received from Washington that the apportionment bill
" would probably not pass Coirgressn season5 for the State
Legislature to make the necessary permanent arrange
'ments before the nert session. To prevent therefore,
; ycur being called upon in August and November next,
to nnke choice of an improper number ofRpreaentatives
and Elcctorsiabill was introduced into the -Seriate by the
grntlemaavof that House from" Orange, Mr. Mehane,
wfaicK tos-passed into the Law that has been the subject
of so much abuse and misrepresentation.
There emitted no difficulty nor difference of opinion
ccnccrriing the proper cocrse to be pursued as it related
to Representatives.. A simple repeal or postponement
Efcction-fromtakintr place in August next, was all that
tntf ca?e scemea to require. 7inu no inwuvcuicutc, u
was apprehended, wouM result from a repeal. . Because,
as the term for which the present members were elected
would not expire ie fore the 4th day of March next, and
x .the time appointed for their successors to meet was the
iim Monday Jn December, 1813, the subject could as
well be legislated upon at the next session of the General
Assembly as'at the last, 'For if there should be reason
to expect a called session of Congress in the course of the
TeaMSIw, there would still be ample time between the
meeting of the Assembly on the third Monday of nextj
ISovcmbervanrJthe fourth; davoi tne rtxiowtng uarcn, 10
divide the State. Into Districts, and forthe elections to be
htldsoasthafthe new Membervcoutd be in rcadinesv toJ
take' the places of rthe present members, if necessary,
in a.srssion to commence on the Utter day. The earliest
possible day on which they could be called upon to serve,
if provision could have been made for their election in
August next.. The- bill, therefore, introduced, as men
tiopt! above, by the gentleman from Orange, provided
for the repeal of the act of 1102 dividing the State into
districts for the choice of "Representatives ind directed
thjtthe Electors forthe neatchoiceof President and Vice
President shall be arjpointedbyjmnt ballot of both Houses
cf the General Assembly ; and in this form it passed in-
to a law. . ' lyjx'
The misrepresentations oflhe enemies of this lawren
dcr it proper in this place explicitly to declare, that it 'eon-
' tains co provision for theappointment of Representatives
by the Assembly.' It may not perhaps be known to all.
but the truth- is that report, has been industriously
circulated that the law docs contain such a provision. The
writer does not rccoHe that he has met with such a
charge published in the-papers, but he has frequently, to
Jus astonishment, heard it in conversation, and made by
-persons from whom he had expected better information
, of the contrnts of tlje act. ,
One thing more relative to the choice of Representa
tives, Neither the friends nor the enemies of the bill,
while before the Legislature seem to have considered
possible that its intention and effect could be so far mis
taken or perverted as to prevent filling a vacancy occa
sicned by-the death of one of the Representatives from
the State previously elected. The Journal of the House
cf Commons' shews, that Mr. J. Cameron's motion on
the setfond reading of the bill, yoted for by all its enemies
as well as by some of its friends,contemplated retaining
so much of the bill as repealed the act of 1802 dividing
the State into districts for the choiccof Representatives:
Arid Mr. Phifer's motion on the third reading, supported
by very nearly the same votes, expressly contained these
words. u That the aforesaid act directing the election
of Representatives to Congress, be, and the same is
hereby rencaied.,, So that all the members of thr House
- r)f Commons, without a single exception, appear by their
vote to have considered that the provision in the Consti
tiitiun. " When vacancies happenn the Representation
from any State, the-executive authority thereof shall)
;Wtvt f nFvwtinn to fill sucn vacancies, uocs noc
V . require the aid of the Legislature to point out to what
' . Coubtirs writs, of election should issue to fill a tjcancy
Siumber of 'Electors equal to'theTwhole nurpber of-Sena-
sent law for appointing'Eleaors thit - the Co Aventidri
which frameolthe.'Cdnnitution '-did not intendiihatahe
Assembly but that'the People, should appointthe .lecr
tors Because, in directine the choice ofehators,; af
chojee intended ;ta be xonfinsd to the Legislatuf hi, that,:
Bcyxxpfessed themselves differently, thus-i-4 The SeV
Hiateuf thejUnited States sha be composeovottwcr2e
4natora from caca State, chosen:by teLegtslature tberedf
4i for six vcars. To the inferenctr madefrorri hence, it
Js.a sufficient answer to state, nhat whenn the Conyentiorv
meant to confine the choice to the people,is of Represen.
tatives; and to exclude a choice by the "Legislatures, they
have used a form of expression iraicuiatea precisely to. do
tain their object Thus : 44 The. House of Representa
44 tives shall bexomposeci of Members chosen every se-
r
. c: -ionYd for example, by the deathol Ueoerai mount.
. . -cii.by therCouDties of bdgecomb, fitt, Ucautori,
v',HMc: T-vrrell and Washink'on. . So far otherwise, that
4t Joes not appear a reason, can readily be given, why
ryen if the Legislature had passed an act expressly pro-
" hlbitino the Executive from issuing such writs, a Govcn-
or should hesitate to obey th? Constitutlt nal injunction, the
. a-CglSiailvc,proaiuiiMJijiu .... v.4.
But to pass-on to that part of the act which directs the
0 Tt will not "be contended Her e.tat this direction would be
'.U if In opposition to the letter or jpint of the Const!-
t00 unt oeiorc coicucc oi conucmnauon is pro
drena too highly of yxur candor and good sense to doubt
your willingnesslo examine the subject.
..The second article o! the constitution of .the United
States, after declaring that theexecurlvc power, shall be
vested, in a President, and the term for which he shall
fcicond vear bv" the people of the several States." It
therefore evidently appearsy it wasf not the intention ol
tne uonvenuon inai uie cnoigc ui tL,swi9 shuuj ucvo-
Ijs-arjly be made by the People. -But an examination of the
words ano torm oi expression usea joy tne LonsiKuuuu,,
in providing forthe appointment ofElcctorswillcondQct
us more immediately to our object in our endeavors to
arrive at a cprrect construction ol the prtnow to. Iks con
sidered. '-The words, V Each State siatl appoint in such
manner at the Legislature thereof may rfwf," appear in
their most obvious meaning, and considered independent
ly of their connection with other provisions, -to contain no
limitation upon the Legislature in directing the manner
of that appointment. Take them in connection 'with
other parts of the Constitution, and lctv us examine what
change is produced. They contain an injunction upon
the States respectively, to perform an act. A'nl if it shall
appear, upon lodxmgthrough the Constitution, tnatm all
other parts of that instrument, whenever a State nj tin
ed to jcf, or prohibited tram txting httccmmand or pro
hibition applies, invariably to the constituted authorities,
and never to the People, we certainly shall have room to
conclude, that the word State is not necessaruused in
this instance in a sense different from that in which the
same word is used in the same instrumenton every other
similar occasion. Tne Constitution does riot contain
many instances in which the States are commandedto act.
Almost the only one besides that at present under const -J
aeration, is tnaTartoi tne-ium sccuon oi incursi
cle which provides that the net produce of 'all duties and
nnposts, laid by anv St rte on imports and exports, .shall
be' for the useof.the Treasury of theU S. which mani
festly applies as an injunction uponthe State Legislatures ,,
who, with the consent of Ccngress,hall lay such duties &
imposts. There are many instances in which the States
are prohibited from -acting.; of which the same lDthsec
tion contains a number. : " No "State shall enter into
44 any treaty, alliance or confederation ; grant letters of
marque and reprisal ; coin money, emit bills.pf credit,
44 make any thing butgold and silver com a tender in
" payment of debtsc. &c In all ofwhfch, and in
every other that can be cited, the prohibitions tcTthe States
manifesUy applv to their Legislatures, as the organs by
which the States act upon these subjects.
But the word appoint, in the expression "Each State
shall appoint," is still more forcible to shew that the
Constitution does not" intend that the selection of Elect)
ors shall be confined to the people Because it may be as
serted with confid;nce that the word-appoint is not used
jn any instance, either in the Constitution' of the.'Unired
States, nor in the Constitution of any one of the individual
States, as descriptive ofal selection of persons to be made
by the people for any purpose whatever. When a ielec
tion or choice is directed to be made by the people, the
words descriptive of the operation, are invariably ctioo&e
and eltct. Is it not therefore fai to presume that the
word appoint is in this instance used in a sense universal
ly and without excepuon appropriattd to it in all the con.
stitutions, as wt-ll of the United States as of the mdividuJ
al States ; ana tnat msteaa oi an injunction to cnoos or
elect the Electors by the Pe "ple, as eontenliecl for by the
opponents to our Electoral Law, the Convention. intend
ed that the Legislators should be left at liberty to direct
that the Electors should be appointed by joint ballot ot
both Houses of the General Assembly ; as appointments
are usual.) made under "the State-Constitution of North-
Carolina and some others; or by the Governor andf
Council, as appointments are made in New Hamp
shire, Massachusetts, &c. or by the Council of Appoint-
ments. as in New-York ; or by the Governoryas in Penn
sy I vacua.; or by the Governor and Senate as In Kentucky,
Delaware, &c. ; or by any other constitutional organ es
tablished & used in the States for the purpose of making
Appointments,- or, perhaps as has beenone in somejeases
that the Legislatures may create anoran for the purpose
of making the Appointments of Electors unknown to the.
v,uiibmuuuH5i xu cuoiormuy wun inis last iaea tne act
of the Legislature of South-Carolina of the 4th Nbvem
ber,1788, directing the appointment of Electors, provides
14 that they shall be appointed by the LeDislature of this
" State on the first Wednesday of January next, or by.
4 such persons asyjhall be returned members thereof and
snau attend on that day' So, the appointment of E
lectors for the. State of North. Carolina made in the year
1792, was made by the Members of he Legislature di
vided into sections, and not by thfcm collectively as" a Le
gislature. . ' v
A further evidence of the meaning of the Constitution:
It will not be conceding too much to the fidelity and pa
triotism of those distinguished men, amonjr'whom were
Washington and Franklin, convened by the resolution of
Congress of the 21st of February,; 1787 for the express
44 purpose of revising the articles of Confederation to
suppose they were well acquainted wittf the proyislons of
the. Articles of Confederation, and with the praaice uni
der them ; nor to their prudence; to suppose tf(at wfien,
by long and uniform practice under a provision of the
Articles of CbnfederationVa particuUrYorrh 6f exnressinn
had acquired a.settled and practical meanimr.wth.Con-
:.i i . . . - , . - - i. ".s .; .
vcuuou yowa not aaopt. tne same form ofiexpressibn
cnSfelV cfifferent meaning fifth
of. Antles
perpe tuat tJnion begins n these or
44 Fojr the more convenient rhanage
Vment fbl ttie'gehefal interestsf the
United States Delegates' shall be
" anhiiall v abhothted in such manner
"as the Legislature of each Stute shall
'direct, to meet in tGpngiress,' 8c'ci,,-
Under this provision! exactly jn the
wprdsof.the Constitptionthe Legts
tatupeufpointeiihi Delates to Con-gress.,-
They aumbriseathvKxecut
iyes to appoint them, &c. But in no
instance is't known pr believed that
tbe neopleFchose the Delegates ;tb
Congress lunder theCpnfederation
Nor can it be fair to Stippose that the
Convention meant" to confine;; the
choice of Electors to the people when
they adopted a form of expression in
prescribing the macn er low .hi tnc se
appomtments should be directed long
universally receivetl ana -practised
under djflcreritlyw v i'-'&'V
As further evidence of the mean
ing of this provision of the Constitu
tion we may cite the understahdinj
andpractice of the States sinceitSj
tablishment. M anf very respecto
States have invariably appointed theirs
Electors py their i.egiiawrcs.
it is believed that art did so wnicn
were in the Union when the first Pre
sident wasT chosen. Massachusetts,1
Connecticut, Vermont, New-Yprk?
Delaware, bouth-Carolina and Geor-
gia appointed their Ejectors by their
Legislatures at the last -.election. -Pennsylvania
has repeatedly so. ap
pointed her Electors. In the year
1792 North Carolina appointedVby
the Members of the Legislature as
before escribed. The votes of E-
lectors appointed by the Legislatures
have been uniformly received and
have determined the choice of Presw
dent. Washington, Adams, Jefferson
and Madisbn Jiave all been elected by
Electors appointed by the Legisla
tures of the States. And never was
it discovered nor serioiisiv Hedged,
till by the mmority of ft orth Carolina,
thartbese things were done in direct
opposition to xnfe Constitution of te
United States. .
Therefore, from the words of the
Constitution directing the appoint
ment of Eloctorsfrom their analogy
as used in this provision withthe inj
dubirable meaoinduf thenv in other
parts of the same lhstrurnent, as well
as in the onsutunons or tne oiates
and in the. articles of Xonfederatiop ;
from the invariable practice of many
of theStates nder thelnstitution,
the dccasional practicc-N6f Qtheh, and
the universal practice unger4ne,uon
ederation ; and from-mmertogmi
versal acquiescence, itprndunced
not to be unconstituttQnqiJth&t ther.
lector3 of President and; Vice Presi
dent should beappointed by joint bal
lot df th 'tlousea of the General
Assembly., v.
A NORTH C U0L1NJAN.
Governor, dubtain Gff.;j
'V-
TXTHEREAS I h,Te received frL
V V the Secretary of S.,e 0f ihe ,?
Fan art ofConire&lan:if'., ,u
June instant, declarirfg War to txvst h
tweeti thj,: United Kinedom of: Qrt
Britain 'fidct Ireland and the dept,j
ciesbwepf;;ana;thjp,tjniled
America "and tht ir territories I
frAiiasir isHe indispensable duty of
every State in the. Union, with aS! the
means' insits pbwer, to! co-operaie u
the-Oeneral Governmenl in carrvinp nr
io v ar wun iae uirnoat vigor and ac
3t $atfe,crtforry thought proper tois.
sue ih' ppocumztiotiy h ;reby r quj.
ihtg and enj iinin all Ufficcrs, Civil J.
Militaryj in the bate of 'Nort Gsrolina
I according to, the dunes; 6f their respeci.
tve stations, to be vigilant huuportfn
:h4r &$niry- thiouh the contest in
1 whch4sbe is at present engaged :
ttS. turner, l do rierehy-earnestly fx.
I . .... i.i v.. i . j r . ki
Abandon party, prejudich and dtstinC.
tixand toive theirjwajtei and vipu
adopted bythettitted Aufhoriiies
as well forcmitigating the evils of war
to our own citkens, as tornafcc it effec
tual aaist the enemy ; "and ipr re5to!
ringthe blesbings of Peace, upon grou-di
compatible with the honor, dignity and
independence of the United States.
3In ttstimat fe6wof, I have caused
' thoreat 'Seatt' the State to be
hereunto afiixed, & signed the sa
at the City of Raleigh. tJie- 30th day
of June, in the Year of our Lord ont
thousand eight hundred anjrl twelve
and of the United States tfie thirty.'
sixth.
L. S.
4JfiWILL BE SOLD,- " ;-.
In Morgantopi, Bwke Ccj&n N C. on tie
' '. li.dayqf Auguaa nexf, . J'r
THE folio wing Tracts o,Land, or so
much thereof as will be sufficient to sa
tisfy ihe Taxes due thereon for'tbeycars 1810
and 1811,- with the,m of advertising,- &c.
" 50 Acres on th Waters of Oro wrung creek,
the waters of the Catawba river, given in ft
the natpe of John. Bailey, for the year 1810,
rWjgiven in for the year 181 (. . '
JCjQ Acres, iven in iii the nirhe of Nicholas
Fry, on the waters of Drowning creek,' for
the year 1610, not given in forthe year, 1811.
700 Acres, given in in the nameof Henry
Miller, lying on the waters of the south fork
of the Catawba river, in different tracts; for
the years 1810 and 1CU,
250 Acres, given - m the name of Jonathan
Howard, lying" oh G'oughlasVxetk the wai
tersofthe South forklriver, lor the year J 811.
200 Acres, "gven in in the tiaSe of David
ArDawellying on the waterot ower
creek, for the year 1810, - ' V,
' 200 Acres, given in in the name of JohrJ
Baker, lying on .the pouble Branbhes, the
waters of the Catawba, joining James.Low-
ing, for 1811. - (' i
100 Acres, lying on Gillaspie's Bfincb, the
waters f the' Catawba river, joining Tilman
Walton's lands, as thefpropety of Bridget
Montgomery's herrs, rnot given in "ior the
years 1810 and 1811. ; . :t I
300 Acres, given in in thetuame of James
Alexander, lying on the waters of the Upper
Creek, for the year 1810. -r V I
f June 13. HUGH 'TATE, Shff.
. 'JTj The lands advertised in--the names of
JohrtJSailey and Nicholas-Fryr will be double
taxfldas riftt. p-iven.in. accordrnAtn tawllfar
o . - I
fl.811 'jna those fn the name, of Bridget J
Aoontgomery's heirs, will be double taxed, as
riot give in tpuhe year 1810 tnd 1811 y
WILLIAM HAWKINS,
By Hit Excellency ''ebTnmutnl,
WM. HILL, Secretary of State.
ADJ UTANT-GE NER AL's OfFICiS,"
. 1 Raleigh, June 25, 1312.
I AM instructed by his "Excellency the Com
mander in Chief,. to notify those Offiren
of the' Mlkia ' of North-Carolina who bave
been called fipbn for their proportions of th
Kequisition lately rpsde the President of th
United S:ates,vt make immediate returns of
the same in the manner directed : War hayinj
been declared, the ieTvciif of the Milrtia wjll
unquestionably be veryitiortly required, and
the necessity of:bein0 a state of read.nes
is absolute.' , The aUnhecessary! delay iit
any officer will be considered a neglect of duty,
highly culpable. f'- J&. '
I am also instructed to , inform the Militia
who compose the detachment that his Eicc!
lency the Commander irjtjChief has just been
advised "by5 the Secretary 6ry ar, xtixttm
thousand stand of arm, will be immediately
sent to thi state and placed at His disposal, in
conformity to-the act of Confess for wmmf .
the whole body of the. Militia ;; and that ;t is
iiiwiucu uicsc arms ocpuiinto ine nancj
of the Druchment when calif d info service.
; CALVilSf JONES.
CHAKLES PARISH,
RETURNS his grateful acknowledgements
tohis friends and the public, for cjbe libe
ral encouragement tbeyi Have given him here
to fore, in his line of business, and informs thea-,
tnat nis large and commodious lhree Mor
Brtck Building, at the Sign of
THE! EAGLE,
North of the State-House, is' now in complete
order to receive' Boarders and Travellers
where he earnestly "solicits a continuance cf
their patronace. He pledges hMnselt that no
thirigton his part shall bex wanting to rendff
general aatijSractiQn ro au tnose no tayorara
with theircustom.' Honest and active servant!
alme will be engaged ! and his Stabfes will
iwhaps e excelled, by none.
. pity jBtuldinpJJ)t&, -
wTi i -BP cm n r";';
OR LET ON SUILDING XBASES,
SEVER'Al; handsome; LOTS, in good ritii;
. "ations for Basin ess, near the Court-house
in Rileighr&nd convenient to one of the best
Abiqut ninety Acres of Land. within . f
mues o lue vity, aooof nc naii-cieaxea.
Appy to GleVs Bool?'StoTe;
TO UNDERTAKERS.
WILL be let to the; lowest Bidder, in tb
i Town of Greensboro. Guilford County,
on Friday the 2 1st of -August next, (oemg is
Court week,) the BUILDING A JAIL '
the County. : It wll be an undertaking of cob
siderable magnitude, well worth the ateut os
of Workmen. .The terms of payment will be
maderknown on the dayl Bond, with appw
ed security, for the faithful performance ofat
contract, will be required. - ; r - 'f
: ' i WoniefGallespie,$
;r ; ' yamezMUU,
. . Nation Armfieldy I
: MrahahyGtren J ;
GreensHoro'i June 12;481,2.
ji
OJ
- THEUBSCRIBER,
BEING desirouMo renfove into the Con'
try, offers the HOUrSE ahd LOTS whett
he noiv occupies ieranjf for sale.
deems it unnecessary tip gjfye av Pf rticulr X
scription, a$ he supposes any person inciio iW
to priKhase, will viewthe premises, ffi' '
I tQi$ay that the MVMtages jwnicni w '
erty possesses, eithera$: to locjai t""'
convenie rmprovements,!or' a $rore or
vernareeualoot sftierfer, to any
'a.riaio$ surpassed By any fll
'upper ebnntry.' f :p, -.ft: ; , .
htm fae expfctedsflffl ;
ment, and possession given whenever reju ;
lvfav'h hWit t: Gajfis Store
? V- p(CeC&str6ther,s
On Canvais and Rollers;
H-CAROLW
'HALEIOH i PhIhtid it G ALE S 13. SKATON,'
t c
AdTcrciiemenTsnot ezceetfinrthiHT meiimcrteWrhe firt t mfnt. H.irTiii, i-AiuT. n.i.JJ.L i.--jii? ?J$rK -
W , - . . . w ttwiin wuhi M1UIU1 UtlCt lUA(rU.lUWVCGUUlK aU
.
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