. . , , , , : . . . . . -. ..... ,., y . , ."I .V , . . . vr. . . 1 . . . . - . - iii -i ' T I I . ' . ........ .... . - - aJ ' ." " - ' " -.. ' J 7 DEBATE . .. . tk Choice ef Electors. '-BOUSE OF OOfiMOXSjP; of rwelution- offered by !e,?V,; l,v;Do(r ihe State Into ISrofct,.S he State efd.tthy.thfe friend. r.fYbeitMlotiiw introduced .on the l,c Mn, Wilson, proposing Sdt'oefon of Elector., ...1 efif nurstioa bcioc: ta I thcmocioa was negatived 65 to aauu-...- , (4- movcJ' that his XrtlVRsinvxn fee taken up ; Vhich mo- beicg Jgrecd to, i: was rcaJ s . P. f fin Electors to tote lor a Preikut cH-Ke PrtiiaerU of the State, ffrcr: VV t9 t&e prcriMOttf of lb act of Af stnaWjr The question being stated: 4fom iz Chair, ,T- Mr. Z). Cameron moved to ikc rtiU the resolution except thqword .prt: W" and to insert trie louow- 'szby way of amendment: Tlit it ti eiprdient to repeal the elt- tri? electinj: Elector by a joint ballot, J to B:t5Tid br htr for layinfr out the State I asta diitricts to chute fifteen Klectcrs uch Ecctors for O muiue; election to be elecu A hi tie Members of ihis Geoeral Aiser kj reprtscatiog the counties composing Kxidiitr'rCti and hrrriftcr by the freemen lie Sate io their respectiYe til jtricts.w, Mr. S"ne enquired of the Speaker hfitwerein order to move us an a crcdment to t propofhioo under con- titration, the matter of a resolution which the House had just decided it txald not now consider ? Mr. X). Cameron knew of no rule erproceediog of that house which dc cbred such a motion out of order. The houie, it was true,, hid decided 2DSttrlking up hi resolution, but r question was now on its merits, i Mr. itzne did not think it was In crier to ucbte a question rf order. he had harly akrfi lor the decision f the Speaker whether the motion tis in order. It certainly cannot be a crdcr, because it is contrary to enmoo sktnse, tn refuse one moment to consider a subject, and in the next to move it by way of amendment to fcciher preposition. The house cculd wt be tricked out of their will in this y ; if so, it would be in vain to at tempt to do business. He hoped the Chair wcu'd decide. Mr. Stetk aaid, the motion .was Pttfecdy consistent with the rules of proceeding in that house snd all other Regulative bodies with which he had been acquainted Though the house ttjiae to take up a certain; motion, j-Kdcei not preclude a gendeman offcrir the same matter in a pe in which it might be debated, 50 a to afford him an opportunity of to this bouse and 10 the pub chi,rcl.mcms on the subject. If L Chair were to de ide whether or a member Ehall deliver his sent? jtcn noy subject, it would indeed fjercis'rag a very high prerogative. knew 110 other Way inwhich the tPi r n-C0U gct n opportunity Quivering his sentiments on the 5'lcn- . , -'h Mr. rr. W.Janci 8atif it wonld f r!"ted that' the. resolution of. ? by he gentleman from Orange, introduced for the purpose of re :6e law of last session; Vith wgany provision for electibg CI lc"or at the present :time 'by r V froni lhc district. In ue shouM tare toted a. KtSl 1 hx? as P"'posVd in..thlsfa: itrirolution been adopted, FWt PrCVeD,!cd s from:e. " ' hc was t for throwing the KttthtiU tn the drnurc ana fc r . rr m.tn.m : next to piHini oy- 10101 vote of the State away. .7.1 he : matter 01 wis uuicmuutui ucwg Hiuw,uii.i3uusuvUi,c. nesaiQ Qc meaqiiocoo lereni irom.wc rcaoiuuon, uq nucu nne nimseu to tne constitutionality 01 it wt)uld therefore beK received.. He the'question." ,! , wished to have van opportunity- of :Itwodd not.be expecteclJ of, hW shewtner why he was in favor of elect ingby districts, rather than by joint bajlot; . ThtSptailr decbred thfcrhodon to be out of order. The ruuvo(all deliberative bodies, he said, must be founded in common sense; and it would certainly be contrary to the principles of common sense to say, that a subject which the House had just decided it would not consider, honld be immediately recxived by way oi amendment to another propo sition. Mr. D. Cameron appealed to the house from the decision of the chair. Mr. Steele called for the yeas and nays qpon the appeal, which were ta ken and the Speaker decision was affirmed 75 to 54. The question returned bn adopt- lMMf . - X T T 1 1 r m ...titll. m Mr D. Cameron moved to post pone the further consideration of the resolution till Monday next. Ht did ndl make this motion, he said,- from a desire to defeat the election of such Electors as a majority of that house was desirous of electiog. It must have been perceived that his soli mo tive in bringing his proposition be fore the house was, to obtain an ex- pression of the opinion of members on the two different modes of elec- ion. Many 'members differ, in opi nion on this subject j but there were few who would refuse to give the State a vote in any shape. . That members should differ in opinion on a subject of such importance was not wonderful. If men think afall,ihev must difTer In sentiment on every nv portant subject. By this postpone ment, he wished to give members an opportunity of devising. some more acceptable mode of electing the lectors than theone prescribed by the jaw of last session. vMr.C was going into the merits of the resolu tion ; but on a suggestion of Mr. Stone that it was not in order to do o, hedesisted. 4 . Mr. Steele wished to know at what time, and in what manner gentlemen would he at liberty to deliver their o pinions on this subject generally. Surehuthe rules of the house would net deprive them of this opportunity J f f the rules were so defective, he had formed an erroneous opinion of them, and they would require amendment. He had supposed it was one of 'the most valuable privileges of a freeman that his Representative should be beard on any and every.subject which came before the Legislature. ' The Speaker informed the gentle man from Salisbury that he would have an, opportunity of discussing the stil ject fully on the question of adopt ing the resolution the consideration of which was now moved to be post poned. The motion for postponemepi was negatived without a division. The question on adopting the Reso lution, being again before the. House, ; Mr Stone callell for the yeas and nays upon it. - . Mr. Steele moved to strike out the whole of the resolution except. the word 'Reoked? and to nsert the fol lowing as a substitute : ''That this present General As sembly view the act of the last Ge neral Assembly vesting the power of appointing the Electors of President and Vice President of the U. States inthe present Legislature'asuuconsti- Ituuooal nd an infringement upon the biMivb nauv.ui9cui uicircc pcopic 01 North Carolina." " - MKryrTecalied'fo of thetmotion. iHe .hoped the" fist question would be on striking out. . ; ;':The queVtioa was so stated f Mri Steele observed, that though the question was on! striking out only, he hefpid he should 'be permitted to go in to the merits of the question and not only to shew.the propriety of strik ing out the substancc.of the resolution before the house, but of iadopting the ieJ H aroendmerit, which he ironbsed as a Ilk. j ' 2 . . - that he should undertake to prove, bv an elaborate arprument, that the ; free men of North-Caroling ore entitled to exercise and enjoy all the rights and privileges secured to them by the constitution or tne state ana oy usage tinder that Constitution, except so far oniy as tnose ngnts;ana- privileges were surrendered ' or modified in'ex- press terms by the subsequent adop- tion of the Constitution of the United States : He should' have occasion to refer to the State Constitution to sup port and illlustrate the first principles which he should advance. , ' . There is in our Bill of Rights a section which declares, " That a fre quent recurrence to fundamental prin ciples is absolutely necessary to preserve-the blessings of liberty." This declaration he considered as having reference to cases in which the Legis lature might be tempted to transcend its powers and to trespass on forbid den ground. The other departments of the Government are so strictly lim ited, so entirely dependent on the Le gislature that if aany time they pos sessed the disposition to transcend their powers they have not the means in their own hands to become1 formi dable to public liberty, so that it was unnecessary to have a recurrence to first principles in relation to them. But it is not so in respect to the Le gislature. The members composing mis numerous ooay; coming airectiy from the people and presuming on the strength which their confidence in spires, are apt to imagine they are the people themselves, and to suppose that they, have a right to do any thing that the people themselves might do ; j ana unaer ine innuence 01 tms un i 1 . 1 r -ij M founded pretension they sometimes exercise powers never intended, to be delegated to them, and powers which neither they nor the people would to lerate in any other department. With respect ito the tendency of Legislative bodies to encroach on the rights of others and' to extend tneir powers we have high authority. - The present President of the U. States, in 1788, in a series of papers, part of which he wrote recommending the adoption of the Constitution of the United States, makes use ot these re markable words : " the Legislative de partment is every wriere extending the sphere of its authority, and drawing all power into its impetuous vortex. It is againjit the enterprizing ambi tion of this department that the peo ple ought td indulge all tjitir jealousy and exhaust all their precautions." If this sentiment was correct at the time it was written .'and justified by circumstances (and ; Mr. Steele con tended that it wasj he trusted it would not give offence to the friends of Mr. Madison in that house that he had made the quotation and recommend ed it to their isnost serious .considera tion. ' Need I, said Mr. S. attempt to point out cases in which Legislative bodies have transcended their Con stitutional powers 2 The.fact is no torious. Legislative? bodies, in mo ments4 of passion, have ; often done things f which they have afterwardh had cause to regret. But he did not wishto take up, the time -of the house in repeating them.---Cases, even in this happy Sute might be menupned where acts of the Legislature have , been declared by our Judiciary Tri bunals unconstitutional and void. If, then, instances have5 occurred in this oiaie ana outers wnere -juciswiuictvi nave transcenqea . tneir powers, u need not be surprising that the Legis Iature at the last session,in a?monent of temporary delusion transtehded heir po wers . in passings the act now under consideration. - v ; ; 1 : With'reipect''io first principles it yill not be denied by any friend of re-1 puoiican government n ims .legisla ture that all political tSbwerls vested in ana qenveq iromxne peopie oniy andKhiBetegaicd tb be- exercised for their use and happiness according to the forms and with the limitations prescribed in their written constitu tions. J -; It will also1 be admitted that 4hc consdtution of : the United States is1 grant of powers made by the people in ji tneir sovereign ana unnmuea capaci- ty, ana in no respect aeper.dent o or requiring1 the jsanction of the' State Legislatures to give it validity : On the contrary, that the State Legisla tures were placed by the adoption of that constitution, in relation to the af fairs of the general government, in a secondary, if not in a subordinate sta tion; j with duties to perform, with powers limited arid controlled in some instances expressly prohibited and in all 'others confined to the strict letter of the grant, and consequently if the power to appoint Electors is not expressly given to the State Legisla tures by the coristitution,' as it5 is not Confided to any other department of government, it must be retained fey the people. ' V ? " It will also be conceded, that it is of, the genius of a free State and essen tial to the existence v of b Republican Government, that the people should be allowed to vote and 1 to .exercise' a direcinfluence over the proceedings of their public functionaries in all practicable cases. That it! is practi cable for the freemen of North-Carbi lina to vote in the chofce ofTEfectofs for af-President and Vice-President of the United States, has been illustrated and established by the highest possi ble evidence by the uniform practice of twenty years, in the course of which time no instance of violence or confu sion haa arisen, which would justify the Legislature, if they had the po w er, to suspend the exercise of this all important right?; ' I It will also be conceded, that the constitution of the United States be ing a grant of powers made by the people, as is among other things ex pressly Stated in the preamble, for the preservation of their liberties; like all such grants it should be construed in the manner most promotive of, and consistent with the design of the peoJ pie themselves in making the delega tion ; that is:, to say liberally in favor of the rights, of the people, and most strictly against the trustees,' or depo sitaries of theirauithority. Ahd con- sequently, tnougn tne state legisla tures are authorised to direct the manner of fchoosing EtectprSi being confined to the letter of the grants they are not authorised , to I extend their powers by implication, and make the choice themselves. i Having premised these general prin. ciples, Mr. S. recommended them to the consideration of the house, . and hoped the members woulc bear them in mind for the purpose of making an cation of them to the subject un der. consideration. : If these ?ftrinci pies be admitted and thus applied, he had no doubt they,, would Iead the house to this irresistable coaclusion that the act of last session is not jhiy unauthorized by a fair, interpr'uon ot tne woras ot ine constirurjonif oin manitestiy contrary to tne nrstprinxi; oles of Renubhcan Government. 'He asked leaye to roakela, brief aY naiysis 01 init icjjiswuvcpuww jc-, fined in the Constitution of the Unit ed States, ; from ' whichv he :said, t it would be seen that ittpuld ne ver-have been the intention bf Jchepeqple; to transfer; this power- bf electing Eje c tors f orn. thenselves to any other bo dy ;oif men., 'v . -b .' i '' ' By the Constitution of the United States, "the legislative power is con fi- ded to the -Presidfeni,: Senate f and" House of Representatiyesi vThe Pre sident has: a righV tb parlpate inthel ii 'to 5give ioi Capgsi:0- lto?ticne;nfcrinad the UmonV ad to rec AnairTf-rarmn sticfi measures as hejbnav deerrcooducive to the, puh'gb0d andtnereoy lnitiating.iegisiaiive pusi ness ivhich Is equivalent to the cbm mencemintoCit by: motion inieUhe?c house, 'i iHe has ialsb; p weJ by and; with the advice of the Senate to maker! eatiesVaiesiE tieatiesTirri great lruporuon cases, wicnoui uuc r- yehtion of the;Hbuel3f Representa tive? becoflletthMsUp land.vHeasanm ve po i, wiucu is cauea a quaiinea nesauve,; in every case in which it has yet fcen'exercecl, itxhas amqunted tp an7abolute :negaj$j er to stqpja bill in 'jts passge andsencl it back to Congress with nis objections ir-after itfhichit cannot become A lawj except two-diirdsofb determine, which Jias neVer yet;been the 'case-;Vf '':ifly ' f. ; j -. 'T'hese" extensive legislative pow , ers of the President shbW the greatf , interest whicK the" people bve in the elecnonf w V ; ; The cenater'cx)nsjsts rbf . memDers chosen byf,the State AXegis!atures?.-- Thisody!Vials power-il power iii making laws with the Hbuse- qf Representatjyes. ';it'"ijJdw6fi with uve ; Piidentj o rakereatte4 -has naiy ecisioa'onlall im r mehtsinndthV the President; has? the arbintrhent bf kUatpublicbip t ficers. it 'wattn 'jjthe, Scbate thati the , State Legislature were intended j by theCbmtitutipn tolp and there cMyif jM-C''- '"- p' Xhe Hcnise of Representatives hive a cccurrent ppwerA witrih itf passinGr all laws excent in the cass j bnreaties alrwd Mentioned. The " the: Legislature Ithe jeusive powef of originating, money bjlls and the in-y qisitpnaf j pbV o peach ments ; but the Senate' have the : pb)rve camengibney . of passing finaljud peachments so thalt ih the wvcase where the Hc4se of Rerireentatives ' are entrusted with ar exclusive pow-er!-tc Briginatesr pfpeeeding, iheSe- ' 4 nate have powers which uldmately balance anq control tnem. . j 71 l-. lt will be recollected that. the Pre-' sident; Besldl'ssle powers r p hajther;: vast Djbjiertf'ei haVe 9er3aj by no money Uis shall originate but with their immedtatRepresentatiye -and naay it not be Inferred . from; reason, and analogy, that the same, caution wou?d be exteridect in relatibri to 'the'p.cer charged withMthe collec tionand disbursement bf public too- : nies, and7that he,, as well as the mem bers of trie House.bf Representatives . were intended tp fee choseinfieidi ately by. the peopteyv J itibney bill is a mere dead letterintil rt comes into the vhandsof the JP resident to execute it. All the officers concerned in col lecting and disbursing the fmblic. mo- ; nies ace?-.iiqminal3.. " and rqnfir mejjJ? agency of - me sentatives. ; The President having the power 6f earingbirap JTorei ln; trcoursei mayhring the Ration into such'i positionthat shecan neither J -advance with ;j$ajettip -recede with horjburJ;ndhe War; he is i the Qbrnmanier in Chief of the4 fVrmy and Nay v of v me r U States; . ' - and of the militia - when caU44?tp; aUervicert-pf Plfff:J,: the Icntry And ;S Jit piiethatTT IV ' ' .' . ' .', '. -. " ;' . '- m. U. J n n . irhf.nnrl .1 aim nit m . - f:?Tr.V'j:: t?;rmmSmiim:jA 11 it'i: tv of suchan iristanceiof political soi- cide rso regardless oiQ)stsencyiro1t the dictates nf self intestanjef ojiclf; preservation's to vest the, power of ' appomtinthe Electors; of this great officer m any 7o selves ?Th the Ur States who had principally descended v rroms, natives" pi a ortat micaw, swno firbni tiieirieVb theimnftry; strngeftthe ?evo& lutionarv ijrarwith the mother cbuni trythat men thus situated and thus WtrWedi inlechpbJsjbrexpcrU ieliceandj adversityi poWcr of chasing die President' ot the UStatest ibantherBbody?tJiail themscl vef isnconc eif apief itcati. not pe mr. iruc wosMWfUwuv limattpoweW shbulclhavbbeen gnil-; whbAadiliemselves r::n 1 -"fie A."- f-. m KM?. - m - v.: i : 1 i '1 i 4,.:, t I. ) A-.i$ .... ! f A - m Aii', IS A y 1 r . .

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