North Carolina Newspapers

3 . Kb ii' AND i. N0RTH-0AK0I1NA: GAZETTE. Ooiutt th plan of fair, deUgbtful Peace, I'nwarp'd St arty race, to livelike P,rrTlief-.' v FRIDAY, OCTOBER 23, 1S18. NO. 995. VOL. XIX ..VJ 'MJrTf 4 ' jtf' vVe s, ttti tttj t, tt mr n LLULa LW JXE! JUL l! 1: THE SHAKERS. - t recollect to nave seen published to-day. the free conscience of the pro nfiTrf the following Opinion fessor may renounce it to-morrow... 'Trouncl. of Revision of the State of It is, then, no more than a present de o',t!e Council -. o' -ii.w i Wt-uJ .: W thV w in J-mes Chan- v Ynrk on a Dill Passru ,c ottnat stste " lor the rel ief of Eunice ri-nman &e." We think its importance, f relates to the Marriage Connect on -ir1 Relieious L.bertvv ouguno insure iv publicity In Cottvcil, February 27, 181 9 r,mW. That it appears improper to . r- ..,-;i rhf hill entitled an act 1 1 the relief of Rmice Chapman, and for ether purposes;' should become a law of ( hen a former bill for tlie rebefof the j Enme prty was before the Coined it was , nrt deemed necessary ..to-.fj; into the crnwderaticn ot the bill, than to notice the two most obvious e?tionsj wlrch then appeared to arise. I he Coun- ; ril rrcrrdinKh' forbore to express am de- c:dcd opinion, but reserve tor move re- , . ii clirsilrl hpfnmp np. II .: tiifir ipnvp of tlp me- : i.se ot tne me- ; "ritscf 'the .great question now presented j J bv ths bill. I c quesuons irc , w ...c- , icct th 'clefercr.ee they owe to me opnmui j of the two Houses of the .legislature, and. j .- .', , . . i ti e pre-eminent duty ot discharging their trust 'acccrdir.s to tlie dictates ot their J i"(nr-cnt, on -points w.nn.n .ihc.4.uk "' j I'omentaVpruic.ip'es of civil society. The bv tius ui.i. i iiv. vtv. ... . - j divorces, th. t:rnncil tee I it tone tneirso f're them, and they have given to t.iem Jlemn aT1(3 incijSpens;;le duty to oppose the allti e cvreful aiul;.uxioi:s cc.nsiuera.u n j d;sioIution of tbe marriage contract, :for ...i.;. tVn to the nature ot the sub- j. Council thcrct.-re object to wis W r It convinced, that the sum of individual hap" Firtt. because, by toe first se r on of . as t rd prdeJ.iof the d bill. the mama?e contract be- j , b, . h w tween the said Eunice ( hupman and her t . . ll h fnvhl. 1Wflf n. i;,'m.nt:. sintl exalted the human cha n-m.--.riV IIHillllJlKU rac-t r. It is the only basis of domestic hap; iness; and the firm foundation of so cial c rder. - . , ' . u. cr. rA-nr' that institution, tuerelore. a; 'the gre; test ot earthly messmgs, inc il( Tt'.icil tVel the solemnity of their obliga tion to guard it -with scrupulous fidelity. The recital of the bill states, that 44 F.u- j r.ire Chupiran, in the year 1&04, waslaw- I frih married to Jas. Chapman, by wh m j jiie- had three children, ana wun wuom V.c lived until the year 1H 11, u hen the i - James Chapman iibandened his. said wife, without leaving her any .means of support, and won after joined the society cf Shakers, in Kiskayui.a. in the county i t ' Albanv ; tht the snid James Chapman vi.re joining the society of Shakers, has tkcn fn m his wife her children, & now keps them concealed from her, and in tha the m vr'n gc contract between huivand his sad wife is annulled ; 2c that le is not bound to support her, and has pt.biicly f rbid all persons from harbor ing htr, and declared that he would not bJ respe.nsible fi.r her debts." In tlie opinion of the Council, it would be ur.Aviscaiui unsafe to dissolve the con tact cf marriage for the causes stated in ii.. : i total. . The priixipal facts contained in there ri?.!,i.d v.-hichai-c assigned a the .rea si n ft r the diorce, are ist, that tlie bus-, band has abandoned his wife, without provision for her' support,, and refuses to pay any debts contracted by her ; 2d, tSitit lie has tiikcn the children of that Eirnat-e into his own charge and custody atn 3d, haf lie has jcined the society cf Shakers. As to the firt ground, it docs not ap pear by the recital, uiitther the omission tv. the part r f the husb-nu to furr.ish ne cts ants for his w '.fe, was a wiitul neglect ri duty, cr the effect cf poverty and ina bility. It such an abandonment and neglect were wilful, and 'Without justifiable caue, then there is ample redress .already... pro vald f. r her support, by the existing law, TWiiltd " an act concerning divorces, and kr other purposes," passed the 13th of April, U lo ; and if the nt gleet to main tain the wile was occasioned by her own a-.icr.:.duct. or bv the inabilit y of the hus- har.it, thf n such omission is no crime ; and Hair Ik Ifss k it o inLr o-iTiiiAf1 of divorrp. Vpt n the second ground, to wit, that f the hushiind has taken his infint ciiildrtn ' v.iVtler his own exclusix e guardianship and ; c trni,lhe Council pet celve nothing more j than the exercise cf a right which the j liy coivfe! son every father ; and whether j ;n.w.ie vt exercising that parental an- tLt r y, in th:s cas-e, has been discreet and j !Jr: r r otherwise, does not appear. , J s right has been abused, the remedy i- '.n eady provided, in the powers of tlie nanctilor, as superintending guardian of J " i splits (.i an ii.tants. 'The ; third and nly other reason assign ed fef the diwrce is, that the husband Ci'iit (i i-hnkers. ; : r: . It is notorious, and the Council there . rc rtcie.2e-the. ract, tru;ta 'distinguish ing ter.et f that society is, that sexual in ixouie, e en between man and wife, is J;tul and unlawful- Ti.e profession of this article of faith be a mere pretext, in order to obtain an unqualified divorce, as is granted by . . this bill : or it such profession re sincere ... , man, not to cohabit with his wife, revoca- h!e at his own pleasure ; and, the Ccun- pi enn perceive no solid distinction be- tween tms case, anu iae eroiuai v v-.ir3 r.f wilful abandonment, for which the ex j istinp: laws have 'provided a smtable and i adequate rcmHv, bv, affording alimony to j the wife from the estate of the delir qucnt husband. -:"V':"-"'; Tfrmel treatment be complained of. the same existing law affi ids a shield, 'by .. lntr a separation or Uivoi ce trom bed and ijpvd so long as the cause ' ff tiien, maintenar.ee or protection be the in this case the renndv vation cf s,.yuJlI intercourve U the real of c- !a:rt the p irt of this woman the Council fre! constraim d to rpn;nrk that such an aDr:iiCaticn is cfTen- . .y dtccnc - Anxiouslv aware cf" the evils which thrp trn th dearest interests of sr net br increasi thc causes or facilities of d- vprc th: ( VnTiril fctl it to be tlieir so- . - anv other than the sinele cause alreadv any (unci man uic smtic Lauc aticuw provided for by tlie general Uw of this state. Like all other great benefits, matrimo ny, in its universal application, produces manv partial evils and much individual ! sr.fft rinir : but the Council are firmly ref!pcti(n. that the neace and character of many thousands of families are preser ved by the mutual forbearance 'and con cessions betweer husband 'ind wife.w'-.icli are induced by the ever impressive c .rv-i-deration, that the ve!unt".ry tie which beund them can never be di-solved. History and experience unite tocorfinn the belief, that the meastue ri pu:iv. r of profiigvey, in all ccuntries and under every form of government, is essentially graduated according to tiye degree of saiictity and stability cf the marriage 'Con tract; SVcc vllu. The Ccuncil reject to this bill, Ih Cause it r.bsoliitely : unci ndifon ally dissolves tlie cuitrct f iTarri-iee, bv statute authority, withe w ;u v rifvi- ' ous judicial . ir quirv and iriai b utn , as to me trutn i tne lacis n wn;cn u.e ui vorce is founded. Tliis is the first instar.ee of snc!, an ex ercise cf Legislative pouer, not p.ly ir.C2 the ado'tion of our state cm srii:tion, liut .iTicf tlie forma? ion of the ci-Iorv nl'fu York ; and the C -lined tie tn th-s innov:'.-. thn to beunsoui.tl n pi-nc pie,- atidlngli ly dangerous in its-te:!er.cy. In the recitai 'fa stature, entitle' an -ct directing mode of trial, and allpw ing of divorr.es in cases of adu!t-rv," passed the 30th Vay of March, 7H7 the Legislature if this state declared, " tliar it was more advisa e for the Legislature o make some general rovisi n in -surh cases, than to afford relief to individuals upon their partial repiesentatinr.s, with out a just aud constitutional trial of the facts." With great respect, the Council nov advert-to the principle thus early estal isiied in that recital, and .firmly- believe, hat the security of private lights, and tlie genius and spirit of tlie .constitution equire, that, this principle should oz steadily maintained. Tiirdiu. The Council- object to this bill because they deem it inconsistent-' with ihe SSth article of the Constitution "of this state, -which-ordains - "-that the free ex-crc-se i nd -nj yn.c t'i' f re isgu us profes sion ai d worship, without discrimination vr preference snail r orever heieat er be allowed within this state to all mankind : I 'rev id td. That tiie liberty of conscience i.ail iu t be so construed, as to excuse acts f licentiousness, or justify practices in consistent witli the peace and safety of ibis- state." ., .--o;: v ,.; by the second section of the bill now un der consideration, it is enacted, that in all ca-ses where any husband or wife, hav ing any child orchiMr'-n by the nia triage, sliail hereaiter separate, the one from the other, and shall have attached him cr herself to the said Shakers, and shall also take or have taken with him or her, such child or children, being under age, the chancellor, or any judge of the Supreme Court, may award the charge and custo dy of such child or children to that parent who shall not have joined tlie said bocietv of Shakers.' ;;. .-.:: : :"..-: : ;- By the existing general law of this staie, applicable al to all classes of men, excepting slaves, the guardianship, custody and ce-mroi of. infant children, belong exclusively to the Ja!ur; who, by the same general law, is also entitled to the services of his infant children, without accountability. Under the provisions of this bill, the father may be divested cf these precious ! f j and important riehts, for the sole and avowed cauve, that he has become a mem ber of the Society of Shakers. This special regulation is in the nature of a penalty ; and in the opinion of the Council, it is practically making a " cte crvnuialicn" and giving a ' fir.ferencs" whereby the equality of civil rights (as bet won persons of different rcligioas pro fessions) is ctMcntiati'y impaired. ' If the Legislature can constitutionally deprive a man of his parental riehts. merr ly because he is a Shaker, they have an equal right, f-r the same -r.ause, to dis franchise him of every other privilege, or to banish bim, or even to put him to death. ii iie jji -ineipic oe iiiiiiiiueu, ic must rest in discrotion alone how far it shall be carried in the measure of punishment. There is no evidence that the Society ot shakers, are guilty ot any acts cf li I cer.'.ijusness" or of any practices in -I cor distent rjith the peace and safety of ' this state 7" andalthough we may lament. . . ...... . what to us appear al3surd errors in their religious' -creed, yet so Ion?; as thev pre- ! sf-rve the character which they now pos- ! sess, for sobriety, industry and peaceful 1 habis, .the Council cannot rejrard them as i ; h:t' ing forfeited tlie protection secured by J i that article of the constitution. To justify j 1 such an act of denunciation, tlie danger to 4t the piace ad safety of this ftatc" ! must be not merely speculative, 'rt mote j : and possible, but immediate' and certain, i To contlcmn a religious tenet, by b'gis- j! i lative authority, is to assume :i power hi- ! ; therto -mknown in our statute bk ; and i iupn the ;r t mature reflection, the jl i Council are of opinion, that it would In j r.ot only unprecedented in the annals of 1' your statoy init hiirhlv dangerous and a j larming in its consequences, I In if :-rat d to thc jjcople called Shakers, I the' only possible: apprehension of danger ; totiie state, en account of their religK.us ! tVtith and pri'Ctire, arises from the tnet. ! that sexual intercourse Is sinful ; and it is j j worthy ot remark, that if they practice j according to that belief, the very cause from .which danger is apprehended, to f wit, cei.hacu, is.. the very reason v hv that .-ecr r-'-nnot he liroyia'ratetl to anv dantrer- , r.i.s e ent. '1 hr supposed evil, lit refore, J 'carries along with it an effectual remedy. 1. t The ah urriity of that tenet is so plain !i . ar.tt oi; :ous, as to piv e an, antidote se- M o.urit v ..gaM.st any serious danger of its . , p-evalf-n7e, provided the excitement f i persecution be not amieu to that o" fan at- i icisni. lr m:i If pitied as a delusion, but j it ought not to be reg inJ-d is a crime. , Gtdtred, that the Secretary deliver-.. a ! copy of the preceding ' eselution and ob- i it c; ions, legetJii-r wjih the said bill, to the 1 Ij.;ii.rb!e thc Senate. j CHAKLLSD.COOPEK.SecV. '! An aci K tnLli? th 1pmP oT til- 111 os Turirn to-torm a Cnsti utson and-State t.oven.aient, and tor tl.t: afiniiss.oo of Mich S ate u.io tht- L'n tn on n cij-aal Kot;ng v.'jU'i ti e original State. Jbc it eractid hxj the Senate a:?d House of - Kef. raf ntu ttves of the Una id Sfu-'ss of yn.mcu in Con grew aseml-,J Tliat the it.i.abiuiiiVs tt the territory. f iii.noi-. he, and tiiey are hereby, authorized to lorm for themselves a const;tui;n and stale govcrnitnt, aral to assurr.c such name as .they shall deem pivper; and the said state, when firmed, sh.dl be admitted into the union upon the same footing with the original states, in all respects whate ver. Sec . 2. And be it furth -. r enacted That the said sta-c shall consist of all the terri tory included within tlie following boun daries, to wit : beginning at the mouth of the .AY abash river ; thence, up the same, ami. with the line of Indiana, to the north west corner of said state ; thence, eat with t'ne line of the same state, to the middle cf Lake Michigan ; thence, north along thc.itiudle of said lake, to north la t.tude forty-two degrees thirty minutes ; thence, west to the middle of the Missis sippi ri v er ; and thence, dow n a If ng the nhadle tf that river, to its confluence with the Ohio river ; and thence, up the lat ter river, along its northwestern shore, to the beginning : Provided, that the con vention hereinafter provided for, when formed, shall ratify the boundaries afore said ; otherwise they shall be aud remain as now .prescribed by the ordinance for the government of the territory north -est of the river Ohio : Provided also, that the said state shall have concurrent juris diction with thc state of Indiana cn the Wabash river, so far as said river shall form a common boundary to both, and al so concurrent jurisdiction on the Missis sippi river, with any state or states to be formed west thereo:, so far as said river slMtll form a common b undary to both. Sec. 3. And be it Jurther enucted,Tht all white male citizens of the United States, who shall have arrived at the age of twenty-one years, and have resided in said territory six months previous to the day of election, and all persons having in other respects the legal qualifications to vote for Representatives in the General A ssembly of the said territory , be, and they are hereby, authorized to choose Representatives to form a crnveution,who shall be apportioned amongst the suverai counties as follows ; From the county .f Hond,tw Rpresen-1 tatives : from the county of Madron, thrrr 1 Representatives: from' the county of Sr.j Clair, three Representatives : from the; county of Monroe two Representatives :; from the connty of Randolph, two Rt-pre j sentatives : from the county of Jackson, j two Representatives : from the coumy of j Tohns.m, two Representatives : from the! county of Pope, two Representatives : i from the county of CJallitin, three Repre sentatives : from ihe county of YYrhite, two Representatives : from the county of ' Edwards, twt Representatives : fro:i the ' county -of Crawford,two Representatives: j trom the county or union, two Represen tatives ; from the connty of Washington, two Representatives : and from the coun ty of Franklin, two Representatives. And the election for the Representa tives aforesaid shall be holden on the first Monday of J iily next, and the two follow days, throughout the several counties in the said territory, and shall be conducted in the same manner, and under the same regulations, as prescribed by the laws of j the said territory regulating elections therein, f.r members of the House of Re presentatives. Sec. 4 And be it further enacted. That the menders of. the convention, thus duly elected, be, and they are hereby, autho-' nzert to meet at the seat of government of the. s;.id territory, on the first Monday of the month of August next, which conven tion, when met, shall first determine, by a majority of the whole number e Wet ed, whether it be, or be not, expedient at that time to lonn a constitution and state go vennvnt for the people within the said rerritoiy, and, if it be expedient, the con vention ihali be and hereby is authorized to form a constitution and state govern ment ; or, if it be deemed more 'expedi ent, thc said c "lvention shall provide by ordinance for electing representatives to form a constitution or frame of govern ment ; which said representatives shall be chosen in such manner, and in such proportion,' and shall ir.ee.t at such time and place, as shall be prescribed by the said oidhiance, Und shall then form for the people ef said territory a constitution! and sUie government : Provided, that th.e s.uiie, whenever ioj 'i.ed, shall he lie publican, and not retimrnant to the .ii- nance of the thirteen:!; vf Jul)' seie:?ircri ' hundi-ed jirA eighty-seven, h twrc-n the! origrnai states and the people and st it s! of me liver northwest of the rier Ohio ;! excepting so mnch of said articles as re- j late to-the b-"-undaries of the states there-j in to he Wined '.And provided iLo, that t it.sivatl appear, trom the enumeration di i rected to .be nridc by the .legislature of . the -s.i'.d territory,- that there are, within ! the proposi-ri state, not less than forty -tu f)hbiiant5. Sec. 5. Aud be i farther er. acted. That until thc next general census shall be ta 1 n, tlie s dd tt.iUe j hali be er.tiiled to one lit preventative ui the House oi Reprcsen- : taiives of the United States. J h-.c. 6. And beit further enacted, Fhat; the fallowing prop'-sitions b.-, and the s.i rue are hereby, offered to the convention of the said; territory of Illinois, when tornu d, ior their free. acceptance or re- j j cti 11, which, if accepted by the con ven ion, shall be obi g itory upon the Uni ted Suites and the said state. j First. That section numbefcM sixteen,! in every township, and, when such sec- 1 tion has been sold or otherwise disposed j of, other lands equivalent thereto, and as , contiguous as may be, shall be granted to the state, f ;r tlie use of the inhabitants of such -township, for the use cf schools. Second. That all salt springs within such state, and the land reserved for the use of the same, shall be cranted to the said state, for the use of the said state, & the same to be used under such terms and conditions, and regulations, as the legis lature of the said state shall direct: Pro vided, the legislature shall never sell nor lease the same for a longer period, than ten years, at any one time. Thud. That five per cent, of the nett proceeds of the lands lying within such state, and which shall be sold by Con gress, from and after the first day of Jan uary, one thousand eight hundred and nineteen, after deducting all expenses in cident to the same, shall be reserved for the purposes following, viz : two-fifths to be disbursed, under the direction of Con gress, in makiirg roads leading to the state ; the residue to be appropriated, by the legislature of the state, for the encou ragement of learning, of which one-sixth, part shall be exclusively bestowed on a College or Univexsity. . Fourth. -.That thirty-six. sections, or one entire township, which shall be designa ted by the President of the United States, together with the one heretofore reserved for that purpose, shall be reserved fithe use of a seminary of learning, & vested in the Legislature of the said state, to be ap propriated solely to the use of such semi nary by the said Legislature: Provided evvcVSj that the four foregoing proposi tions, herein offered, are on the conditions that the convention of the said state shall provide, by an ordinance irrevocable with out the consent of the United States, that every and each tract of land sold by the United States, from and after the first day of January, one thousand eight hun dred and nineteen, shall remain exempt from aud tax laid by Order, any authority J or. tbf state, whether for state, county, c f township, or any other porpose whatever for he term of five years from and after :he day of sale: And further, that the bounty lands granted, or hereafter to be granted, fir military services during the late war, shall, while they continue 'to bo held by the patentees, cr their hrirs, re main exe'npt,as afiresaid, from all taxes, for the ter n of three yrars from and af ter the d ue of the patents respxtively ; and that all the land-, belonging to the ci tizens f the Uni'ed Stares, residing with out the said st:it' V.i'dl n.iver b taxed higher than lands belonging; to persons re siding therein. Sec. 7. And be ii further evicted. That all parts of the territory of the U States lying north of the state of In lirina. ai.d which was included in the former India na territory, together with that p-rt of the Illinois territory which is situated north of and not included withhi the toun daries prescribed by this act, to the state thereby authorized to be formed, shall be, and hereby is, attached to, and mado a part of, the Michigan territory, from 5c after the formation of the said st ite, sub ject, nevertheless, to be hereafter dispoj. ed of b Congress, according to the right' reserved in the 5th article of the ordinance aforesaid, and the inhabitants therein shall be entitled to the same privileges and immunities, and subject to thc same rules and regulations, in all respects, with the other citizens of the Michigan Territory. April 13, 1813 Approved. j An act to increase the salaries of thc Ju'Jflres " otthe Circuit Court lor the D.Mrict of Co lumbia. Be it enacted by thc Senate and House j of Representatives of the United States ? of America, in Congress assembled. That i in addition to the comnensatioii hereto fore allowed by law to the Judges of the Circuit Court f r the Distriet of Colum bia, the sum of five hundred dollars per armutn be paid to the Chief Justice of the said Court, and the same sum per annum to each of the Assistant Juhges of said Co'zrt, payable qur iter yearly ; the first q.'arteriy payment to be made on the first I y ot April, ont thousand eight hua ihe'! ;rd e ;t en. April 0, i';:8. Approved Ai net authorizing a Si Wription for" the Statistn-ul Anaals o' Adam Strybcrt. and the Purchase of Puk.n's Commercial bU tistic Be it enacted by the Senate and House of Representatives cj the United States if America in Congrc s usscmcli-d. That the Secret uy for. the Dtp;: tment of State be, and he is lit retry, authorized and directed to subscribe fir", . n ' receive, for the use and disposal of Congress, five hundred copies of 'he Statistical Am.als proposed to be published by Adam Sey bert, of Philadelphia ; aad that he also be directed to purchase, for the purpesc aforesaid, two hundred and fifty copies of Pitkin's Commercial Statistics of the Uni ted States. S c. 2. And be it further enacted. That the sum or sums of money ncces:ry io defray the cost of the subscr.piiou and purchase aforesaid, shall not exceed the sum of five thousand seven hundred and fifty dollars; and the s-me is hereb ap propriated, -to be p.iid out of any money m the Treasury not otherwise appropria ted. April 20, 3818 Approved. Jit; the President of the United Mh.lefm k HKitKAS, by an ict of Congrei., passed v on .he 17th of February, 1818, entitled ' an act making proj.visaii tor the establish ment of atldit tonal Land Ofiice3 in the '.ernto ry of Missouri," the President of th United States is authorized to dn ect the public lan.!s, which hare been surveyed in the jd Urrito ry. to be ollered tor sale Therefore, I, James Monroe, President of the United States, do hereby declare & maks known, tiia public sales for the disposal (a. greeafily i law) of certain lands in the terri tory of At issoun, shall be held in Franklin, in said terrrory, v;z : On the first Monday in January next ior the sale of TowudiipaXo 46,to52in-Y elusive and frjct'l town- C la range 19 ship 53 3 43 to 52 and fract'l township 53 5 J 48 to 52 21,22,22 On the first Mondiy in March next, for the sale of Townships 43 to 55 inclusirc,in ranges 24 h 25 48 to 50 2CU2T On he first Monday in May next, for the tale of Townships 51 to 54 indusire.in ranges 1 1 2c 12 51 to 56 13 53 to 56 14&15 excepting the lands which hare been, or may be.reset ved by law,for the support of kchooU, ar.d forother purposes. c Each sale shall continue as long as may be necessary to tuTer the lands for sale. ad n j longer, and the land shall be ofiied m rtgu 1 ier iiuraericsj orurr. Given under rr.y hand, at the city of V'ash ington, this lTih day of Ju'j, one thcix sand eight hu-ulred and eighteen. JAMES MOMtOE. Dy the President 1 - JOS1AH MKIGS. Commissioner of thc.UcoerI LacdUSee 11 1 2 n 1 r. i I,