. $ ''''' ' ;' ' AH NEfH-GAEOLINi "OURS are the plaks of fair DELIGHTFUL FKACE, ' UXWAUP'd BY PAUTT RAOE, TO LIVE LIKE BROTHERS VOLUME XXXYI. TUESDAY, JULY 21, (835. NO. 35: ' "a" '- $- A! IT' : rmtlSHEBl XTI11T TCESDATt JET y &pscph Gates Son. TfTwrit Dot.t.ah per rjnrmm one half in mlvance Thowwho J not, either nrthe time of suhsfcritmtr or ulaqiieritly,iffiv notice of their wish to have the Piiper hswvntirtneit' at the expiration: of the yr. will lw presumed as desiring Us continuance iintil countermanded. ' Not exreexlinc: ni.rteni line i, xviTl he Inserted three times for 8 Dollar; and tyerity-ftve cents for each si!edurnt publication: those ef prenter length, in proportion. If the imrmher of insertions he nt mn-fd on them,, they will be continued until nr. drredi out, aniFchared accordingly. i' - STATE COZVYEXTIOIV. Mr. GASTON'S SPEECH Concluded- If the dissatisfaction caused by unequal representation -be so extensive and so well fourfitled, aRijitliiippnsaKy to rrquire the correction of-tKis vil ; if the duty of re form ba been erijoined upon us by the People, anil we have solemnly sworn not to evade its perforlnanee ; and if we find the principles of the proposed adjustment fair ahd equitable, ' we ouglit not toiesi tate to cany out these principles into full execution. The organic Act under which w e are assembled commands that the num ber of the Senate should not be less than thirty-four nor more than fifty and that bf the Hous? of Commons hot less than ninety nor more than;one hundred and twenty. We have already decided by an almost unanimousf yoice to, support the recommendation of the Committee so far as it advises that the Senate shall consist of fifty, but their recommendation that the ether House shall consist of one' hundred and twenty, is violently opposed. Upon the best consideration he did think, and therefore was obliged to say, that this opposition was unreasonable. The people tad fited a maximum and a minimum for each Houe fifty , and thirty-four, for the Houe which represents property one hundred and twenty, and ninety, for the House which represents population. It jmossible not to admit that the max wum a r.d ' min imttrn in the two Houses bust hae been selected upon the belief lhat they severally stand in a proper rela tion to each other. ISo far as the will of the people is declared in this adjustment, obedience is our duty. Where it is not explicitly declaied, but nr.ay nevertheless be satisfactorily1 collected, we should endeavor-, faithfully to follow it out. We have1 resolved to take the maximum for the Senate Gan we do otherwise than .adopt the maximum zUo for the House of Commons, without violating the spirit of the adjustment ? What reason can beas sigiitd (or tlisrearding; the proportion wh ch is so plainly marked out in the act ? It had been objected, that the propor-. titin was tlflferent from that which now :;r iiii rd in the two; branches of our Te g slftture, for that they stand to each other in die rrl&tion ofone to two. Hut if the .Mp!e h.ave indicated that a different pro portion should prevail r-if they have said 4hat the Senate might be reduced to thir-tt-four, but if so the House f Commons hou'd consist of at least ninety that the lu"er House mijht extend to one hundred find twenty, bt if so, the former should nevertheless not exceed fifty; are we, whose province it is to execute this plan, to stt in judgment upon it and practically to disM'gard it ? He admitted thatit was in oui potr'er, under the worIs of the act, to pay no attetition to the proportions set forth in it to adopt the maximum for the -Senate and ihe minimum for the House of Commons. But were we to do so, he felt a full conviction that we should, but keep the word of promise to the ear and break it to ihe sense. With this conviction, it was unnecessary for hirr. to point out any reason why the relative proportions as they now exist between the two Mouses, had been to some extent departed from in the plan of adjustment recommended by the People. But there occurred to him one so plain and irresistible that he could not lorbea" from, mentioning it. The Senate representing property, was constituted on the principle u taxation and this princi ple was earned out thordtfgMu and with out exception. But the nrTiHHnle of num bers on which the House of Commons was based, was-not carried out iJiorouhhh n wax fcuou'cteu to an excr-ntum vpi v . :.: ..t i... .. i ; .i ' .. t- jjrwpri iii,iir.cii,,uui wmrn practically nar; rowed the rang! of its operation. To-pre-vent too violent a shock tojlong continu ed usages the act provided that every eout.tyjn tlState, whatever might be its pnjiultiiion fl'itinuh have at least one mem- her. U v repeated that tbis was a very proper provision; and one wjithout which, he eer could have yielded a cheerful assent' to the proposed arrangement ; but it wasa -provision which in practice great ly aflpcied the basis of representation. Theie .were sixty five counties rn the State -reach 'pf .which, without regard to its timbers must have a member. If the .Iiouseof Commons then consisted of sixty me members only, the exception would 'Mroy the rult. altogether,' and each countv w.mldvbe equally represented. ""s it Mill be seen that the practical op emtioa oj the rule is not updn the 'whok number of. members in that House, but only ;on the excess of that number over: sixtyvfive Make the number ninety, and trie principle "will' be felt only in the apportionment of -tvyentyfive. Make it as proposed, one hundred and twenty, and it is felt but in the apportfonment of fifsy-five-iand this is but five more than the entire "number of your Senate. Where 'hrn is the ground for this clamor ? But it is urged f hnt the number one hun dredwiM wive the East for the present a greater relative strength than the number one hundred 8nd twenty. This may be a conclusive argument (supposing, it to be founded in fact) with those who came here not with the purpose of allaying (he strife which has distracted our land, but in order to assist to tlie full extent of their power, whatever may affect the. present state of things. He had. not himself exa mined so as to be able to pronounce con fidentlv as to the result of the calculations which were made. He believed however that at the number 100, the proportion in the House of Commons would s'anl,con sidering Robeson, and Person as Western counties, 47 to 53 considering them as neutral, 47 to 51 as Eastern, 49 to 50 and that at the number 120, the propor tion would be,'.. considering Robeson and Person as Western counties, 55 t 65 as neutral, 55 to 6.1 & as Eastern 59 to 61. In both cases there wou'd be a small ma jority on the side of the West, which couid not be varied more than four by -adopting either of the proposed numbers. It (lit! seem to him any thing but wisdom to con sider this difference as furnishing a justi fication to gentlemen from the East for the prodigious alarm they hail sounded, much lels for adeparturu from the spirit of the rule of adjustment enjoined upon the Convention. In the Senate, as fixed j at 50, there is a clear majority of at least four and probably six members on the part of the East and no act of legislation can be passed but by the concurrent will ofboth Houses. Joint action never takes place but in making appointments to of fice and nothing can more clearly shew that appointments are not governed mere ly by. sectional feelings than the fact that with an undisputed majority on the pait of the East, more than half of the promi nent appointments made by the Legjisla ture are actually filled by Western men. The fact is, that when appointments take place, the disturbing causes which agitate the Legislature usually arise from.-party politics from Federal and not Stale divi sions ; and these, in consequence of the prevailing influence of the General Gov ernment, are to be found East as well as West of Raleigh. But is it possible that in our delibera tions upon this subjeet, we should be go verned by the paltry considerations of temporary advantage ? The arrangement now to be made is for perpetuity, for us and our posterity never to be altered unless the people should again agree, and he trusted they would not for a century to change their Constitution. Make it right, so that it may last. Make it right, for the effect of .it will be to obliterate those very sectional divisions which have heretofore prevailed. hen the repre sentation in both Houses shall be based upon approved principles, it, will be im possible much longer to keep up these di visions. There will be nothing "for East" and West to differ about a East & West. Other parties other divisions may arise, butthe existingdifierences must ultimate ly vanish with the causes which created them. Make it right, for whatever mav be its immediate operation, it baffles ai ! skill at calculation to foretell what will be its effect a few years hence. ' Wealth will change. Numbers will change. The character of the population will change. Towards the West there are comparative ly but few slaves, but as their mining op erations shall advance and their manufac tures shall." be extended, slaves will be multiplied in that region, for it was a law of Nature tJJat men would not work when they could get others to work for them. It should be borne in mind too, that there is a large territory within the limits of the State occupied by the Cherokees, to which the Indian title must be extinguished with in a year or two. j .: When this territory shall be given up?tsus it will sustain a population sufficient for several counties, and as the number of our Legislature which we noW establish is not to change, it should be made large endugh to be accommodated to the then increased numbers of our peo ple. ' . He saw then no cause to disapprove of anv part of the Report presented by the Committee of twenty-six. There were, however, some matters intimately con nected with the -subject matter ot that Report, in regard to which it was silent but which must be settled by tire Conven tion. The Act to which he had so-fre-qucntly referred, provided that no county should be divided in the formation of a Senatorial district but with respect to the apportionment of the members of the House of Commons, it gave the Conven tion a more unlimited power. It directed that with respect to these members (ex cept those from the towns which were to be excluded in whole or in part from the Convention) they should be apportioned upon the rule of federal numbers, to be elected by counties or dittricts, er both.' This parfe of the act had given him great difficulty, and a I thorigh he was by no means confident thit he had ultimately adopted1 the proper construction of it, he was desirous to submit that construction lor the deliberate examination of the Con vention. An exact apportionment accord ing to numbers could; be made in one way only by dividing the whole State into election districts containing equal popu lation, without regard to the separate ex istence of counties oi to the habitudes a rising from them which had so long bound their citizens together. This would be such a violent disruption of ancient ties such an inroad upon the usages of the country from its first settlement that he could not believe tha it was contemplat ed. If however he entertained any doubts upon this point, they wei e repelled by the provision which followed, but each coun ty shall have at least one member in the House of Commons although it may not contain the requisite ratio of population." Such a provision never "would have been made if the whole State were resigned to be broken up into equal districts. An election by counties or by districts, or by both, is placed at your discretion, and the basis of representation is federal num bers. An apportionment bv counties, or by districts, other than that which we have seen could not have been contempla ted, must leave large fractions. Not one county can be found which lias pre cise'y tiie ratio, or twice or three times the ratio of representation. The enquiry'is, what must be done with these excesses ? They cannot be disregarded for they form in the aggregate a large part of he population of the Sfate and no disposi tion can be made of them by counties, or by districts, or by both, which shall be in precise conformity with the prescribed basis of representation. The Legislature and the People could not intend to pre scribe to the Convention an impracticable duty. He therefore interpreted the' act as laying down the rule of federal num bers as-the general principle for their ac tion, giving them a discretion to apply it to counties, or districts, or both, as should appear to them most equitable and most conducive to the public weal. But two plans have been suggested. The one was to assign teach County the number or members' to which it was enti tled, according to the ratio of represeiita- tton, disregarding its excess and then to constitute, districts of the counties hav ing excesses, and assign to these the ad ditional members, in the election of which the citizens of all these counties should vote. For instance, sunnose the ratio of representation to be fixed ati i b,c00, the county of Orange having a fe deral populaton of 0,958, will be enti tled to three members, and then have an unrepresented fraction of 1.458 ; and the county of Caswell, containing 12.61 1 , will be entitled to one member, and have an unrepresented exce?s of 6,111. Those excesses added together, amoun ting to more than the ratio of representa tion, the two counties might then be lorm ed into a district, which district should eieci an awuuinnai memuer. inemorej this plan was examined, the more objec- tionable it would appear. Instead of car- rying out to its fair, practical extent, the principle of apportioning representation to numbers, it perverted and violated the principle. The unrepresented fraction of Caswell was 6,111 that of Orange, but 1458 and to represent these com bined fractions, Orange having already three' members, was to vote with Caswell having but one for the member to the district. Now, as Orange had more than three times the number of voters of Cas well, she could certainly control this elec tion, and thus secure to her fraction of 1458, a representation, while the 6,111 of Caswell, would in truth have none. The relative proportions of Orange and Caswelfi, as to federal numbers, are as one andj two-thirds to one-and the pro portions of their representations would then be as four tn one. This would be apportioning representation to numbers in a very singular way. The plan was ob jectionable also, because of its complexi ty. There would be distinct sets of members in the House, some represent ing? particular counties, and others re presenting these same counties in com bination with others different orders in truth, reaching one above the other iu the scale of importance. Besides in ma ny cases, in order to save a great number of small fractions there must be occasion ally half a dozen counties put together, and this, in elections to the General As sembly, appeared to him a mockery of the true principle of representation. There may be extraordinary cases, in which the people can vote in large masses with some degree of intelligence. These arc, when the magnitude of the trust sought -brings. to their notice, men whose fame is wide-spread, and broadly established. But in general, the true principle of the elective franchise is, to afford to the constituents an opportunity of selecting an agent whom they person ally know, and whom, from that knowl edge, they are willing to trust. w Deeming then this plan inadmissible, there was but one other which could be a dopted. This was to give the additional I memberg to the counties respectively, which had (lie largest excesses ot unre presented population. Absolute preci. sion in apportioning representation numbers, was unattainable this plan an proached it as nearly as was practicable, and the rule laid down was intended lor practical purposes. Although : he had come-to this conclusion from an examina tion of, the Convention act, unaided by anftextrinsrc help, he was gratified to discover, 'that in the Constitutions of se vera! of the States, in which' numbers are made the basis of representation, ;a simi lar mode of representing the fractions had obtained. The same principle with respect to the representation of the ex cesses, somewhat modified in its appli cation, will; be found in the Constitutions of Mississippi and Alabama. He had heard with great respect, the suggestion of the gentleman from Ro wan, (Mr. Fisher,) that the benefit of the frac tions should; be given to small rather than to large Counties, and wished to follow it so far as the rule iprescribed by the Convention act would permit. A county entitled to t)nee members, with an tin reprcsented surplus of population sus tains a much smaller loss in proportion, than a county entitled to one member, and having also an excess not represent ed. But the act did not leave the Con vention at liberty to dispose of these ex cesses at pleasure. It declared that the members should be allotted to counties according to their respective numbers ; and be f!t himself bound to apply this rule throughout, whatever might be the'lrvla tive numbers of the several counties. But there was an arrangement which he thought the Convention could rightfully make., and which would have the hiappi est effect in correcting the artificial ine quality resulting from application of: the rule to the Larger counties, and would be attended by many other salutary conse quences. lie was solicitous to bring this to the notice of the Convention at this early day, so that if there were well foun ded objections to it, they might be sta ted, and deliberately considered. The members of the House of Commons were 4 to be elected by Counties or Districts. or both, according to their federal popu-J latiorK.' or tne reasons already stated, he preferred, that the election should in1 general be by counties, but in regard to the counties which would acquire, under the amended Constitution, a greater nam ber of members than they had' heretofore been entitled to, he was disposed to a dopt the principle of election iVi them, by districts. Such an arrangement would have a happy effect in partially reconci ling, the citizens of those counties which were deprived of all b?i t one member, to a privation which could not but be un pleasant to them. The gain of the large counties was at their expense. If these large counties were districted and the inhabitants of each district voted for a single member, the same nmmber of the People, in the. large and in the small counties, would exercise the same privi lege and wield the same power, while the inequality of representation between the different sections of the State woukl.be corrected. To remove discontent this Convention had been called. Its purpo ses could not be effected without giving more or less of dissatisfaction to those counties wkose. power was to he curtailed. But unquestionably it was sound policv to introduce as little discontent into t he new system, as was consistent with the objects which it was our duty to accom plish. He was perfectly convinced too, that there was no mode of election so fair, or so well calculated to introduce into the- Legislative body intelligent and Upright members, as that by which the voters were brought to desigr nate the very individual whom they pre ferred to all others' Where there are largt election districts and the People in mass vote for many representatives, there are abundant opportunities presented for combination, management, and intrigue, among the candidates, and thus causing a real minority to pass for a majority of the Electors. It was desirable always, that the Electors should, if possible, vote upon personal knowledge. In an exten sive district they could not well do so, unless the candidates travelled tc and fro and subjected themselves to the observa tion of the People and mingled familiarly with them in every part of ir. But the ne cessity of such a course would often pre vent the best men from making a tender of their services. If the choice were to be made by the immediate neighborhood, they could confidently rely for success on the intimate knowledge which their neighbors had of their qualifications. But they could not abandon their regular occupations without a sacrifice of domes tic duties, nor take up the profession of canvassers lor public favor, without a sa crifice of feeling and of conscience. The field must be abandoned to what he veri ly believed to be the most mischievous of human, beings politicians by trade who thrive and prosper by flattery and trick and falsehood by pandering' to the worst passions and prejudices of poor human nature 4nd who, under the pretence of ardent love for the People, care for na phing, and seek for nothing, but their own advancement. Those large electo ral districts, iudependsntlj of the objec- thns alre,a4ynentioncd, were calculated to stifle,- rather than to give a correct ex ressirt pf he" will of the People. A bare maj o rity. m i gh t e I ec t a ticket of four mem bers vhovou Id misrepresent the views .and opinions and wishes-of as many in dividuafsas" in other counties would be entitled to two members. There is such a thing as i:ounty oppression as well as Statevoppression or Federal oppression, and he knew no remedy for it so effica cious as to afford to the oppressed, an op portunity to raise their voice, and repre sent their grievances to ths body that could give redress. He did not propose j to introduce this subdivision of districts; into those counties, which under theifiew arrangement would elect but two mem bers, and for obvious reasons. There was less danger of unfairness, of - combi nation, of driving men of merit from the field. of competition, of suppression of the public sentiment, in these, than ,n larger counties ; ana aoove an. tnese ii i i counties gained nothing by the new ar rangement, and it seemed to him unwise, unnecessarily to disturb their existing institutions But the counties which were to gain by the change, could not complain if they acquired this gain with such modifications as in to degree im paired their just portion of power, and at the same time rendered iHess obnox ious to the rest of the community, and more, consistent with the interests of the People of the whole State. These ere the general views which he entertained on the main subject referred to the Convention, the. reform of Repre sentation in the two Houses of the Gene ral Assembly. This was the subject on which the voice of the people was impe rative, and the action of the Convention indispensable. Until this subject was settled, it was idle to consider of the dis cretionary amendments. Unless this were so settled as to command the approbation of the people, nothing could be done for the public good. Professions were but of little worvh, and men were often most prodigal in the use of professions who least fult the sentiments to which they gave utterance. But he must be per mitted to say, that there was no indivi dual in this body. who felt a more ardent and intense desire than himself, that our deliberations and exertions here might attract t6 U3 the blessing pronounced up on the peace-makers a more ardent and intense desire that after.meriting this bft nedictiotfwe might proceed to the consi deration of the other subjects submitted to us with purity of pui'pase, elevated views and cai;ti6as wisdom a more ar dent and intense desire that the result of our labors might ultimately tend to the physical, intellectual and moral improve ment of North-Carolina. Some gentlemen had pronounced ani mated eulogiums upon the State, whle others had mournedover its depressed condition. There was much in-North -Carolina to respect and to love. In no land was justice administered with great er purity, and in no State of the Union wa there less of the violence and male volence and corruption of faction. , In none was there a more orderly and kind and well disposed population. In 'none more republican simplicity and equality of condition. It was emphatically the Southern land of steady habits. But he loved his country too sincerely to permit him to shut his eyes upon her defects or her wants. He wished to serve, and dis dained to flatter her. The laws of Nature forbade North-Carolina from attaining great commercial eminence or rivalling in wealth some of the other States of the Confederacy. But it was impossible not to regret that her resources remained as yet almost undeveloped. Who could see without p:iin, the'eontinued drain of emi gration which was carrying away to more iavored regions her mos'tenterprising and industrious citizens ? Her signs were the reverse of those which were seen near the habitation of the Lton, in the fable. The tracks all proceeded from there were none coming to the State. Who but must wish that her disconnected fragments were brought together by those facilities of com munication which might make them feel and act as one people in interest and af fection ? Much, very much might be done for the improvement of her physical eon dition. But there was another point of view in which he most earnestly desired' the improvement of the State. If the on ly sure foundation of rational liberty be the virtue of the people, the best safeguard of that liberty is to be found in their in telligence. This alone can secure it a gainst the wicked arts of oligarchs and demagogues. Not a little had been lately done in the cause of education, and he hailed with delight theTnstitutions which were springing up in various parts of tlje country for the instruction of youth. Bit tin efficient plans had yet been, adopted for diffusing information throughout the land, and bringing -it home to the poor and the humble. Many a spark of genius is now suffered to become extinct which might be kindled into a bright and glori ous flame. Many an intellectual gem of purest ray is permitted to remain buried in the caverns ot obscurity anu inaigence. If righteousnees exalteth a nation, moral and religioas culture should sustain and cheriaW it. It wg. vain to hop that what ought to ha j done for 'tlrt physical or inteljedtnitr an l moral advancement of the State cottlcl e ver b accomplished withoutjhe iThited. efforts of the g-od and, the -wive without liberal councils and systematic co-operation. Many an anxious maay a painful hour had he spent in reflecting n the di vided and distracted state of his country. Ear tly had he wihed that he .migh'fc,, Jive o see the day when instead of wast- ing our energies in sectional broils, in stead of. waging against each other a fool-'-ish and wicked contest, in whicji vie tor 'fr was without glory and defeat without con, solation, we could, like a band ofWqthtfs devote all our aspirations and all our elf' focis kTour country's ca-use. Possibly tfra yvish so long cheris-'ued might riever bfe re- . alized. Indeed he must Rav-th.it he iv.n; not in ci sanguine in iinsv expeciaiJOn. r- A M C n t A Z . ' . . J A " But he would notdespair. He wouldnot he.could not abandon the hope that har mony and good will wereabout to be "re stored. He did hope, that under this new order of things under these favorable auspices, his beloveT State was about. to become all that her sous should wish her to be that retaining the excetUncies shflt " now possessed -her lov of libcrtyaod order her steady, kind, republicannd industrious population her simple and unobtrusive virtues, -Uthere might be add-, ed to her whatever was best fitted to rarsa;' and decorate and ennoble her character. (Debate to be continued.) K D EH ATE , ON voting viva rocs Monday , Jun 22. r r The following Resolution was" taken up or consideration ; . - J 4 RtMtlvtd, That a Commtitee be appointed to enquire and report, whether any, and if any, what amendments be proper to eompelhe mem. berg of the General Assembly to vote viva vooe in the election of Officers." The Convention., as -usual, resolved it self into a. Committee of the whole, Mr Morehead ift the Chair, on the above Re solution ; when Mr. Shober moved the following Reso lution : ' Jtetolved, That it is inexpedient to enuse th members of AsHembly of fbia State to vote voce in the election of Offieera" The question betngput on this Resolu tion, without any remark, it was negativ ed. On motion, the Committee of the whoU roa and repo.rted-the original Resolution to the Hrmse with'out amendment. Gen. Speight then moved Jhe following Resolution, by way of amendment : Rfike.1, Tht it i. expedient so to amend the Convt'nation of tiiis State, tbut in all tacti ons of Officers the memberg of the Gsneral As sembly shall vote viva voct." Dr. Smith hoped this amendment would not prevail, but lhat the Convention wfould be satisfied to continue, the old mbd of voting by ballot. He coy Id ce no reastn . for changing it," nor any good. that can la rise fromjt. The g' eat object in all elec tions is to secure a fair and free exprea jiou of the will of the voter, and he coult; see no advantage that the vieit voce, mode had over the ballot in attaining tjfis ob ject. He hoped, therefore, the old mode would bi continued. Gen, Speight hoped the change would, be mad, as it'would be the tnens of at certaioing to a certainty how every niAn. voted in an election of Officers. lie did not wish to see this practice introduced into our elections generally ; but he was clearly in favor of the change proposed. Indeed, he could see no reason why.everr member's vote should not be madeknoTi when hp. elected a Public Officer, as well as when he voted for or against the 'push ing ot a, law. ,w Mr. Cooptr was opposed to the. motion.' He was Satisfied with the usual mode of voting by ballot. He could see no good reason tot publishing to the world how every man voted for every officer elected. Judge SeawellwM in favor of the change. He thought there was the same reason for making known hoir members vote for Pub lic Officers, that there is for taking tlia Yeas and Nayt upon any question before the Legislature. It woald prevent any prevarication in future on subjectsof thyf kind. At present, a member might pro mise to vote for a dozen different men for' an office, arid notote for one of them. -Our Journal ough't, he said, to record fuU j ly every man's doings during the session. that his -constituents may be able to fofrn a correct judgment of his course. A vol given by a man in his legislative character was very different from a rote placed ia the balloi-box in his private character. ' Judge Gaston did not approve of this departure from our usual mode of voting. He feared that the innovation would pro duce much evil, and he believed that it would be followed by little good. It is true, a9 stated by the r;entteman-fram Wake, there is a marked difference between a vote given by a man in his private capa- . city, and one given in his legislative cha racter. A representative, is responsible to his. constituents, & they have a right th knw how he voted n any particular, subj et. But while he should be responsible to his conscience and his constituents, heshonld be freed from all improper influenced , It if it