v7
"Onrs are the plans of fair delightful peace unwarp'd by party rage, to live like '"brothers
.40.
' "' Ob
, - t
"Vr!
7 - ' ' vM
- '-W
-' ; - m
w ........ i i , , , , . , , ,
' . - f -
MfZUmFosfiph Gales Son.
Tiinrr. "Datr.ATts prr onmim one hilf in aiJvnncp
Thospwhodo net, eitVr ntthetinnie of suhscribinr
er nulwfqarn'lyi crive nptlce orthe!r wish to hiv"
the Pap'T (licontInneJ at th rtpiration of lh"
yr?n-, will he'Teumpd as desiria its continuance
until countermanded.
AlTFf2TSSE;TB.12VTS, ,
fsoi CTCfodini si.vtfn h'nrs, will he jnsrtd Jtw
rnir for a Dollar; nnd twenty-fire cents for each
-mihswaroRtlt nn'ilir.ntion : those of frreatPT 'lenerth. in
proportion. If : the numher of in.scrtions he not
marked on them, they will he continued until r-
t!pred out, and charged accordingly; .
JM',!!,IP,
Debate on Boronsli Members.
- (Concluded. )
Mr. Kelly ro:e to say, that frornthe rliscnssion
which hndtsken pace on thestihicct of Borniifrli
Kepresentation, he had been convincef! that the
commercial interests of 'lie State might" to be
represented in the Legislature, a well as the a
pricultural and other interests, artd shonkUhere
fi rc vote' in favor pi admittinit the towns men
tioned in the Hepijit now under cons";deration,to
the privilege of sending a member.
Mr. Giles said, he should vote In favor of giv
ing to each of the towns mentioned in the Report
before the Convention, a member. The gen
tleman from New-Hanover had slated, that the
elections -heretofore held in Wilmington had
been attended with bribery, corruption & great
disorder. But, said Mr. C. these evils would
. 1 I El A '. . r n . i. rt . if its
not etc rcmi'vcyi by uc n .nt .."" .
- . . ' .. ...... ,i
member, since an election won til sun oe neia
in me iuwh tor iae to'nuy I'lCHiwcin, u
" ... am . - I.! V .
voterj wouia ne ine same, ne tnousu "
that the Commercial interests ot the country
i w . i . : i i , i i . ... il
' . 1 1. I . i . . . . 1 . 14 i-mA a
qvimmeu wun muse iincrcsts, wuu wvim. c -
bie to support and explain them to tne uenerii
i
Assembly.
Mr. .Mearet sa!d, as he had long resided in one
of these to ns, and had sometimes ha the Ho
nor of representing her m the btate Lfgluture
ountry yotes often give'a diR'erent completion
iom Ihose of thejtown. j The gentleman ought
lsoto remember this question was not agitated
o any extent, and that th? election turned upon
f:wksonim and Anti-JacksonisT. .Convention
nd Anti-Convention.' On these topics, the
county was with him, and for these reasons, he
eceived thecduntry votes. But let the question
'e fairlv put to the citizens of Wilmington, wilh-
"u bias or intrigue, and my life upon it, not 50
'rthe 259 town voters will refuse the boon
int withstanding the corruption of these voters !
mtwithstanding they arej penned like cattle Jo
subserve corrupt purposes, as has been changed
;ipon th'n.
On a former occasion, s tid Mr. M. 1 took oc
casion to remark that the Town of Wilrning'on
had paid, in duties to the Treasury of the Uni
ted State, near $l00,00p ;per annum. This has
been denied, ancKthe gentleman from N w-Han.
over informs us, that by the last returns to the
Treasury J)epartment, the amount paid by Wil
mington was less than one-fourth that sum. It
is true, that the' amount 'of duties paid last year
was something lesvthari $24,0 00 ; but from a
Table of Statistics which I hold in my hand,
prepared by the late Arch'd I). Murphy (whose
name is a voucher for its accuracy) it will appear
thtMn 1816, NorthjCarolina paidn duties to the
U. States, moreHhan $2Sr,000, and for several
years preceding, largely upwards of $330,000,
ordinary European trade, and ample for West
India. But on Spring tides, fifteen feet draft of
water can be brovight across the Barand fourteen
feet at all times; and approach within .nine
miles of the town. From these facilities vessels
of 400 tons burthen can beJaden, at a-tririing
expense of lighterage, andthbse of o50 tons,
without any ; and proceed to sea. From live
Chesapeake Bay to theonrhern boundary of
the United States, how many ports have eiqual
advantages ? Beaufort, in our own State has a
greater draft of water, but in any other respect
ts deficient in advantages. Charleston has sij.
perior advantages. Pensacola has greater depth
of water, and the Mississippi about one foot
more across the Bar. But Mobile, now rising so
rapidly in commercial importance in depth ol
water, both on its bar and in its harbor, is infe
rior to Wilmington. And yet these advantages
of navigation and this extent of commerce are
sneered at, as contemptible, and set down its
nought, in requiring for Wilmington a repre
sentative, to make known and protect her com
mercial interests.
By reference to the Comptroller's Statement
of the Revenue of the State for the year 1832
(and any other year will produce the some ratio
of results) it will be found, that the gross Re
venue paid into the Treasury, exclusive of the
$9,163 was a tax on Store. ; Add to the Store
I have not been able to turn to any dcument ; tax, the amount of the Auction tax $675, and
shewing theamount of duties paid by N. Carolina two-thirds of the tax paid by Banks, which is
from 1816. up to the last year. It is a well known $6,428 fl should sav four fifths of the Bank Slock
fact, the P'ort of 'Wilmington pays four fifths of
the whole duties of the Stte. It is as well
known,tliHt duties have greatly diminished since
1832. Silt, which before that period had, a
different periods, paid from 10 to 25 cents per
bushel, n w pays only 5 cents ; the duty on cof
fee is entirely taken off; the duty on molasses
and sugar diminished one half. These were the
articles on which the great amount of duty was
paid prior to 1832, aid this accouh's lor the di
minution in the amount of duty now paid. Sliil
the contribution is a considerable one and well
drserving consideration.
It has been denid by the gentleman from New
Hanover, that the Town of Wilmington contri
butes 1,700 of the $2,700 taxes paid by the
County of New-Hanover, las alleged by me on a
former occasion. I will only refer tohe Comp
troller's Statement of the tlic taxes of New
Hanover County, for the year 1832, paid info the
Tieastny of the State. Take the same statement
for any other year, and the proportion will be
nbsnt the sfTir. The taxes jf New Hanover
be felt it his imperious mity to lay belore the I for lao (including the Auction tax,) amounted
Conven'ion sucu intormHtion on tne suoiect ne- to
fore them, as was in his power.. He was the
t i i .
more strongly impeneu to ao so, oecause ne
T 1 . I j I . I I '.
consniereu me aecision or ine ciuesuun csseim-
kllv important to the whole State.
r. . . .' ... ....
J ne grounds, upon wnicti a representation is
claimed for these towns, are, that they have
d stinct commeVciaMnterests to guard and -jjro-tect
; such as were important not ohly to them,
but to the whole State, but such as none but
those conversant with commercial matters could
wtrlitlv understand r nronerlv fuard. These
' --- I j n -
separate interests consisted in the proper regula
tion of pilotage, inspection, quarantine, wrecks,
banks, and bills of exchange. Of the importance
of these several subjects, much had already been
Mid, which it was 'unnecessary again to repeat.
The laws regulating the disposition of wrecked
proptrty, was of very great commercial import
ance, it was the misfortune of all countries, to
hve scattered along their coasts, persons al-
ays ready taavaitlhemselves of the misfortunes
jot others : and whenever a vessel was stranded,
to appropriate to themselves whatever they
could by stealth.or bv fraud and combination.
To protect such property, required regulations
inch as none but those conversant witn the ship
ping interests, as well as the habits of the&e
marauders, could provide.
hut Borough; Kepresentation is objected to,
because it wid infringe tlie rule of representa
tion by federal numbers and taxation, and will
be assigning a Representative to certain indivi
duals,, without regard to wealth or numbers. It
is ftppkea of, as giving an invidious privilege ai d
distinction to certain Towns- I his is not true
in principle. Literacy ? liorongh Reptestntation
does mean Town Representation in principle,
its meaning and effect is to give a Kepresenta
tion to certain localities, w.thout regard to wealth
or population. Is this a new principle? By no
m- as. By our existing Constitution, our whole
representation is based upun the Borough prin
ciple assigning to each county (or locality) a
fixed number of members, without regard to
population- or taxation. Cumberland, as a coun
ty, elticis two members Fay etteville, as a Bo
rough, elects one'.
We ure not now called upon to abolish, but to
triotiily this principle. In tact, we are expressly
forbidden to aborh it. To each county of the
State, however small, is reserved tlie right of
sending ine member to the House of Commons.
1 Brunswick, Columbus, and the other counties,
(.nine ill number)' which fall below the ratio of
representation, are entitled, on the principle
of mere locality, to a Representative, on what
principle can ybu exclude the commercial
Towiis ?
Wliv is one mesnhpp rerved to each county.
however small? Because they have county in
terests to protect; The -people of the county
are taxed lor Cvuntg purposes, and it is right
nit y should elect a member to guard their Coun-
y interests und regulate the-system ot County
taxation, and tbe nomination of magistrates; and
likewise, because, by a different rule, you make
harsh
The same reasons annlv with eou.d three to Bo-
tough Represenuatiun. 'rhe leadmg principle
of our RevolutionWHS that representation and
taxation should be inseparable ; at least so far,
that without representation, there shonid be no
taxation. ; 1 he citizens of COmnierrv.il tnivnc ui.s.
taxed in a three-fold Mew: its citixens f ti.-
State, of thc.Cuurity, and To'wpi. Tlie last tax
to be imposed by laws in winch, as a town,
lley nave ny voice. Is not this an irilruifrement
ct ti.e principle t hat there should be no taxation
11 Hunt representation ,? This system of t'olice
tasation'is indispensable, not -only to the in-
ivniu.il interests i of the town, but;.o the gene-r-l
Kud of Uie whole State. Wilmington pays
own tax (exclusive of State anil County taxes;
el'.ul to about S4j,OU0 a year, a very large por-
ot winch is expended in the repairs ot u-cks
"'"I Ol hi r U !i,,..,. I ..f in it lol
nudges ui cuiiiniwi " i"y'1)
im tiie town m.-relv. hut the wtiole country from
lilt rni ii.-l ...l c. l... . K ... ft .
..uWUii ui vomagioil, oiit.r.iic geiinc
"'M l fr in New-I lminvT I Vi llfdmeu h:. tfild
.that notwithstanding all these important in
!urCSV' ,1,e tow" li . Wilmington does not wish
y - lovvu Me'mber. AJid to this conclusion he
10ll-r, I," ,1,1; . .
luiii l,,c iiuHiucr oi voi.es given ior
,J'J "l Jl'fc town election ground ; alttwugh he
i ---.iiy itvoea ins
2,752
Of that sum, the Store tax was 940 00
Town Property tax 205 59
Tavern tax 109 04
Milliard Table (in Wilm) 470 00
oi tlie btate was owned by person, residing in
towns) and if will be found, tint Commere
pays nearly one-fifth part of the whole Revenue
of the State. Can any one pretend that this
impor'Hnt interest does not d- mand a Represen
tation peculiarly conversant with it and particu
larly instructed to guard and protect it ?
It is objected that some of these Boroughs
have declined in consequence, and are therefore
not deserving a representative. If the fact
trne, it does not militate against the argument.
The four Boroucrh members would necessarily
represent the peculiar commercial interests of
the whole State.
That the interest of the Planter and Merchant
are ctvudered adversary in many reijarJs, 1
would adduce no stronger evidence titan the
opposition made by the citizens of Wilmington
to their Representative, in consequence of the
paSsHge of the Jaw in 1826 as staled by the
gentleman from" New-Hanover.-" Here was a law
manifestly for the advantage of 'the community
at large, yet,, because it bore peculiarly hard
upon the retailer, v:.s opposed by that class of
traders. I have detained tlie Convention longer
than I intended, but on this question, 1 could
not sav less.
to act together, an esprit 'fit corps is formed a
mongst them, which cannot be, sundered but
with violence. ' .
The Convention Act lays down no rule on the
subject of Borough Bepresentation. What is
the situation of your towns ? There 'are seven
towns in the Sta'e which have been in the habit
of sending each a Representative' to the House
Of Commons. I he inhabitants of these towns
are as fr vrily attached to their ol 1 habits of elect
ing a memb-r as the citizens of the small coun
ties are to the ir custom of electing members.
But' time has produced changes, in t'ie ,.circnm
stances of some, of thf-se towns; some of them
have declined in wealth and importance, and
are willing, to give up-the privilege of sending a
member i$ future. With respect to Represen -atives
from these towns, we have a general au
thority to exclude them, in whole or in part.
In dingthi, we are, tobe governed by a sound
discretion, and consider what course wjll best
promote the public good. There is no rule
laid down in respect tb Town Representation.
What rule does patriotism and a desire ts pro
mote the public good require ? Does it require
yon to take the privilege from all these towns ?
Or that you make no moi-e victims than is ne
cessary. . This is left to your discretion. And
he would ask, on what principle the counties of
Columbus, Washington and Macon are allowed
each a member, that would not operate in favor
of these towns ?
Permit him to say, in behalf of the towln with
whioh he was best acquainted, they consider
this privde-ge as invaluable. It has always been
enjoyed hv them.. They had "it before the Re
volution : thpy say-that tbe privilege has never
been abused by them, and ask why" it should be
talcen away ? Because we have the power, shall
we determine to exercise it ? tVilfyou do it,
because their ruimbrrsdo not quite entitle them
to a member. Were you to act on this ground,
. ..ii t ... a i r i
yu wouri nave o uisirancri ise nine ot your
small counties. Do you take the right away.
bee use the inhabitants of the town are not d
to remove all disabilities existing, on wic a nit mmand hot between manandjuarU,
cottnt f differences of opinion in matters
,of Relifrinn, and conforms in principle to
tlrat golden rule- I)n unlo otliets,,(a yc
wofifd, that they should do. untOj ytu."
Sir ! why shoultl a line of discrimination
exist? Why retain in votir fundamental
law, a principle which savours sh strong.
y of persecution antl bisotry ? Aprirfjci-
pltS'vhich proscribes, for opinion's sake
uncif izenir.ing a portion of lite commti-
nity and denying them an equal. partici
pation in the benefits of IVee.goverrjment?
Human instiUitions, saitl Mr. E , may
torture the body- may subject it to the
rack but cannot enslave the mind or
controul its action. No fetters cap hold
ir boand even the wretched victim at the
stake cannot be debarred tlie high privi
lege of pouring out his fervent afatinns
af the throne of mercy. Sir, this must
and will be so, in despite of all human
regulations. And -why ? Recattsje ., Hie,
who possesses the power of controllina: a
like the destinies. of nations and of indi
viduals, has 'proclaimed by unalterable
la'vs, that the consciences of men sh;JI
not be controlled in matters wlii.eh, con
cern their eternal welfare. Man's belief
cannot be commanded tlie liberty of con
science is a natural right inviolable and
inalienable. No mat,' by his engage
ments with society,, can surrender ir, or
absolve himself fru'm the obligation to ex
ercise it freely' and without restraint,-in
tlie discharge of his -duty to his God;
much less, can Society exercise the power
The rigltts of conscience:, continued
Mr. E., those inestitnable rights without
which tuan" would f indeed bp. a 'pobr. and
wretclietl" creaJu re, owe their irigirr to .v
"I
'4
mi
Kiillic ent consideration for morals, tnlent-i or ' of dispossessing him of it.
Judge Seaxccll remarked, he
not intend
Total,
$1,725 &
Now, the above 51,725 does not include that
part of, the foil tax paid by the residents in Wil
mington, which would be fully equal to any de
duction from Store and Tavern tax p:iid by the
county. For, out of the town, there are no'
more than half a dozen Stores in the county, and
it is beheved, not oneTavern which pays a tax,
as such. "
Mr. Presidont, said Mr. M. the shipping, the
commercial importaoce, and the advantages of
the port of Wilmington, have been alluded to
by some gentlemen on this floor, with sneers and
contempt. On thiix subject, there is gross igno
rance prevalent in. almost every part of even our
own State. It verifies your observation, sir, that
our trade is so scattered, the people of different
sections v the State but -rarely meet, and know
but little of each other. About two veais since,
I, with others, had my attention particularly
callrd to this subiecU The following was the
result of'inquuy, about the accuracy of which
there can exist no doubt :
It appears from an abstract of the Tonnage of
the U. States, for the year 1831, furnished to
Congress by the Treasury Department, that the
registered and licensed lonnsge owned in Wil
mington, was 9,179 Tons. That during the last
quartei of the year 1&2, and'the first quarter of
vearl833
The American Tonnage entered in
the port of Wilmington, from to
rcgn Countries, Was 10,337 tons
foreign Tonnage entered for same
period, 4,644 tons
f o have said uny thing on this sub ject ; nor should
he but for sometliins: which li.id fallen from
the gentleman from S.mpson. The subject,, of
intending the Constitution hid been submitted
to this Convention by the people themselves.
Ami when he undertook to sp ak and act on this
subjr-ct, he did so, as the Hepresentative jof th
whole people of the State, and not as- for
the people of Wake County' only, and would ac
to tlie b-est of his judgment and discretion. Ue-
nevmg, us be lid, that when the Constitution ol
the U. States wa "adopted, all Commercial sub
jects were transferred to the General Govern
ment, heebnsidered the State Government as
having nothing to do with them, except so far
as it may be necessary to pass Inspection and
Pilotage law, and some oilier acs of little im
portance. We are, said Judge S. about fixing
our basis of Uepreventat'on on distinct principles,
which have nothine to do with the d.fi'erent pur
suits of men, and he did not wish to see them
violated or set aside to favor any-particular com
munity, whatever mav be their employments,
Our Government is founded on principle nil
political power is derived from the people. He
was willing to allow to people residing in towiys,
the same privileges that were enjoyed by people
living in the coun'ry, and no more, lie did not
think :iny thing more necessary lie ws there
fore opposed to the adoption of the. Report be
lore the Convention.
Judge Gascon s id, he was aware of the great
property? Compare them with any portion of
your community, and they would not fear the
result. Is the Revenue paid by the citizens of
this Town unworthy of your consideration ?
Does n'-it the public good require that it sliould
be. repiesenled ? If it does, is the r glit to be
refused, in order thfit tlie citizens my be kept
from quarrelling amongst themselves? We would
in an-wer say, that for 2Q years tin re has been i
but one contested election. Divided as the ci
tizens may have been" 'on many subjects, they
have hud no diffictdtyi n selecting a fit Represen
tative. Shail w,e be refused a member, br cause
we have a number from the county ? We reply
that a County member would not represent the
interests-' of the Town. Tlie citizens ofihe
Town have separate interests ; they have long
been in the habit of acting together; they require
laws in rel dion to their various interests. The
Commerce of the State is in a languishing situa
tion t ought to be encwuiajred and supported.
Klzibeth City and Washington have been
s'ated as in .as flourishing apoditjon a any .f
the towns enjoying the privilege of a member ,
but gent'emen ouglit to be aware that our pow
ers do not ex tend;, to the granting of Any ?iew
privilege'; we .earsonly retain, or abolish in
whole or in part, the privileges already granted.
It had been said that Rdenton is not of suffi
cient importance in a commercial point -of view
to be entitled to a member; but it had been
complained that some ot tlie counties in the
Kat hd been less favored than some of the
Western counties in relation to the disposition
of their fractional numbers. Giving a member
o r.uemon woum, in some Degree,, maKe up
for this difference.
Mr. Wilson of P was decidedly opposed to thea-d-ption
of the lit poit. Iledenied that it would be
expedient to continue the privilege to the four
Borough towns as proposed. He did not think a-
ny of theiw of .sufficient importance .to be thus
favored He examined the claims set un for the
several towns mentioned n tlie Re-pott, and as.
sened that the towns of Washington and Kliza
beth City were as well eniiileil to the privilege
of a distinct member as any of those which have
so long enjoyed the privilege :il that those
desire which existed in the Convention to come I tow-ns wilnout the privilegellowed to the others,
American Tonnage cleared, dur
ing same period, for foreign
countries,
Foreign do. -do. do.
14,9al
4 18,074 tons
3,888
21,962
The Coasting Tonnacre emnToyed
during the same period was 50.000 tons
Making the total Tonrrage employ
ed from that place during those
six months, equal to 86,943 tons
During the same period, there was shipped
from Wilmington
18 . millions of Sawed Lumber,
17 do. of Timber,
3 do. of Staves,
50 do. of Shingles
i , 100,000 Barrels ofa'ar & Terpentine
20,000 Bales of cSjtonr
10,000 Casks of Rice,
Besides large quantitieiftof Rough Ttlce, Flax
See1, Flour, Peas, Tobacco, Varnish, Pitch and
Uom:i.
These articles, valued at the home market and
at the ordinary prices were worth mure than
1,000,000 doll as. i
It is an unquestionable fact, that Wilmington,
from its locution, furnishes a better opportunity
of selecting West-India cargoes than any port in
it..: i f. M'i'rivK,.- :! i :..
uie Uviiueu oiaien. uci c is iiu onicr jjui i m
the Union furnishing so great a variety pi' pro
duce, sold at the home market by the grower
himself. There is ho article of .exportation
raised in the Southern St.deaexcept sugar and
Sea Island cottons, which 'is bt carried to Wil
mington and sold bv the original maker. There
t iri t!
opposition to Borough
. i io,eiUi,ljo(l! Te gent.niinojjj to rernem.
ui ai an eiecnon ui town, wnere
i . i . , . . . . .
thy
Cunntr- 4. . . .. - ""'".
tn.i. l,cu" can vote, t lie result no
vo ot the scntinieut of the town.
Tue
is no port
to a decision on this question ; but knowing the
deep interest which mmy ot h's neighbors took
on tins subject, he could not forbear to ofl'erf
icw auuiuonai remarks upon-n.
He said be subscribed entirely to the senti
ment expressed by the gentleman from Wake
(Judge .Seawe) and he wished it was as fully
appreciated as it deserves, thit the Delegates
assembled in this Convention ought not to con
sider themselves as sent here to protect the in
terests of the particular portion of the State from
which they come, but, on every question to con
sider ?what will be best for the interest of tlie
State at large.
But, if he understood the same gentleman in
another sentiment which he expresstd, he deem
ed it erroneous, and he wished to correct the
error. He slated that llorouirh Representation
was repugjiant to the principle laid down in the
Convention Act for fixing Representation in the
House of Commons. Let us, sad .lodge G. ex
amine the subject, and see whether this asserti.
on be well founded. We are called here, not to
make a Constitution, bil to revise the provisions
of an old and venerated instrument, in certain
particulars, which are fully set forth in tbe Act
under which we have met. To what extent are
we to go ? In the first place, the number of mem
bers in the Senate, shall not be less (ban 34, nor
more than 50, to ' be elected by districts, &c.
The House of Commons shall consist of not less
than 90, nor more than 120, exclusive of Borough
members, which the C"iivention shall have the
discretion to exclude in wKole or hi part ; and
the residue, that is, the members other than those
frem the towns, to be elected by counties or
districts, or both, according to their federal po
pulation, Sec.
. What, then, has the Legislature, in this act,
iii5)ejfect, said to the Eastern and Western mem
bers ? You have been at variance on the sub
ject of Representation. Western members have
complained that their large counties have hail
no greater Representation than small counties
had risen in imrirtaiice.Wtnlst Rdenton and
most of the other towns hkdl been on thetle
cline. .,. k
The question on agjeeingjo the Report, was
negatived by yea anvTNays (? heretofore giv
en) 73 Votes to 50. "
On motion of Judge Gastom the ques'iort was
then taken on allo wing the ' privilege of a mem
ber to each of tlie towns of NeariJem, Wilming
ton and Fayetteville, and'negfilived 75 votes to
OJY THE
THIR TYJSJE C OND ARTICLE.
Friday, Junet-S6tfil8$'
The. Co.nvpniioK'h'aVingrIebrf iise f
into Committee of'ihe Whole, Mr. Fish
er in the Chair,ori;the 32dlArticle in the
Sir, p;iidMr. E., we have proclaimed
this truth in our Bill of RightUr in lan
guage so clear and explicit that "he nvIio
runs mav read" "-That all men have a
natural and unalienable riht to worship
Almiohty God" according to the dictates of
the'fow conscience. " Is the provision in
the 52d Article consistent with this de
claration? Is there nut a palpable incon-o-ruitv
between the two ? Does not the
vne ive universal scope to tne princi
ples of toleration, and conform strictly
to the natural' rights of man ; and does
not the other limit and restrict tne ines
timable rights of conscience ? It dUfran-.
chises one portion of vour citizens, onjac
count of their Keligious tenets while it
extends to all others the uninterrupted
enjoyment of all the fights secured under
our free institution.
Mr. E. said, he was almost afraid to
hear his own voice' on this subject ; but.
in pursuing the examination, . he would,
from the respect due to the Convention,
endeavor to subdue his feelings as much
as possible. He was at a loss to conceive
why this clause was ever introduced into
the Constitution he had searched in vain
for the reasons but it is there andit is
our duty to examine the influence it ex
ercises on the great fundamental princi
ples of Civil and Religious Liberty. He
laid it down as an axiom, which every
wise governmentshould keep steadily in
view that legal Uelijiion and political
Liberty are wholly incomnatible. That
to blend Religion .and Politics, would
have the ellect to open tlse 'oor wide to
a union of Churcl? ami Stale and that"
Governments, which all experience shows
ate apt to prove too strong for the peo-,
pie, would eagerly seize upon every;pre
text to strengthen the arm of power, by
Calling to their aid the influences- which
the timidity of some, and the fanaticism
of others on the subject of Religion place
tor often within their reach... , i hus. Sir,
might be devised the most odious tyran
ny under which mankind ever groaned,
NV'here will the djv'dttig line terminate ?
If we exclude oniNi.'ct to-day, what sect
will the reckless spirit of proscription
next assail ? By and v by, some other
may become eYjttally obnoxious on account
of their particular mode of .'worship. Yes,
source much higher than any earthly -now- .
er thir kihjrtlomjT not of tfiis wirli. M
iim ujc wiiii iioaii mem usuras tne pre.
iroir-ative or ueiry. j i nose virojcyiose may
dare to becoiae sponsors for the souls-of
men lvr his part, he would not be to pre- ;
sumptuous he could not.Jf ifevoufdl'r-
In the final settfement of that dread ac.' !
coQnt which aM must sooner or later ren-M
rr evecy one must answer ftir himse)fnrtt ;
government orindividu3l wll then ' ba ; .
found to propitiate, in his behalf. Let
the t ruths of the Gospel be squall jr the -
property of aMjjittempft.no sliack(es dpori
the mind, and you need fear nothing from
error. Vufi. is tbe otjly fair anfag6:,
njst tif error, and the'latter fimaV be safe
ly tolerated while the former ifleft Trea
to co nbat if." Bat;, Sir, if forgeTting.thi .
sublime truth, we ntrpducein.to our pr- ,
garihe taw interdictions (in account re- ;
ligious opium's, We i mtist,fcnce,fthm a
round. we 'yust preserve,'them from vio
lation, we must coerce obedience by pains t
and penalties a resort then must be had :
to legislative', enactments, 'anil they,' in '
tinus may render ecclesiastical or spiri
tual courts indispensable -for who; cat! 3y
be sfl welLqualified to sit in judgment as v
those who teach the f;tyored faith. H j
did not pretend io the spirit of,projhecjrv ;
but he was grossly in ' ei rrr,shoold 'this ;
career be once begun, if , Bigotry and Fa
naticism do not run riot and if the roost
direful con'sequefices do not result. Let
tlvepassions.of men.; enlistedon trjis sub
iect, ence n et i n to vo ur 1 eiEri slati ve halls.
and "no owe can foresee. the, electa -Tor4
all know the uncontrolfable prbperTies.of
icniuus eiiuiusiiisui. i iiei'tfij iruc Avajr
to keep Religion And'PolitiyapartSfaV
iti coiner no peconar nnvnegres on iar
one sct.' b'Tit Io et'tend enbairprolcti
to air-, i fi snrpst tva v nt- u pnt tn t.
to the Eant. We have provided a remedy for
the world to compare with it, io this complaint. The general principle of repre
the articles of Pitch, Pine Lumber; TirSEfeanri t stintatton in the House of Common, as to the
IMavl Stores; of tnese articles it ships more tlrm
all the other Stales... And as regards its facility of
rechinj the ocelart, and the dndt of water and
secmity as a harbor, M ihninijton has but few
equals in the Southern States. Its Security
from the effeets of gales of wind, as a port, is
not surpassed by any other. It has the advant
age, of having-fresh-water, which exempts ves
sels from the dotructive effects of the salt-water
W6rm.; It is only thirty miles frojn the Ocean,
and a few htjitirs will carry you beyond tlie Har,
from the wharves you can carry,' on ordinary
tildes, twelve feet draft t on Spring tides thirteen
feet, Tim draft of water, with vessels of pro
per construction, affords sufficient draft for any
5
counties, shall, in future, be according to tede
r d numbers. l?ut in this Act an express excep
tion is made even as to the county representa
tion. You are .ot to carry this principle so far
as to exclude the small counties from represen
tatioa none of these must , be disfranchised.
However small a county may$be, and however
few its inhabitants, it shall tie entitled to .one
member." And he would say, however anxious
he was to see all parties reconciled, he could
not liave agreed to any proposition to amend
tlie Constitution whic i had not recdernized this
Constitutio;i,
Mr. Kdwauds said, hehad. bestowed
some refu ction onlhe subiect; and it'was'
due to himself, to his countryj'and to, his
Creator, to present the views whiclv led
to ilie-conciusion to which he had come.,
The particular modification of the Article
under consideration, which heshould pro
pose before he resumed his seat, might
not perhaps be acceptabltrfo the Conven
tion ; but he was free to say, a less con
cession to the liberty of conscience would
not 'satisfy him.,
Mr E; said, if there was one subj?ct,
more than another, on which he desired
that his views should not be misunder
stoodor upon which he felt imperiously
bound by the obligations of duty and a
sense of accountability here and hereafter,
to express his opinion, with becoming
freedom it was. this. In private life, it
nan Deen ms name inueeu, he hau pre-
scibed-H to .himself as a iaw, to remain
silent when Religious topics were discus-
seu in his bresence : because, while he
I- 1 .
claimed the rigt,t ()f exercising and enjoy
ing his rjwn opinion, he was unwilling to
interfere ..with or become responsible for
Che opinions of others. Itis present situ
ation demanded a different course. The
amendment he shouldpropose to incorpo
rate into our Constitution was one which.
was to legitimate. some, sects ana.OsKn W.
d 17,6, others, and tlius' sett'an exatmCaand
Winers an u'u, one migin ne unaitv - '
houn.ced as heretical. jg&r.tflU i
M r. E; satd, all no, doubt held in 4. .
detestation hypocrisy in Pi iiicsjand?
lijtion all were sensible thaXjt'Wasucai ?
policy to furnish Incentives to its '..cfT -'
.. i .. .1 .i . A ' 'V'fr:Vi
cise. nut suaii we nor. promote
leaving on our Statu te book gifdeJi,
to ensnare tjte consciences b'fmeh! .Shall.
such a bFcit be permitted to styaiipurcs-r
cutcheon. k LeaI tis not into tempta
tion'was the prayer four Saviour, ;-If
we hold up the glittering , pageahffpf !
office to indttcemen to play the hypocrite
are we not laying tempf ationsjbefqre theiri?
Are hot, byjihe -seductive infliience.of
earthly honors, alienating themafiections
from-their. Creator.!. '''.' '"'-s-'- V
.'Mr, E asked, ( gentlemen. yr.trc not
aware-that this spirit of persecution was
already abroad in our land, and arvion&"':
out1 Churches ave, even in. the same
Church ? Do they not know, that, among
the members of one of the leading Church-adivisi-on
of opinion existed on a, ut .
ject of deep and vial interest t this'Stats
and to the wivo southerji country r. -Ye, -sirthc.
questmiad 'been seriously agi- .
fated by one portitm of this Churchre
siditig north of a. certain line rwhether ;
their brethren, members of the, sa,ma
Church, should not be excladejd from tho
Communion Table on account of aecu
liar description ot property whichthey
iiiu?i leiureruiw in inem .ineaiiern-.
Sir, once a
the prunin g n 1 1 e se-
ative of separation or a surrender of rights
guarantied to them by the Constitution &
laws of their country. Sir, we should not
disguise the fact, that this great political
quetion which threatens to shake fo its
very foundation the uoiop of these States,
nas oeen gravety maue a it eugiouz one
lect a particujafgcreed sanctily it by a Such dre the fruits ol a spirit of -peseciir
place in your organic lSwdejiourtce all'ti-'a and intolerance. vJLct us beiarethin,
who do not. sobsribe I'.it, and 'make less We afford encourjarmenf to it,- by
those tlie pcculiarbbifcts of vour . &yor,l countenancing any such principle bv our
modificationf Why so? it may be asked. Because !n a 9Plr o I'berahstn that would reflect
wiien a system has been estbhslied, and a cer- u"l wnaracier its a oiaie, .pro-
tain portion of the citizens have been used I claims universal toleration. Its object is,
who do, and invtvord ffir it;- if ever the
lime shall confe when 4 the public mlrid
shall be strongly 'excited; tossed almost in
to phrenzy, by thetricks of cuoniwg zeal
ots and heated fa tiatics, a disordered and
distempered state of .Society may ensue
that will j-hake to its very foundation, if
not upturn, the temple of liberfy itself.-
Sir, a system, based on the principle that
the consciences of men and. their faith in
matters of religion shall becomean eflair
of Government, cannot long be tolerated
without a total enslavement of the citizen.'
Let us not forget sal&fMr. E. that by
retaining tins article, Ve declare and es
tablish, to a particular intent, - one- only
faith, as the true faith, arid not only de
nounce those vho do not embrace it but
refus-e to extend to them the privileges of
our common country. We subject them
to the burthens, anddcmaid of them the
duties incitlent'to our institutions, while
we deny them tbe privilege of participa
ting in tlie rewards to which loyalty as
citizens ous;ht to entitle them. We pro -
claim' thajt a particular faith shall be the
price of office that all who do not con
form to i vitfail bepunished by an exclusion
from the honors, emoluments and distinc
tions which tbe humblest should be per
mitted to aspire to 'lite province of po
litical assemblages, he hau thought, was
to regulate the intercourse between man
State nolitv. ;-' - "T-
But he took bolder ground; He denietl
that it belonged to became any earthly
power, to impose .shackles on the con set
ences of men. Me deji ted that it could be
required of them as a duty, to interfere
with the relations between God and .his
owncralures. ii hia subject,' he ietV
no responsibility to mere man i; apd sfioVld
the.imniotts attempt be made o despoil
him olMiis rights in this respect, as.niucli
-'4 VI'. 4 ' . :
as 'hefted North-Carolina, he could ne .
ver jrefe? the votaries of freedom to hep
as an example worthy of imitation.
I repeat, said Mr. E. tlmis a guesttoni
which Jny own inctinations would oot
have induced me-to dUcus9, could I havi
passed it by consistently with the dictates
of duty; ' Gentlemen say that thi4 provi
sion'' in tbe Constitution is without effect
ill Its practical operation that it is a dead1
letter,' a' me re krtttum fulmen and harin-
lless. If this be true, it certainly does
not become us as a grave Assembly en
gaged in the important work of reviain
our fundamental-law of prescribing rules ,
of convluc not for toUy. or. to-morrow. .
but for All time I hope -to iet it rcmaifi ;
there as a false liht to misfead and Ue
ceive our fellow-men. If it be ambiguous
in its iniporf, let us ascertain, it meaning
and render it so plain that all may atones ; ;
uudersUnd lU JtJut-iI, ou uieouier nauuf
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