The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1843-03-30
OF Mr.. FRANCIS.
or HAYWOOD,

A--tN~t
OF HAYWOOD,
Msds IL he Lsgisisfars e soslh csrs'ina, il
repiy e Nr. Msilsa 81 cambeEland, % tLe
lasilaeilen kessiaiieas.
Mr.. Speaker; Having had 90 snpls "a
orponsnIiy aiardrd ne on Mondsy lasl.
81 giving nv siews fully on these Esso-
lulsons. ! shaald not have made snnlher
ell On The attention oflhis house, pffs il
not for The sirslenl msnDer 10 which lhs
gentleman from Csnberland hssindslgsd.
In assailiHg ny mellsss on that oces~
sion. shall nnw. however. promise 70
be ss blisf as possible 10 replying 10 lhsl
gehilemsn's denDneiaiions. and can as
sure he house. that ! am truly sincere
shen | state that was extremely sorry
uhen | fsund the noser Of these Tssolg-
tions thought 81 10 introduces them. For
when, 81 best. the iwo great parties in this
house can wilh d.licSlly sci in concert.
in performing The legitimate otjsc for
v hieh We have assembled. il cannot be
expected that . series Of resolutions Of
this character il, 10 any way, calculated
% sllay The excitement that now exists.
or bring about that unity % action 90 de.
sirAb.e 10 The intercourse u drIibsrslive
body.
10 lkfse resolutions. cir. there 10 not
only 4gresi constitutional question insol
we'd. but thrust 10 made al one Of the
great departments Of our government.
which 10 eslculsled 10 destroy the inie-
prudence and consequently the MI i'y Of
The judiciary. Can The mover OF these
resolutions inform the house, why u be-
comes necessary. 81 this late period, to
declare by resolution whs, are the pow
srs and dulles Of the Legislature Of North
Csrolinai hal supposed lha. these
were fully expressed in the irsi snd tenth
srticles nl The Constitution. An insiru.
men,, by which the people OF this sists
have been ge.erned Tor upwards ol sixty
years. cannot now need the aid Of q reso-
luton TO inform This body what are its
powers and duties.
Ii 10. from The sections referred n, that
ibis body derives all iu powers-6rst 10
make laws. and secondly 10 elect certain
tta,s officers; and by the constitution Of
The United States. they are authorised 10
elect Unilrd States senators. These and
these alone, are all The powers conferred
By HE constitution. and any act done,
which does NOT come within ,he saane nj
these powers, i. 40 act Of usurpa,ion on
The part Of the Legislature, not warranted
by the Constitution. But ! am told. that
by The eighteenth section Of The Bill Of
Rights. which is made part Of the Con
stiiution. the people have a right to in
struc, their representatives. This right,
I shall admit in ibe fulles, ex,eni--ysa,
further, | admi, lha, The Legislature. being
a portion OF the Tree citizens Of the state,
have a right to express their wishes on
national subjects. either BY way ofresolu'
ZION or otherwise, and that they ought to
have given them by tie senators. resprc.
ful confederation; but while | thus admit
this right in the Legislature. or any Other
body of the cilizens Of This safe. | mos
positively deny The right, in tits or an.
other body, to give mandatory inslruc'
tons, such as these resolutions intend ,e
convey. The sec,iun Of the Bill o.
Rights. 10 which my attention has beer
called, however, can have no earthly con
nexion with these resolutions. Any. who
are in the slightest degree acquainted will
The history OF This country. or of.hat from
whirh we received cur notions OF tn.
common law. will remember that from
the reign Of Edward vi. down TO Georg'
/ I, VARIOUS statutes were passed called Rio
Acts. which made it felony for twelve
or more persons to assemble together Il
peii'ion Parliament for redress oil griev
ances; nor were these Statutes confined
10 The opposite eide Of he Atlsu.ic. Tit
American Provinces also Eel! the (orc'
and tyranny Of their operation. and ,h'
Patriarch OF The Revolution who frame,
The Bill OF Rights, had no doubt an ey'
Ito those statutes when the clause referre.
to was adopted by them. But who arr
The people. and Who their Represents
..tives! They are the free people Of Nort'
Csrolina, met in primary, not in legisla
live assemblies. 10 consult for The common
good. The Representatives are the mem
lbers of the General Assembly OF the Stat
Of North Carolina, they are The agents
1.-The people of this Sta'e,-authorIsed t
pass laws. which can operate on the PEG
pie Of this State only. That this is IN
luue construction of this clause in the 81
of Rights, and canno. mean Senators 4
Congress, is obvious from the fact, thu
; the power TO elect Senators is no. derive
from The State Constitution; and from tn
= further fac,, that the Legislature bad n
power 10 elect Senators for many yeaI
after the State Constitution was adopted
The power 10 elect Senators is derive
from The United States Constitution, an
there is no article or clause in that u
} strumen, giving to the Legislature Il
+, power claimed for them by this Resol'
ton.