Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1847-02-12
DAVID FULTON, EDITOR.
VOL. 3.---NO. %.
SPEECH OF MR.. ASHE,
OF NEW HANOVER,

Delivered in the Senate on the bill to author
lie the Commissioners of the town of Will |
mington to borrow $4,000 and for other
purposes.
Mr.. SPEAKER: l regret exceedingly that |
there should have arisen any misapprehension
as it respects the position of my fellow towns
men in relation to this bill and the proposed a
mendments The Senator from Orange is
incorrect in his opinion, that the gentleman in
question made any compromise of the will or
pleasure of those citizens of Wilmington who
are opposed to the passage OF this bill. On
the contrary, he positively disclaims the pos
| session of any such power. He individually
accedes to the amendments, and lnstructs me
to declare that their incorporation into the bill
will do great deal to remove that acerbity Of
| feeling which the agitation of this subject had
engendered at home but he compromises no
| one.
have said this much, Mr.. Speaker, in or
der to put my friend Teetus IN curla. must
now solicit few moments of the Senates at
tention in giving those reasons which will
compel me to vote for the bill. Heretofore,
Mr.. Speaker, have studiously avoided ma
king any expression of opinion on the merit
or demerit of this bill. | was very much in
hopes that the force OF reflection would have
exerted its customary power over the deVded
feelings of the citizens of Wilmington, and in
duce them to adopt some other measure as
substitute for this bill-some measure which
would enable them to construct the contem-
plated Road, and al the same time assuage and
heal those unhappy feelings of division and
dlscord, Of the existence OF which this Legs
lature has had an abundance of evidence. In
consultation held with the advocates OF thls bill
positively declared my determination to vote
againstits passage, unless the proposed amend
ments were made part OF the bill. These
amendments are not of my coinage, but have
been suggested to me by those who are faml-
liarly known in our town as Antl- RenterS.-
In using this term of designaton am far from
making an odIous comparison. On the con-
trary, Mr.. Speaker, the most OF these gentle
men are my personal and political friends
Their character, take very great pleasure IN
declaring, will compare-succestulIy compare
with any number of citizens IN any portion OF
our country for its eXceilency. | will inform
the members of the Senate that any statement
made in any communication from this portion
of my constituents. may be implicitly relied on
, as containing what they believe to be true
statement of facts and | am the more partlC-
ular IN making this assertion, as l have been
informed that there has been made an attempt
to impugn the correctness of the facts contained
in the Anti Memorial offered in their behalf
by me few days since. Such attempts must
necessarily recoil upon those who make them.
They are malicious but harmless shafts.
Mr.. Speaker, the leading and most mpor-
tant amendment is that which refers this whole
c matter back to the citizens of Wilmington fol
its final ratification or rejection. This appI-
cation is of an extraordinary character, and Il
is but right-it is but Democratic to leave 1t tc
= the taxpayers to decide whether or not they
will tax themselves for the purposes set forth
in this bill. But in order, Mr. Speaker, tc
make it more consonant with my Democratic
feelings this amendment requires a majority
of two-thirds of the taxpayers owning orrep
resenting twO-thirds of the real property O.
the town, to vote in its favor before it becomes
a law; or rather, should say, before the pow
er to lay this tax shall be vested in the Com
- missioners. What can be more democratic
Especially when we consider that both the me
. trOpOlist5 and the anti-memOriallsts-the ad
u vocates and opponents OF this measure--clain
to have an actual majority OF the taX-paviny
citizens on their side The members of tn
Senate will bear in mind that have never SO
licited any support for this bill. cannot d.
otherwise than to record my vote IN It's favor
if these wholesome and salutary amendment
are adopted. In that event the whole ques
ton narroWs itself down TO this point: wheth
er or not 1t is eXpedent to authorize a com
munitY to tax itself. 1t is useless to discus
" the character of the other amendments. The
D all emanate from the opponents OF the bill
y and are of course calculated to ameIiorate IT
Objectionable features-to make it more popu
lar with its opponents | believe that the ad
,. yocates of the bill would cheerfully recelv
:" any additional alterations, if offered or sug
gested but | repeat, Mr.. Speaker, that unles
the two-thirds amendment is adopted | cannC
u sustain the measure. The adoption OF this a
: mendment is the sine qua non Of my vote.
Mr.. Speaker, | have had my attention cal
led to the question whether or not this Legs
Iature had a constitutional right to confer TIN
taxing power on the citizens OF Wilmington
The committee on the Judiciary, to whom thi
- matter was referred, made report sustainin
o, the position that the Legislature did posses
. this constitutional right This report, of course
I, does not settle the question. There is but on
" tribunal that can settle it, and that Is the Su
IL preme Court | feel satisfied, if the bill shout
Is. become law, that the opponents of the meas
d. ure will not be satfed until that tribunal doe
Ill make the decision; and with that assurance
n will not detain the Senate with the dlscusslo
he of any doubts | might entertain respectIn
this right. The fact is, Mr.. Speaker, 1t IS
g. work of supererogation for this Legislature
de consume time in making a decision that we d
possess a constitutional right in any case. W
may make these decisions, day after day, an
n heap them mountain high; but the labor avail
eS not, if the Supreme Court does not sustain IL
~ We may very we'll decide any measure to
unconstitutional, and accordingly refuse
pass tour power on this subject is strict
and exclusively negative of action. In COZ
T., clusion, Mr.. ST eaker, hope that each Sen;
ny tor will consult his own views about the vol
H. he may give on this question, and not be ntir
4 Ie enced in any manner by any thing that ha
,lo fallen from me.
&C. Western Eloguence.-A sprig of the la
Isl out West, in defending man for assault an
rs, Is; battery, addressed the jury in the tollowin
Ill strain: "Gentlemen of the jury: notwitl
&C standing the sagacious goat may browse upcc
a. nd &ha hum hla n