Imágenes de páginas
PDF
EPUB

NOTE.

No file of the State Gazette of North Carolina is now known to exist, so the date of publication of this essay is in doubt. It is printed from a clipping from that paper, preserved by Williamson himself, which is in the library of the New York Historical Society. A note states that:

"The following remarks on the new Plan of Government are handed us as the substance of Dr. Williamson's Address to the freemen of Edenton and the County of Chowan when assembled to instruct their representatives.

(395)

REMARKS.

STATE GAZETTE OF NORTH CAROLINA.

Though I am conscious that a subject of the greatest magnitude must suffer in the hands of such an advocate, I cannot refuse, at the request of my fellow-citizens, to make some observations on the new plan of government.

It seems to be generally admitted, that the system of government which has been proposed by the late convention, is well calculated to relieve us from many of the grievances under which we have been laboring. If I might express my particular sentiments on this subject, I should describe it as more free and more perfect than any form of government that has ever been adopted by any nation; but I would not say it has no faults. Imperfection is inseparable from every device. Several objections were made to this system by two or three very respectable characters in the convention, which have been the subject of much conversation; and other objections, by citizens of this state, have lately reached our ears. It is proper you should consider of these objections. They are of two kinds; they respect the things that are in the system, and the things that are not in it. We are told that there should have been a section for securing the trial by Jury in civil cases, and the liberty of the press: that there, should also have been a declaration of rights. In the new system, it is provided, that "the trial of all crimes, except in cases of impeachment, shall be by jury," but this provision could not possibly be extended to all civil cases. For it is well known that the trial by jury is not general and uniform throughout the United States, either in cases of admiralty or of chancery; hence it becomes necessary to submit the question to the general Legislature, who might accommo

date their laws on this occasion to the desires and habits of the nation. Surely there is no prohibition in a case that is untouched.

We have been told that the liberty of the press is not secured by the new Constitution. Be pleased to examine the Plan, and you will find that the liberty of the press and the laws of Mahomet are equally affected by it. The new government is to have the power of protecting literary property; the very power which you have by a special act delegated to the present congress. There was a time in England, when neither book, pamphlet, nor paper could be published without a license from government. That restraint was finally removed in the year 1694: and, by such removal, their press became perfectly free, for it is not under the restraint of any license. Certainly the new government can have no power to impose restraints. The citizens of the United States have no more occasion for a second declaration of rights, than they have for a section in favour of the press. Their rights, in the several states, have long since been explained and secured by particular declarations, which make a part of their several constitutions. It is granted, and perfectly understood, that under the government of the assemblies of the states, and under the government of the congress, every right is reserved to the individual which he has not expressly delegated to this, or that legislature. The other objections that have been made to the new plan of government, are: That it absorbs the powers of the several states; that the national judiciary is too extensive; that a standing army is permitted; that congress is allowed to regulate trade; that the several states are prevented from taxing exports for their own benefit.

When Gentlemen are pleased to complain, that little power is left in the hands of the separate states, they should be advised to cast an eye upon the large code of laws, which have passed in this state since the peace. Let them consider how few of those laws have been framed for the general benefit of the nation. Nine out of ten of them are domestic; calculated for the sole use of this state or of particular citizens. There must still be use for such laws, though you should enable the congress to collect a revenue

« AnteriorContinuar »