the western carolinian published weekly john beard jr editor and propn win/n r from tht beginning 764 i no 3-1 of tiik xvth volume salisbury rowan county n c saturday january 2-1 1835 bunks and fiscal agents resolution purty which have unfurled the banner of opposition in bxecutive usurpation un ,| executive dictation of a successor and well may everv whig patriot join in the lamentation which a parallel stale of things in england extorted from the immortal luiiiiis.1 hutilie irretrievable step has not jet been taken let us while we may indulge the hope fond though it be that the opposition will yet combine iis invin cible strength to prostrate an usurping dynasty nil desperandum the broad grius of the ene my should operate as oil u | the waves the hopes of van buren kendall a co are in the lis sentions of their opponents wherefore should not the whig nbers of congress meet in deli beration and suggest u presidential candidate the tiie will can und slang-whang but let them it has nn doubt many objections but so has every other mode they only will oppose it who are open or secret adherents ofthe kitchen succession does the constitution presenile a term of office to the senator if the whim of legislators is lo drive him from his post ? why is the appointment for even a longer term than that ofthe president him self it is for the plain reason that us executive advisers they may n„t depend on llllll for promo tion or continuance in office ; but remain like rocks whose base is immovable a sure barrier of defence against the inroads of usurpation and the waves of passion that surge against the pillars ofthe consti tution dining every presidential canvass let us adopt the principle of instructing men out of office and see what would he its cllect suppose for in stance that the next legislature should have n majority opposed to the administration — a case not at ull improbable us the dillerence is now compara tively small — would they not take it for granted that we had done unio them us we would they should do unto us ; and what would im your indig nation to see instructions given to mr brown which consistent with a course of honor he could not comply with resignaiioii is the alternative ynu yours ives suggest though feeling that injustice was done you could you condemn tho course of vour opponents having established the precedent for them ? justice repines thut we should extend to others all the rights which we claim for our selves and that we shin id cast the beam first and then pluck the mute the gentleman from bdgecoinb l>r potts with mure zeal than dis cretion repudiates the doctrine that a senator who as be crrectiy observes is a mere agnet ofthe m-o ple shuuhl substitute his will for the will of the mjo ple whom be represents hut he is unmindful that he together with the rest of those with whom he acts iu this case are mere agints of the people and ure substituting their will for thut of their constitu ents let us beware lest in censuring mr man gum for that which liberality would suggest be did honestly however unwisely we do not subject ourselves to the same censure at the liar of public opinion and frum our constituents whose agents we are q3 on friday the 2d instant mr gamble of geor gia brought forward in the house of representatives the following resolution : " resolved that the secretary of the treasury he directed to communicate lo this house whether in his opinion f ' m practicable ur convenient tor unit depart ment to collect safely keep and disburse the public moneys of lhe united states without the agency of a bank or banks nnd if so to re|>ort to this mouse the feat mode in his opinion by which tl.e object can bu lwho.1 " matter of party policy could i believe such sel fishness polluted tins hull shuuhl these resolutions puss ihey will do mom to injure the cause of the administration in north carolina ami bring con tempt u|hii ourselves than ill the artillery which the battlements of the enemy could hurl against iis there is u redeeming spirit in the people — there is a hand to shield the just from whence come these resolutions ? and in what language ure they couched ' if i am cor rectly informed thev come us a kind memento from a departing brother ' in testimony of ins re gard for our welfare alter his interest may hnve ceased to he one with ours wis to such regard woe to such prosperity ! were we to adopt it it would is more tolerable for many ciiits than li.r lhis what is the language of il.e resolu tions read them a request simple on iheir face but containing till the element uf deep imi i urtilice — un enemy iu the camp with u dagger in his bosom shall we bo insultingly told that these resolutions are expected to effect their declared object f is there a man here who believes lhat the reversion of mr mangura's vole would alter the 1 hi ri ml of the senate .' will the combined talent of the nation rescind their own deliberate uct cestors as the greatest benediction the god of nature hns permitted any one man or set of men lo transfer to another in conclusion when the question is taken i call tor the yeas nnd says that an enlightened people con tending for nature s noblest boon libkrtv anu justice may put tlieir finger upon the man win acknowledges no law but cnpr.ee no ri;;ht but power and is led by tl.e flattery of nrly to forget tl.e people be cau tious in your decision lest when reason shall return you should ihi found upon the st.xil of repentance de serted by the sovereigns or bowing at tlie shrine of injured innocence seeking to make restoration ibr the \\ tonga that you lin e inflicted upon your country act worthy of yourselves — act worthy of your calling — be unl i be governed nud dictated lo alone by that in ward monitor which rules in every man's heart and tenches bin ins duly to himself his duty to his feilow iiiiui nnd lus duty to his god after considerable debate on this resolution it was jaid on the table yeas hxj nays 97 in relation to this move on the purt of the adminis tjgliuii purty in congress the richmond whig says this resolution the reception given it by the confidential friends of the administration and its fete arc fraught w ith significance the resolution itself proposed an inquiry of the secretary of the treasury whether in his opinion it was practicable to dispense with the agency of hanks both state ami i'ederal in the collection und disbursement of the kevenue ; mr polk and ilis coadjutors received jimili the worst possible grace and il was linul e nailed to tl.e table by the vote of the adminis tration party a very few only of that party among them messrs l'atton and mason agreeing to make the inquiry the fete of mr gamble's resolution demon itrates a great deal : in the first place ihe purpose of government to employ a corps of state hanks to discharge those fiscal services heretofore ren dered by the hank of the united states in the second place tl.e hollowness and insincerity nf the clamor against hanks and hanking influence raised by its partisans uu.i emissaries to enlist the popu lar prejudice against bunks and in support of gov ernment in lhe third place il demonstrates the hard money professions of jacksonism which hnve propagated so extensive a delusion to have been uld now to be the sheerest and must impudent humbug thut wus ever used to gull the multitude the report of the secretary of the treasury quoted hv mr folk and that gentleman's approba tion of its views announce very clearly that no effort will lie inude by government to dispense will the agency ul hanks in the management of ihe revenue nunc hut the must childishly cre dulous cm id ever have reposed faith in the go vernment's intention to make such an efli.rt ; and protest on the land bill legislative debate dz the following is n copy of the protest men tioned in the hist csrolinian us h living been presented to the legislature of this slate on the last day of its recent session by mr haywood on behalf of himself nml others who voted iignmst the resolution in relation to nu equitable distribution of the public lands speech of mr fleming or bunaa in the legislature of north carolina on the resolutions to instruct mr mangum mb si-eakeu : it is truly with feelings of em barrassment that it has become my duly in intrude upon the patience of this house ; and for the first time in my life i hazard the expression of my sen lin.'jnts in public in regard to the political concerns uf my country in so doing i have sincerely to regret thut neither nature or industry have render ed me more competent to advocate tin rights of an honest an independent and ut unsuspecting people who l.y the management of party are about to he rushed precipitately int the admission of princi ples which tl.e mind unruffled by passion and un clouded by prejudice would condemn as the effer vescence of a zeal fur self-promotion rather than the dictates of sober judgment from the array of party and the excitement uf feeling now manifest on this floor i have no hope of altering the opinion of one individual ; hut though satisfied of this uml conscious of my inability were 1 to remain silent while a fiend with a lug uf ruce in his front ha ving concealed behind all the elements of wur is en deavoring to apply his torch to the citadel of ame rican liberty i should feel tha i was guilty of thut cowardly dereliction of duty which for the sake of popularity shall never stigmatize my name there wus a time sir and thut nut liir past when i thought i was doing justice to myself and my country in voting with those who professed to have adopted for tlieir motto the principle of " de manding nothing hut what was right and uf conce ding nothing thut was wrong while they adhered to this i wus with them and wus proud tu find that my sentiments corresponded with a majority of this honorable body hut little did 1 then think our session wus to be spent to nn purpose hut party gratification ; und thai the result of il.e senatorial election was to icrvert the sole object ti.r which we have been sent here and convert the assembled wisdom of the state into a political arena turn l.y dissension und thereby rendered totally inefficient to accomplish tl.e grund objects which we are con vened little did i think thut us apostates who had fallen from the true faith we were so soon to be called ot to immolate our liberties on the altar of ambition kneel to the god of party and emhn.ee this modern molock as tl.e divinity of our adora tion what may be the sentiments of others i know not — but for one i am unprepared for the sa crifice however much i may honor and advocate the course of the present administration i hope i shall always feel at liberty to judge freely fits nets sjiouk freely of its advocates and caution my con stituents at least against the unhallowed efforts of party to bind them with a collar upon which is in scribed — support or dismissal — loyalty is qual ification — at once not only depriving us of the checks and balances upon which we can depend lor a pure administration but in derogation of tin strongest principles of reason denying thut iiiutuul obligation between the rulers and the ruled admit ted even where tyranny bus swayed her dcs|iotic sceptre i must concur with the gentleman from cabar rus mr barringer and the gentleman from beau fort mr clark who addressed the house on the introduction of the resolutions that we have been sent here for other and nobler purposes than to reproach the conduct or stigmatize the character of any matt in the legitimate discharge of his du ty who bus not transcended the powers and autho rities guarantied him hy the constitution there is a more iinporlu.it question lor our con sideration and one upon which our constituents ex pected we shuuhl net ll is nut merely win shall represent us nr how we shall is represented bul shall we have a population at all to represent . thai the present posture of affairs is evidently tending to these cuii-ioucuces cannot imi denied by any in dividual who has observed the tide of emigration daily flow ng from our borders and transporting beyond our limits talents wealth and population whose enterprize finds no employment amid a com munity distracted hv political dissension and ha vino despaired of obtaining those equal rights and privileges which arc the peculiar attributes of free men have gone to seek that protection among strangers which hns been denied in the land that gave them birth i now call upon the membersof this house to sa if ihey are prepared in a spirit of proscription to enter tlie hulls of national legis latl unl there grapple bs their prey the hright e-l star in our political coronet sir i am not tl.e sponsor nf mr mangum as it has been termed ; with bim 1 have no personal ac quaintance and in politics we differ ofhis course ibe sovereign people have a right to judge ; hut as the representative of freemen her i am oppo posed to establishing a precedent thai will curtail the rights of a senator bj giving bim instructions equivalent to a recall thus making ihe caprice of a pa iiii in the legislature and not the constitu tion tlie tenure i their office to the utter perver sion ofthat sacred instrument which oughl to been shrined m thu beait of every american why protest can a discerning people sir discover no other object in these resolutions the capacity of this house has been egregioiisly iiiiseiineeivd if i lias supposed we were thus easily to is duped lei us unmask the monster und his hideous deformity will appear — disperse the misty atmosphere that surrounds them and dismantle hem of the drape ry in which thev are enveloped and they are un filing less than instructions to mr mangum to iih sign this is the linked truth un.l these lhe fangs they hnve stii.li sly endeavored to conceal hot ter had the instructions lk.cn divested of decep tion and then might the excuse of honesty at least been plead in their behalf hut hud the word resign appeared in the resolutions the tisisin of alarm would have been sounded und the friends of freedom would have rallied tu the rescue it would have lieeti rather too strong a dose to suit tl.e m h.tc of hones nud independent patriots who are unprepared lo sacrifice iheir country's dearest in terests on the ultar of party i hope sir that the result of ihe vote on the passage of these resolu tions will prove to our constituents that they huve yet some free representatives i consider mr speaker that in litis question is involved nu im portant principle viz tl.e right of instructing men from office who huve acted honestly before tlieir term has expired — u right us i conceive deroga tory to the spirit of the constitution if none of lhe considerations 1 have me tinned will suffice to arouse you from slumber i have only to say sleep on — sleep ou until you ure awakened by l.e clink ing uf the hummer lliul would rivet manacles to your wrists and drive tu despui.dei.ee the last hi.|ie of a belter prospect sir 1 hnve been insultingly told by some thai he who wns not a purty man was nol tlieir mini i wish to be no man's rnnn when i desert principle neither is nny rnnn my nn further tlinn ho adheres to the suinc rule he lliul goes with jmrly as well when wrong as when right is every mini's iiinii but his own i will siipimrt tl.e administration when 1 believe it right 1 will oppose it when 1 believe it wrong who in the days o the fraimrs uf the constitution ever heard of men's men those were the inspired minds thnt gave being lo our free institutions then was our govern lent in its purity nnd then wns priuc.ple the tie thut bound kindred souls together a'.iui il hns become fnr otherwise men have become the subjects of n blind idolatry and scarcely can a door-keeper u wood-cut ter or a shoe-tiluck receive an p|_oint>ucnl unless l.e belongs to the regency tl.e term republican no longer means an advocate for the republic or peo ple but hns become a clouk for arbitrary s.wer the pure principles which unlimited our forefathers in tho contest fbr liberty appears to hnve lieen entombed with their bodies if there is a remnant left by which to mark their decendants duty calu aloud for its interpo sition in behalf of the infant tlie mother and the aged sbnll wn bring confusion upon our wives and children before this generation has pussed away sh..d we suf fer those revolutionary patriotswhost.il linger amongst us as if unwilling to take their exit until tlieir de cendants have reniized the benefits of their achieve ments shall tin if bear ui their departed friends the sad 1 1 lings of man's degeneracy w.ll you give longer uneasiness to their declining nge ! or will you not send then to another and a belter world convinced that they have entailed upon tlieir offspring the bless ings of civil liberty civil liberty means iqitnl li berty and is es|m-cially adapted for the protection of the few this is the liberty of which tliat nation fro which wc sprung knglnnd i mean was proud to boast this is the liberty for which her bold lion reared his lofty crest with thngs and tulons punted li.r n death-like vengeance this is the liberty of which our own blessed stripes are etublemntic — this is lhe li berty fiir which the american eagle the most majestic bird that soars displays an unfurled banner ui tbe breeze s|mingled with stiirs to lighl a benighted workl to free dom this is the liberty winch gives the american nnmc a passport to honor in every clime this is the liberty tor which those heaven-born patriots that have gone before us risked their lues nnd their fortunes and scaled il with iheir iii.kmi and lhis too permit me u in.pe is ibe lilsirty which it will is the anxioui desire of you iitx their oll'spring to perpetuate never let it be sm i that we nr the unworthy decendsnts nf that illustrious nice or thnt mankind hnve degenerated in n land of freedom i but prove to the world in spite of ceptio reasoning that man is capable of self-govern ment nud lhat north carolinians would tie tbe last to erect a throne upon the rums ot their free institutions ; thnt ii is beneath the virtue of north carolina's free-born sons to eroueh to kiss the hand of loyalty or how the knee before the despotic frowns of power but that they would wrench from tyntiinv its sceptre innl its crown and before these rsiiolutiona paas,not nfv ns vourfel luw-cili/eii but ns ihe it'.prcscnljitivo j f freemen uji oii this floor nud in tlieir num permit me to conjure you as you respect youiselvos ns you respect vour chsractsr sa n btste as you bold lils-riv dear nnd by every lie thnt should bind iiciii to his country to strike ii filial nud n deadly blow nt lhe root of nil i ... r t v com i.iniiti..n which under tiie mask i protection would usurp our rights nml restore to iheir original purity nnd hand down to posterity no dv unimpaired but stroii..>tliciioii iinii republican fbrm of gorarnmeot 1 those free institutions we hnve iuhsritod from mu an the undersigned members of the house of com mons exercising a righl secured by the constitu tion do hereby disseul from and protest against certain resolutions relative to tbe public lands which passed m the fifth day of january 1h35 and assign the following reasons the firsl resolution affirms that any act by which congress shull give the public hinds to tl.e slnles iu which ihey ure situated would seriously allot il.e prosperity ofthe old states uud do greut injustice tu those slates l.y whom ihey were origi nally ceded to the confederacy 3d that any acl by which the minimum price at which these lands are note sold shall be reduced would serious ly affect the prosperity of il.e old states ami do great injustice to those states l.y whom they wero originally ceded lo he confederacy these t#0 propositions are blended together ill line resolution so that those who could not volu for both were prevented from supporting either one singly it is undeniable that tne uicinlicni of the house of ('•».. ...... s nre ulu.ost if not altogether unanimous in lhe opinion that a gratuitous dona tion of the public lands to the states in which tliey muy is situated would be unjust i ihe otbur states and would involve a breach of the public faith whilst it was known that divisions existed among us as to the propriety of expressing tbo opinion contained iu the second proposition before stated wherefore wo think the iimjority owed it to the stnte not i pursue a course which precluded unani mity upon the first question ; und it would seem that we are warranted in protesting against its com binatioo with a titer and distinct proposition — the undersigned de not charge thnt it wus designed to drive them from the support of the whole of the lirst resolution by framing it so as to express one opinion upon two distinct propositions yet they must vindicate their own conduct by stating thut after the resolutions were introduced and before they were adopted remonstrance was vainly made iiguinsl this combination of distinct questions ; and ull our attempts in amend were unsuccessful the elli'.l ol it has boon to force ihe undersigned to vote against lhat which they approved in order to avoid sanctioning that which they could not approve and it muy be that some of those who compose this majority have voted in favor of that which they did not approve in order lo escape the neces sity of opposing that in which they most heurtily concurred the latter conjecture will be strength ened hy comparing the vote which waa taken upon the motion to insert the substitute proposed by ono of the undersigned with the vole upon the final passage of these resolutions the ground assumed upon this point is further fortified by the fnct that after il was openly slated in the debate by several of those who advocate these resolutions that they were not intended for an indirect sanction of the bill commonly callod ' mr clay's laud bill but that the speakers themselves approved of the veto ing of thut bill by the president in consequence of the preference secured by it to the new stales a motion was made to amend the second resolution in conformity with these declarations and yet the motion wns rejected upon the assumption that they who moved the amendment were influenced by the sinister intention of defeating tbe resolutions and that the .... end nent did not alter the meaiiing of the resolution aa originally written we submit further thai the view we have pre sented of an unnecessary connexion of these two propositions in one and tbe same resolution cannot be eluded upon the pretext thai the price of the public lands is necessarily connected with the other question ; imicuiisc the price might bo reduced lo a nominal sum as a means of giving these lands to the new states indirectly or let it be reiue.n liorod the amendment proposed by one of the un dersigned to this first resolution declares that such donation whether direct or indirect would bo a breach of public faith the reasons for which lhe undersigned could not approve of the second proposition contained in the first resolution are briefly these the subject is one of great difficulty and is well calculated in perplex the honest inquirer under cir simices lhe most favorable for investigation und yet the dene ral assembly of north-carolina wen culled u|miu to net ut a late period of the ses si withoul any report from tho joint select committee lu whom it bud been referred by both i looses whilst no good reason could he given for the senate of the united statfy censured ihe president because they believed he was wrong — he is a public officer und they his constitutional advisers we instruct mr mangum to do what no high-minded honorable man can do viz undo his own acl and gainsay his own declaration we are not his constitutional advisers nor at the time xxf tl.e transaction referred to iu being us a legis lutive body tlie soul hern see now plainly ctinugh that in getting rid of the hank of tin hated states they have jumped out of the frying pan into the lire as long as their co-operatiol i necessary to dctiiat a rechurter of that hank tliny were amused by professions of juckson hostile ty lo all bunks and juckson penchant for a " hsirci money " government ; but no sooner is its defeat secured than the gentlemen from georgia nnd theii constitutional associates are cavalierly given to un derstand by mr woodbury and mr polk thnt the revenue is still to be collected and disbursed by means of banks | and although they du not tell there s.i vet they cutinnt but see that the hanking system i-to be pushed to an excess not knownevondu iliewarof l ~' 1 ' m again tl.e censure of the senate is only decla ratory in its nature whereas tl.e instructions here given ure to operate us imperative and compulsory there is another pnint which i wish to bring to the consideration nf the llnuse the opposition t the administration ure u large un.l respectable minority among tbem are men who have re flected honor upon north carolina — men who have shone brilliantly in every station assigned ihem and who have filled tl.e hlgl.es appointments within the gift of lhe legislature their opinions were once entitled to respect — if they are honest and who dare impugn their honesty — ure they not still entitled to respect apart from all other considerations that liberality of feeling that ought to prevail every enlightened body ought to be a guarantee against injustice reuse nut resentment by oppression ; for when forbearance becomes u ciiini resistance is a virtue there tire points beyond which forbearance knows no control — oven extermination is preferable to a series of multiplied w rongs civil liukktv the noblest achievement of man rs the pride uf this ego and of the ameri can people lu the language of judge lllackstonc " it is rooted in . ur very soil touch hut its harp nnd the nut lest chord in the soul of man will vibrate to the sound better is it then to meet upon those greut principles of reason and justice ordained by heaven us the law of nature and instinctively implanted in every human breast than to subject the people of the stale to the evils resulting from intestine commotions the eyes of filly thousand freemen are u|«in us looking lo their representatives us tl.e anchor of tlieir hope ; und shull we hy a blind infatuation adopt as a pre cedent a resolution that ages yet unburn may re gret ? i repeat we arc usseinliled here under no ordinary degree of responsibility we are the only legitimate tribunal to whom our constituents the sovereign people can look tiir justice and rely for a true expression of their principles could we meet them alter tbe passage of these infamous resolutions as every honorable man must term a dishonorable instruction and allege we had dis charged nur duty faithfully in disfuiicbising one hull the citizens of the state ; or should we have the hardihood to assert ii .' will the | pie sub scnlie to the doctrine ' i have a better opi inn of iheir judgment ; and although it is possible i these tunes of party management that the resolutions may ix sustained by the legislature i have no hesitation iu saying that a majority of tl.e freemen ofthe stale would re|s.'l them with indignation i hope however as representatives of a high-minded people you will consider lhe right of suffrage as the inalienable prerogative of freemen j and your votes iii this un.l ull other cases jewels commit ted to your care under an implied contract that you will dispose of them neither through partial 1 ty nor prejudice — neither lor the promotion of friends or the persecution of enemies — but that guided by the dictates of honesty and justice you will dispose of them with a sole eye to the public good what then does the public good require ! i will go farther and ask what does the interest of the jackson paktv require 1 does it require an unrelenting persecution nf ull who dure prt sunn to differ from them in opinion if so you ure faithful advocates i however hail thought it mm the privilege of freemen to differ and also to express that difference are the sedition laws to l revived . is this to is the reign of terror and are gags to l>e placed ill the mouth of every honest man who dares to speak freely of execu tive acts if so hod forbid that i should be a suppliant tool engaged in erecting it throne of des poli-m upon the ruins of a republic and aa a wtux strongest and most hugged delusion has its isngned period it is missibie to crum tbe gross est absurdities down the throats of a people ; hut it is not possible to keep nations perpetually drunk reflection and common sense will after a season ihoir sway ; and there are sufficient indica tion to prove that in virginia at least this is al ready true to a great extent the inquiry then must and will come home to the minds of the peo ple — what have we gained hy destroying the hunk ofthe united states .' what have we gained either fur the constitution or for the safety of liberty or for an honest management ofour public finances or in any other aspect l.y putting down one hank which had the independence to stand out against government and putting up a league of stnte banks chosen by the pleasure of the executive to uct ns lover nent agents and which for that reason will 4e under his influence f he who could npprehend danger from a rank nf lhe united stales so constituted as to be inditlcr i-nt tu executive favor i can apprehend none from a league of stale hunks selected by favor nml which must tu retain favor is compliant with executive pleasure must at all events have a miange obliquity of vision even should this league have less intrinsic influence than a national bunk its necessary subserviency to and union with lite executive must render it fer more formidable aliiinn s the executive m.wer too mighty for jjiith houses of congress we forbear to say any thing on lhe gross hypo cosy which throughout the wur against the hank dfthe united stales has professed ti have a " hard money system in view the executive has hut sapped the u s hunk for state hunks thai in circumstance estal.lisl.es the deceit with lticli it has acted but every observing man foresees fro executive measures the indefinite multiplication of banks instead of a gold aud sil wr reign the suppression of lhe u slates llank ill inevitably produce five paper dollars for three iiinl existed before the constitutionalism huve honestly helped to put down the hunk ; but in the election of new agents they will liud themselves submit a particle ol influence the presidency a rumor alledges that the tennessee delegation in congress messrs grundy and polk excepted hive addressed a note to judge white requesting know if he will consent to become a candidate far fee presidency judge melean i foirly in the field and from pi ranees is not likely to ih withdrawn van "* p opme chuckles at the difficulty which the fmd iu agreeing upon a candidate li « *« rock of safety to him and well may be line 1*8 it is nlw the risk destined wo fear to make ipwrock of the hopes of the great und glorious from lhe richmond whig ii speedy determination uf it by this body agree tiint it is a matter u|h.ii which the legk ture of a slate cannot enact lutes but that it only adrise iho federal government we mi il ia true impetuously follow the dictates of s'ciiiiiary interests only nnd readily conclude ill the course which that interest alone indicstes ; every one must perceive that the same rule of hon being adopted by the new stales will u»y • ti is understood thnt the gentleman who introduced the resolution n about lo have north itulnia