PUBLISHED WEEKLY. BY
WILLIAM w. noi.Di .
EDIT OH AJVJD PJtOJPMIBTOH.
THE NORTH CAROLINA STANDARD
18 PUBLISHED WEEKLY, AT
THREE DOLLARS PER ANNUM, IS ADVANCE,
Those persons who remit hj Mail (postage paid) Fire
Dollars, will be entitled to a receipt for Six Dollars
or two years' subscription to the Standard one copy
two years, or two copie. one year.
Forj-r cop.es. : : : : JJ 00
twenty" "j i 00
The same rate for six months. , .,
jU-Any person procuring and forwarding five sabscribers
with the cash (15) will be entitled to the Standard
one year free of charge. -advertisements,
not texeeedingburfeen lines, will
be inserted one time for One Dollar, and twenty-five
cents for each subsequent insertion ; those of greate
length, in proportion. Court Orders and Judicial Ad
vertisements will be charged twenty-five per cent
higher than the above rates. A deduction of 331-3
percent, will be made to those who advertise by the
vear. Qcj-If the number of insertions be not marked
on the in , they will be continued nril ordered out
Letters to the Editor wist comeVe kfpge r ley
may not be attended lo.
THE Brick Store on Fayetteville street, lately oo
copied by S. L- Tucker.
Also, the Offioe opposite the Catholic Church.
Aso, half of the Stage stables, in the western part of
the City. Apply to W. J. CLARK.
March 5th, 1845. 639-tf.
SPRING IMPORTATION, 1845.
EARTHENWARE, CHINA & GLASS.
Sycamore St., Petersburg, Va.
HAVE received by rerenl arrivals, direct from the
Potteries, a porfioR of their Spring supply of Ear
thenware and China, and are expecting daily, additions
which will render their assortment complete.
GLASS V ARE. of every variety on hand, and are
constantly receiving additions from the manufactories
STONEWAK-E, ol superior quality; oesiaes many
other articles worthy of attention.
We would respectfully solicit our friends from North
Carolina to examine our stock before purchasing, as we
intend offering strong inducements for cash or city paper. !
JOSEPH STEBBINS, j
BEJNJ. K. FUL.L.EIN,
Formerly of Kaleigh , ft , t:. y .
Petersburg, Feb. 1845 - 538 lm
ditil 1 flY, Ust
JU -- l Jldl.
NOTICE is hereby given, that I shall attend at
the City Hall, on Saturday,, lhe 2yih or Warcn
imiatil, from 10 o'clock A. M. to 5 o'clock, P. M.
to take the City Tax List for lhe current sear, as
rrquired by law.
Persons failing to render lo me, on that day, a
list of their Taxable Property, will subject ihem
se.ves to a fine of Two Dollars.
WESTON R. GALES ha. Police .
March 10, 1845. 540-21.
lERibONb desirous ot breeding
i- en: I .
s mnl authentic nediuree. of fine ac- !
rout a oiauiuu ui iuc uuirnwu :
tm tion and symmetry, of great muscular '
power, and of eood temper and sound constitution, have
now the rare ouoortunitv ofdoineso; and on the moat
reasonable term's !
The above named Horse, the property at Charles
il.i:ilv. Esq. a rich Sorrel, wirn naxen mane ano ian,
. . . , , , - . t mm i : "
and in appearance very like 1ii? grandsire Sir Charles, j
now 3ix years otu, win stana me ensuing aewiu tuw
mencing 1st March, and ending 1st July, 1845, at the j
Plantation of Charles Manly, Esq. three mites east of
llaleih, and will be let to mares at Ten Dollars the!
Si.-.n r.. ir.ttnon to onuirp frit til UEMUS lO lite
Groomfor each Man, , . !
Pasturage and grain will be turnisnea wares ii aesi-
red, on the usual Terms. Every precaution will be ta-
ken to prevent accidents, out no iiaouity is assuruea lor
The Pedigree of Strap is here given for the information
of Breeders ; and for their gratification reference is made
to the Turf Register and Sportsman's Herald and Stud
Bood, for tiie Memoirs, Portraits, and racing History of
his Ancestors, where it will be found Ihat ho comes on
both sides from the very best blood in England and Amer
ica. His pedigree may be relied on as authentic, and he is
recommended to the Public with great confidence, as
possessing all the requisites necessary for the propaga
tion of a Stock, intended either for the Turt, the Saddle,
the Harness or the Plough.
Raleigh, Febnfary 19, 1845,
STRAP was pot by the imported Horse Flexible, a
rich brown, bred by the Farl ot Efiremontpat by Whale
bone out of Themis by Sorcerer j' was. imported into
Virginia bv Dr. Merritt & Co. and stood at Wilton, in
1838. For extended pedigree, description and perform
ances of ihis Horse on" the English Turf, see printed
Bills of the day,
STRAP'S dam was Lama j a sorrel mare with a
slight blaze ind one hind foot whrle : bred by Dr Per
kinson of Virginia, and was got by W. R. Johnson's dis
tinguished Stallion and race Horse Sir Charles, that
was by Sir Archy, dam by imported Citizen. I VoU
Turf Register 473.
STRAP'S Grandam was Lucretia ; a well formed soiv
i el mare, bred by Capt. Benj Ward, of Va.; foaled in
1807, and was got by Imp. Horse u?3:ird, a chesnutrhat
was imported Into Va. by Col. John Hoomes, m 1S04,
and wa3 by Woodpecker, dam Misfortune by Dux &c.
&c. For Lucretia, see Sportsman's Herald, 310. For
Buzzard, S. H. 24 : 1 . T. Reg. 11$ ; 2 T. Reg. 12, 31 :
3 T. Reg. 13 ; 4 T. Reg. 43.
His Great Grandam was Camilla by Imp. Diomed, a
chesnut Horse by Florizel, dam by Spectator ; imported
by Col. John Hoomes, 1798, and died in 1808. 2 Turf
G g g dam was Indian SquSw, by Hobbs' Augustus, a
sorrel Horse owned by Nal'l. Hobbs of Vs., that was got
y Old Clodius, dam by Spotswoods's Apollo-S. H. 96,
G g g g dam was Indian Queen by Mead's Old Pilgrim
-S. i i.264. Indian Queen was the dam also of Bel vi lie
and the Grand dam of the race Horse Sir William 3 1'.
G g g g g dam was by Imported Janus. Janus was im
ported about lhe year 1752. and died in 1780, aged 34
years. He was a chesnut Horse, 4 feet, 9 inches hihv
with a blaze in his face, and both hind legs white 'The
Stock of Old Janus for power, swiftness and durability
have been equalled by no other breed of horses. Even
a remote cros9 of him in the most superior race Horses
of the present day is. generally esteened indjspenaablv
hecessarv." S. H 39,264, 266, 310: 1 T Reg". 176,462,
G g g g g g dam was by imported Jolly Roger. This
Is the first borse that gave distmcTion to ine racing siock
of Virginia. His performances and pedigree are record
ed in the name of " Roger of the Vale. "He was a cbe
nut and commeneed covering in .Va. in 174 when he
took the name of Jolly Roger. He was got oy Round
head, that Wasby Fying Childers.and his dam by Partner,
S. H. 40, 3102 T. Reg. 19, 207, 212, 574 '
Ggggggg dam was by Imp. Valiant, a Dun Hone,
fot by Dormouse, dam by Old Crab. Val.arrt was the
ire of the celebrated running horse Brimmer. S, Hv
63, 3102 T. Reg. 214,
Geeteeer dam was an Tmnorf ed Marp.
In STJL1P is thus united on the part ofhis Sire, thai
blood of Godolphfn Arabian, Herod, Matthem and
Eclipse ; and on the other side' of his dam, the blood of
Godolphin and Darley Arabians, Flying. Childers Jolly
Roger, Janus. Diomed, Citizen . Sir :Archv fcc; ape. &c, ;
Barnes that have distinguished the blood Horses in Eng
land and America, for the last century;
March 1845, M 540 .
. ; n ,,.., a,
Fresh Oardest Seed,
Of the Crop of 4841, jast received ami 6k Sale at m
Drug Store of" ' ''
WILLIAMS HAYWOOD, . Co.,
Raleigh Feb. 1845. 586 4 n.
New York City Advertisemente.
" Lamps to Burn Camphene."
HORN'S PATENT SOLID BOTTOM GLASS
FOUNTAIN LAMPS for Camphene or Chem
ical Oil, have become universally celebrated and sought
after.as the most parfaet ''Lamps" ever i aveoted. They
meet thel approbation and praise of all who use them.
Try all others, but do not fail to try the best, the chea
pest, and above all, the Lamps that will give the great
est light with the least expense. They are tbe most
simple and easy to manage and trim, cannot corode or
become heated while burning, easily cleaned inside and
out, and not affected by a draft or current of air Lens
than half a cent per hoar will give you a splendid light! ! !
" Try one." Manufactured wholesaleand retail by J.
0. Fay, No. 16 Fulton street, (Son Buildings.) New
York, viz.: Stand Lamps for Parlors with or without
Lustres ; Suspending Lamps for Stores, Hotels and
Churches; also Chandeliers, Side Branches, &c. &c,
in any style desired, or made to order.
N.'fi. Ladies, it you wish to preserve your eyesight
to a good old age, or want a strong and beautilul light to
sew or read by, do not tail to procure one of these Lamps.
One in the centre of a large parlor will enable you to
read the finest print in the most remote corner.
March 19, 541-iSt.
SPRING GOODS 1845
HALLOCK, MOUNT & BILLINGS,
1T3 PEARL sTRST,'Ooe door above Pine Street,
ARE now receiving by late arrivals from Europe, and
from Home Manufacturers, a large assortment of
FANCYand STAPLE DRY GOODS, adapted to the
Spring Trade, which they offer by the piece or package,
on favorable terms.
Their stock consists in part of -m
Cloths, Cassimeres, Sattinets, Vestings, .
American Prints of all styles,
Brown and Bleached Muslins, various styles and prices,
lnsn .Linens, Linen Lawns, ocotcn tjingnams,
Printed Muslins and Lawns new styles,
Balzorines, Alpacas, Lustres,
Silk and Cotton Work.
Isillr Mil Pntfori Vflvpl
ancy t rench and Engiisn uatnoroona,
Spring Tweeds single and double width,
Check Gingham and Merino Cassimere,
Drab'D'Etes for summer wear,
American Pantaloon stuffs,
Brown Hollands, Silesiasand Paper Cambrics,
Fancvand ailkhandkerchiefo. Ribbons, sewing Silk and !
Cotton Hosievvv-bleached and brown,
f.-.r.lorl filrtrt TaKl f!nvAr. T.Jnpn Thread.
Jaconets, Camorics, Gloveaj c. 4tc.
f ..ntm uv;ntr fnr Pash will find It tn
iQleiT inrerest to buy ol us.
March, 18-15. 640-lTt.
NEW SPRlftCr GOODS.
RICHARDS, BASSETT fc ABORN,
148 PEAKL &T. NEW YOTK,
Arc receiving and offer for sale, at the lowest-market
prices, a very large stock of
Cloths, Cassimeres, WaistCQating-s, and
FANCY DRY GOODS,
Qr EXGMSH AND FRENCH MANUFACTURE,
inrindin iras and trimminza of everv descrintion. for
o w f
UUimsers anu, luefciuju j. unuis.
All those who resort to our market for their supplies I
will find it to their interest to visit our store and. exam- ;
ine our stock
New York, Feb, 4, 1845
FRINGES, TRIMMINGS, &c,
B. A. BOOTH,
100 WILLIAM STREET, NEW YORK,
Importer and Manufacturer
Vf Rugs, &c. Gimps, Dress Cutf-and Tassels, Ze-
F FRINGES, for Dresses, Curtains. Carriages,
ph;r Worsted, Canvass, 4c. Coat Cords, Cloak Tassels,
&c A kjnda o Binding9 mtld Faiic- Trimmings A ;
larRC at9ortmeut of W4li CoUon Fringes, &c. Stx.
He invites attention to his assortment, which will be
kept full during the season, as he will be receiving the
newest and most fashionable styles.
Offered by the Package or otherwise.
Terms and prices shall be such as to give satisfaction.
fjCJ- Ail kinds of t.iinmings made to order.
January 29, 1845. 534-l$t
YTENBY BODMER. Jr, No,
. . 1
7 W am st. Now
Boting Cloths, Anchor sf raud, warranted to be of the
best quaity, in all fhej numbers from No, 00 to No. 10 !
"V -w Annoltnt ia rano 1 uiner vVooK annn oa r- f
incosive, in ootn o-- anu o niuim, wuicu ne oners lor
. - . . . -rf. . i : j.i . 1 : i i . n . 1
sale at the very lowest market prices.
Address orders a9 above
Deo. 24th, 1844. 529 13t.
For Saturday, April 5, 1645.
$60,000 $30,000 $14,068,
2 prizes of $10,000 50 do. of $1,000
ALEXANDRIA. LOTTERY, ,
Class 14, for 1845.
drawn at' Alexandria. D. C. Saturday.
pril 5, 1345, by and-under the direction
of Commissioners appointed for that
1 grand prize of
L do. .. , v4 . .. j,
2 prizes of
ro n o
h -bur. --v
Z i. r - . , ,4
' 1 hfl
2B0 . do
!- : . COfV'jm 01 5?d ' 1
1 -aWi'ju.A j
20S0 do- Cist drawn Nq.)r, h : ....... u.
2080 do C2d drawn INo.) , 25 -
20S0 do Cd drawn No4,,:,lf), ;, 22
20800 dP (any -other do.) 2q,
78 Number Lottery 13 Drawn Ballet.
WMe Tickets 0, Hahre 10, lo asters:
Eighths f 56. -
Oerlifjcat4ts of packages' oaikH -in this
magnificent Lottery carr heotliinfeas folfewa :
Certificates of pac(gesof 26 wh6le tickets fc26
u r-,Jd do - bukrr .
Do. d 26quarter do 66
Do. do 2A-ightha do 32 50
fit Orders for TickaW and Shares and Certificate of
rackageam ine wd '"k
most prompt ateotiph, and an official account of each
wing sert 'mImeaiMeffP; " !f'07-f.Vpau wno or'
1 ma A nni km
Washington Ctyw D.; C- ,
r! I M.r
anks for sale at tiki OHtceCI
TUB CONSTITUTION AND THE UNION OF TH8
RALESfttfl, IV. C. WEDKSDAV, IfllRCH 26, 1845.
SPEECH OF Mr. DANIEL,
0 NORTH CAROLINA,
On the Annexation Texas to the United States.
Delivered in the House " of Representatives,
January 24,. 1845.
Mr. Chairman : Before I proceed to the sub-
ject before the committee, I must avail myself
tins occasion iu niuuc a unei itirirnw; iu iuc uaira-
action in the Senate of North Carolina, alluded
to by my Buncombe colleague. The case of Mr.
Ennett lias been very unnecessarily and indiscreet
ly clrawn into this debate for party purposes. As
the aspect which has been given to it is not war
ranted by what I understand to be the facts of the
case, I conceive it to be a duty nfhich I owe to
the Democratic Senators xf North Carolina, who
have no opportunity here of vindicating them
selves againstlhrf imputation attempted to be" cast
upon them, to make a statement of the material
forts of the case, that it mav aopear in its true
J.ght. I have the pleasure oi a personal acquaint--
ance wun many oi.ut oiriijuwis, aim hum cay ui
them, as I believe I may of all, that they are men
of high honor and great purity of character; and
it will be seen that, in this particular transaction,
so far from meriting the censure, they deserve-the
commendation of every friend to the principles of
representative government and popular rights, so
little regarded by the minions'of Federalism.
The account given of the transaction by my
colleague is as follows ;
w When our Legislature, now in session, assem
bled, there was a tie between the parties in lhL third resolution. The committee say in their re
Senate. Each party was of course desirous of; ort: ;c h must be manjfesti upon lhe con9id.
electing a Speaker and other officers. According 0. that if a mnn produces and uses for his
to the o d and well settled law of the State, each i - , c. r i - . j
member elect was bound to produce, before his benefit a foTged tnsirumcnt, and gives no sat
qualification, the certificate of the sheriff of his Iwractorj account either of the manner m which
having been elected. But one, who claimed lobe j he became possessed of the, instrument, or of the
a Democratic Senator, Was not provided with such perpetrator of the offrnce, he ought to be held
cerfificate. and the fact became known through the himself to have forged or aided in the forgery."
indiscretion of those friends-that he consulted in j This is the groundwork and foundation of the
his dilemma- When the lime came for the open- ! committee's report and. resolutions, and it must be
ing of the first dav session, tins individual much prrsumrd the vole of lhe Whig Senators for the
to the surprise of his political adversaries, at least, . . f M p - ..
presented a' forged certificate in the usual form, eP,llsl0n ot Mr. Jnnctt.
was qualified as a Senate, and took his seat. It "The rule of evidence which the committee
was five days before the body was organized by the; ought to have applied to his case," says the protest,
election of a Speaker, dke. A committee was,
raift to investigate the affair. The v. uoon evi-
tlence of the most conclusive character, reported certificate) have come to He possessor 6y his own
that the certificate had been forged either by the ; act, or imVA hi undoubted concurrence, it affords
Senator or by his procurement, and knowingly us-. presomptioo of guilt.' (See Judge Gaston's opin
ed by him lo impose on the Senate, and rt eom-! n in the late case of the State vs. Smith, 2 Ire
mended his expulsion. The vote of ihe Senate ' dell's Rep.) In Mr. Enheti's case, the evidence
was unanimous on the first resolution, declaring the J did not manifest that the spurious certificate came
certificate a forgery ; but upon the second, declar-1 to bis possession by his own act, nor 6y his own
ing that he ought to be expelled, every immSer of! concurrence, nor that no other perscncould have
his parly voled in lhe negative, thereby saying that,
though he had committed forgery, he was not, in
their opinion, unworthy to sit with Aem."
The committee appointed to investigate the mat
ter, reported the following resolutions:
"Resolved, That the certificat- of the Senator
from Onslow, and by him introduced to the Senate
j as genuine, the first day of the session, is a forgery,
!f a i k r ,i
"Resolved,' I hat inasmuch as no evidence has
en offered before the committee to implicaie any
other person in the transaction, ihat lhe &nmor acquired by hi own taking, then the whole pre
himself has either been fuilty of the forgery, or sumption fails."
procured it to be done, or was at least aware it was i jn fl recent caS- the Slnte vs Scip;0 Smfr
. i O . 1 . . . - 1, i ka av.tAllitil
rjUi S C II VI I 11 1 j dUU t ii v I r,iui w untiiovu m aisww uj'vu
tue Ofumr, auu oujjih iu . Aimu.
l(Resolced, That for ihe reasons aforesaid, the
Senator from Onslow be, and is hereby, expelled
from lhe Senate, and his sat thesem vacated.
The first resolution, as slated by mv colleague,
passed unanimously : but every Demociat voled
Gainst the second and third resolutions, which
' A K., .h oni.o- f ih Whio-
, "v- r " 7: 77,.:". ,u
UUCdhVI. M. t-S i v. ' -...w i
ICaOIUllOns liuve utt ii ciiiukuhvj in ,i uiuicBiuijaiiici
' i p
their passajre, drawn np with great ability, in
r . o . t . . .. J
lesolutions have been emDouiea in a protest agatnsi
which the erroneous- and utterly indefensible po
I , U nrl , t : .
sitions assumed n the report ot toe committee,
, 7 , 7 ,.i.- .'
J UIIU Vi . V. i i, IUUV1VIJUIUI1. uw-
. j, , . , , ' c i
amtned and exposed with a clearmss and force
, ii j r .u r
rarely equalled. I cannot present the merits of '
. - . 1 1 ,
the controversy in a clearer light nnd vindicate
I J M . C 1 U a Jtr. m am w4 I G? milAi-fl vk o
crssfulJy by sfaling lhe maleria parls 0f that
, , . Jr J 1
niHH nni iitimih.
the committee applie
in too broad, aish, and unqualified a sense; be
cause the evidence was not correctly reported; be
cause tlvat report. , was . accompanied by nn argu
ment n gainst Mr. Ennett, based upon unfoundt d
assumption, and tended to prejudice his trial be
cause that report and the principle, contained in
the second resolution threw upon him the burden
of establishing his own innocence; because his
counsel was denied that liberty of speech which
is indispensable to afair aijd impartial -trial ; and
because Mr, Etmelt's account of the way he was
put in possession of the alleged spurious certifi
cate, an4 which was part of the evidence reported
by the committee, being uncontradicted. and fully
supported . by the .whole evidence nut in on his
trial, and corroborated by unquestioned :proof of
his having the most unhleirushed character, form
ed a weight of Testimony which repelb d every
suspicion of his-girilty connection with the spuri
They then proceed to give the fucis and real
sons (pr their conclusions, from which it appears-,
i; that Ennett Jeft home undi.-j the most confident
belief and expectation of receiving his certificate
in time to take his seat on Monday, the I81I1 of
November, he day of lh-meting of rh Legisia
tdre that he was rd risedj -bemre he left home,
and after reaching Raleigh, by several mcmbeis
of the Legislature, that his certificate was not in
dispensable jtf his taking his seat, jb'ut.lhat his col
leagues, or others, wpiild be heatd to prove hi
election, as bad been the practice ia other cases."
That a stranger called at hie rtom on Sunday
night about eight o'plok, arid said he had a letter
far him, hut did not make hrmsefef kwrnythaf
Mr. Ennelt asked him to walk id the 'stranger
replied he was in f hftrry, handed Mr. Ennett the
letter, and immediately retired in the dark ; that
before the letter, was handed birhe tailed. at the
post office for. his certificate, which, he expected
to arriite every- hou rv but did n jgnowAwfi ether
by haor mail ; thtbeaaipm the certifi-1
cafe resembled -the handwriting of sheriff Averitt
but srightiy, oik enough to martre a person ac
quainted with it stlprjolse'ft mfttfet have been w'Trt
ten on his knee : on the 29th i November, hav
ing iceJKed is, certificate in a letter from sh,'ejp'iff
Averitt, enclosed in-alafier from a Mr. Marble, .he
presented the certificate and the two letters. to the
Senate, made his statement how the spurious cerr
riftrnte had been nut trnrin him. and tbnt haUw
BWe'tfdj tom'owVKrw&ifoll he htrtTbeen
imbsed pon:uand daifed' IteWiialb fHftteV
cs-mmittae to miresHgtrfec mrrttrfy th
ocratic Senntors say they protest I"1- ?,m F " T 'y
passage of the two 4ast resolutions, be- j ----- - SP1
rule of evidence which the majority of ; : ' . . . 1 i . . j . .
j : 1 - i 1 1 ,1 ; t-iiusr-. jiTia int. uitdei srjriteu uisu uiuicst 7t i-nis,
TATE8-THKY "HftJST BE PHK8KRVED.1
mittee of investigation, in their report of lr. San
ders' evidence, represented him as saying Mr.
Ennett informed him on Monday, the day of the
meeting of the Legislature, that he had no certifi
cate: that Senator Wilson, a democrat, stated on
the trial that Mr. Sanders stated in the committee.
two or three times, he did not recollect whether it
ofTvvas Sunday or Monday fhat Mr. Ennelt told him
he had no certificate ; that Mr. Sanders, when
called "to the bar of the Senate, swore that he
told the committee, several times, that he was un
certain whether it was Sunday or Monday, and
that since his examination before the committee,
he was still uncertain j" that the Hon. Wm. H.
Washington, of the House of Commons, proved
that Mr. Ennett's general character was that of
" an ignorant, inoffensive, harmless man, without
'a blemish rttting upon it ;" another gentleman
proved "that he stands as fair as any man in
Onslow ;" Mr. Nixon, of (he House of Commons,
proved that he had known him intimately for ten
- . i , ', i . i . t
j ears an(j hA bh genera character was that of
an honest, g
good man, teilho.ul a blemish, simple
arid, CQnfiding ; a domestic man in his habits ; a
sober, moral, industrious farmer, a kind falhtr
and an obliging, benevolent neighbor."
These are briefly the facts set forth in the pro
test, about which I believe there is no controversy
It presents, also, clearly and forcibly, the perver
sion and misapplication of the principle of law
upon which was founded the report" of the com
mittee and the second resolution, embodying the
reason for Mr. Enriett's expulsion, declared in the
' is this that where the possession is of such a
amd as manifests that the stolen goods (or forged
' naq a monve w put me possession upon aim."
In another case, the rule is laid down by the
Supreme Court, with this important qualification,
so strongly demanded by the circumstances of Mr.
Ennetl's case :
" The force of the presumption depends upon
the ability of the accused to show with facility
the real truth j andhis refusal to doso, if there be
other circumstances from which it may be judged
fhat certainly or probably At possession was not
the rule relied upon, is stated by Judge Gaston,
j " When we examine the cases, in which such a
j presumption has been sanctioned, or consider the
! grouuds ol reason and experience
n which ihe
presumption is clearly warranted, we shal. ficd ha
" PP" ly wnen nis possession is oi xino
w,1ch manifests that the stolen goods have come
to ihe possessor by bis own act, at all events by
S CNOOOBTEO CONCl'RBENCB.'
, . r.L . r
ip protest, in speaking of the interruptions of
v a J . ,
Mr F.nnptt.s rniinsel. savs: " I he under9io-n?d
- 1 .-r o
IIUIUJC1 WIUlLJi l lb litlta lUai (l lilt LUIIllllllHC 111
. . 1 T. , . , f ,
their report, and the Senate, by the mode of his
( I , I -
trial, had thrown upon Mr. Ennelt the burden of
nrovmo1 nis own nnocencr, coiiirnrv to me m-u1
r " 7 , . 1 , . 1
nil 01 law . unu uauiit a 111 cam , i s tuuiisct
, ' V r r 1 ,u .l
"2h"f prnlr-ge of replying to such objections
as might have been made in argument to that
(that the Speaker ought not to ha e interrupted
Mr. Ennett's counsii as he did, by repeatedly call
ing him to order; for we think it was the coun
sel's duty to say what he did, when thus called, to
order, with a view of securing an unprejudiced
trial to his client" From the repeated calls to
oider by the Speaker, and the limited range of
remarlf allowed, the counsel of iMr. ennett, be
lieving he could not do justice "to his client, took
his seat, and soon afierv the resolutions excelling
Mr.JCnnett were passed by the Whig Senators,
with the casting vote of the Whig Speaker.
I have, Mr. Chairman sketched briefly, but
believe truly, the features, of Mr. Ennett's case,
from which the committee and the country will
be enabled to preceive what part the Whig Sen
ators, as well as the Democratic Senators, acted
in it, and will judge whose course is most com
mendable, and best calculated to uphaid and main
tain the. principles of representative government
and popular lights, so esseentialHf involved in the
case. Sir, the "people of North Carolina, who
are more immediately interestedwill judgAw
themselvfs, au4 I do not fear the result of their
judgment. So far as .the county . pf Onslow is.
concerned, they have already spoken, by sendipg
Mr. Ennett back to resume his seat with those
Whig Senators, whose rare and extraordinary
pretensions lo honor and purity drove him from
theli presence, regardless of the deep wound they
inflicted upon ine rights of his constituents, with
but seventeen rotes cast against him. Sir, I must;
be permitted to say, in dismissing this topic, the
Democratic Senators have no cause to regret the
course "thev nursued : in- the case -of Mr. Ennett.
and as little cause to pine at laurels which tbei-r-
.... 1 : l L .1 u: .
VV nig opponents nuve yameu uy 111c imn icveuieui
of which my colleague has so proudly boasted.
In aprdatfhfng'tbe subject befc-re "tbe commit
teePHvlf dtrett thy 'remarks to the principal
giMmd'Mpen wHIchhiB opppsition to the admis
sfri of Texas has beefi5 Mffced--ttrte want of con
stkutiebat sr-Jand if my trlrtet!l perrfftl,
e9ime!tBef other objections. m
The first clause ofthe ihirdsoctipb of the fourth
TtVilKVi V Writ' r&tfi& Rlatpt: hnll tSp' fnxmed
erecteAh'mrh the jurisdicuon of any other State,
dfiraiiY iKrue be.fbrmed bv, (tie 'function ofiw
I 1 1 j o k. 1 1 mj . I w . ,v i . ii. w tZT .
or' moireJSt!ates: 6f rfayiafaaie's" without the con-
sent of tWe'ljegistures of the Siaes concented."
Whett.lke C0t1sthut.0n tvas formed, the British 1
the herfh, arid tbc Floridas and Lmi-
article of the Constitution, is in these words J
.kto TTYimrl - Vint Wn Mimr StiatPft shiill tSp' tormed nr
isiana on the south and southwest, commanding
the navigation of the Mississippi river, bounded
the States upon which it was designed immediate
ly to operate ; and there was much unsettled ter
ritory within (he original limits of some of (he
States, which had been ceded to the United States,
and some without the chartered limits of the
Slates, but within the boundaries agreed upon by
the treaty of peace in 1-783. Now, the Jerm
"Slates,' in its ordinary histoiical sense, is of
very comprehensive import, and used to denote
any political community without regard to its
form of government. Hence we speak not only
of the " United States of America," but of "the
States of Italy," " the States of Germany," " the
States of Europe." In the ninth section of the
first aiticle of the Constitution, we find the term
" State" used in this comprehensive sense, where
it is provided, that " no person holding any office
of profit or trust under them, the United, States,
without the consent of Congress, shall accept of
any present, emolument, office, or title of any
kind whatever, from any king, prince, or foreign
S(a(e." The word :i foreign" does no( enlarge
(he impor( of (be term " State" but was intended
to avoid ambiguity, by excluding its application,
to the States of the Union. There is nothing,
then, in the term "Stale" or " Sla.to," in other
parts of (he Constitution, to give to the term " new
S(a(es" a technical meaning, and rcttric( their or
dinary import; and the circumstances by which
the framei s of the Constitution Wfere surrounded,
favor the conclusion that (hey were intended to be
used in their most comprehensive sense, and (o
embrace "ww States" arising in contiguous ter
ritory, as well as within our limits. It was then
seen that no( only would " new States" grow up
within our limits, but, from the revolutions and
changes to which nations are liable, "new States"
might arise in the foreign territory by which we
were surrounded, which, on account of (he navi
gation of (he Mississippi, U would be of (he high
est importance to admit as members of the Federal
Union. And they therefore provided for such
contingencies should they arise, by vesd'ng in
Congress (he power (o admit "new States into
the Union" in (he most appropriate and comprej.
hensive terms the English language afforded.
If a doub( remains that ihe power (o admit new
States into the Union was intended (o apply to
new S(a(es, of foreign (erritory, as well as territo
ry within the limi(s of Uni(ed States, it will he
removed by a brief review of (he history of (he
convention in reference to (he clause in question.
In (he Articles of Confederation which the con
vention that formed the Constitmion assembled to
revise and amend, there was a clause for (be
admission of Canada and other ooJonies in (hese
words : " Canada aceeding (p this Confederation,
and joining in (he measures of (he United States,
shall be admitted into, and entitled (o, all (be ad
vantages of this Union ; but no other colonies
shall be admitted into the same, unless such ad
mission be agreed to by nine S(a(es." In the con
vention, Edmund Randolph of Virginia, intro
duced a series of resolutions touching- the powers
neccssarv to be vested in the Government thev
were about to lorm, (for they did not confine
themselves merely to the revision and amendment
of the Articles of Conjderalion. arid Charles
Pinckney of South Carolina, a plan of Gevern -
. . . -
mtot. William Patterson of New Jersr v, at a
snbsrqncnt stage of proceedings, submitted a series
of resolutions also. In each of the series submit
ted bylVlr. Randolph and Mr. Patterson, there
was a resoffltion for the admision of new States.
and a similar provision in the plan of the govern -
ment offered by Mr. Pinckney. The resolution
of Mr. Patterson and lhe article in Mr. Pipckney's
draught of a constitution proposed to give Con
gress the power to admit new States, without re
stricting it to States arising within the limits of
the United States. But lhe resolution of Mr.
Randolph propoced to restrict the power to the
admission of '5 Stales lawfully arising within the
mm. . . tr-r r. si mi 1 a
Units of the United States." The resolutions of
both Mr. Randoloh and Mr. Patterson, and, the j-ate heQr we P?wer adni,t new Srates out
draught of Mr. pinckney, ,- were Werred to the of " "n be called into action, and that Texas,
commuieeof the whole. Mr. Randolph reso- therefore, rnust be first acquired by treaty before
lutions seem to have engrossed the attention f, it tap be admitted as a State. ThdP the treaty
the committee, and, after discussion, were report-! PDw.e" has boen Tesorted to, in the instances, of
ed with amendments to the' convention, and then ! Louisiana and FloTida4 to enlarge our Inmts and
referred to a commiiteeacallfd "the Committee of!ten(J our jurisdiction, We all know. And I
Detail." for the purpose ofdraughting the form of, free,y adfn,t thal in o8e c.a8e and in ,al1 s,r"
a eorrstitutioncqnsisting of Mr. Ruttedge Mr. Ran- cases, that power only could be properly resorted
ddlph, Mr. Gorham, Mr. Ellsworth, and Mr. Wil- j l- I ln5nk ? equally cleat, upon general priq.
son. The resolution for admission of new States was P11 as applicable to cter peculiar and comple
reported by the Committee of lhe Whole to the system of Qoverhmeiit, the war power lodged tn
convention, arid then referred to the Committee of, Congress, and not tn ihi Exceptive, might, nn-
Detail without amendment. In the 17th article
of the plan ofa Constitution, reported by the com
mittee of detail, the -resolution of Mr. Randolph
was substantially preserved, though somcwhat.va:
ried in phtateioiogy. So much of it as is materi
al to the point under consideration was in tbese
words: "New States lawfully constituted, or es
tablished within the limits of the United States,
may be ndmitfed by the Legislature into this Gov
ernment." This plan ,was again considered in
convention, and while, the article for admission of
new States was under consideration, Gouvemetir
Morris moved the following substitute: Ney
State's niay be admitted by the LegisjaUtre into
this Union, but no new State shall be erected
within he limits of tfnv'of the prpsent States with
out the consent Of the Legislature of such State as
welt as of the General - Legislature ;" which, to
the word " Union," inclusive, was unanimously
adopted. The word "limits" was changed for
u jurisdiction" and some Other amendments made
by the convention, or the committee of revision'
or " of style and arrangement to which the plan
was successively referred, so as to make it assume
the forth oT the cfause as it now stands in the
Constitution, ft will be seen Ihat Gpaverheur
Morris's suhstitrrte dispenses with ths ymr'tclion
,i M m - . ' I' 1 . ... ' , u lia.
conrrnmir theowpr to 'new islates lawjuUV con-
stituled. or tstabtisheH within the limili of the
United States," and 'Uses the word " Union" in-
teau 01 xxoverjimemi. iuc umj uuruvtujvii
tinon the power to admit new Stales was,, that no
new Slate should he erected within tfc limits of
any of ihe then existing Slates, without the con
sent 0 tne Legislature oj snvn miate as weu.as
of the General Legislature or Xhng rets) This
qualification would have 'excluded Vermont with
out the consent of Nevv York, within whose lim
its she was, settingr herself up as an independent
State?;against'llie claim and authoritity of New.
York : but would hot have wotected ahv State
thereafter to he admitted from dismemberment, by
a portion of hr citiens throwing off her authori
ty arid jurisdiction, and setting themsplycs up as
an bcUaehdent State, as Vermont bad 'done''.' BoJl
Htt cilrtof itdttn fr Iks utnrrt " ntt f,tA,nl,nW1 f.-r '( li.ni.
VOLUME XI. NUMBER 54 J.
TFRTIS-; PER ANN I 'I,
PA YABL E IJV A3 VAJfCH.
though she was within the limits site waa n$
within the jurisdiction of New York, being her
self in the exercise of sovereignty. And it if not
improbable that an eye was had, by some, to iha
eventual admission of (he western country of Vir
ginia, and J!i an k land, (now Kentucky and Ter oca
see,) as State, into the Union, without (he consent
of the Legislatures of those Stales ; for although
they were then under the jurisdiction of those
States, as well as within their limits, it was not
improbable that, in course of time they might
throw off the jurisdiction of the parent Stales, in
case the consent of their Legislatures should be
withheld, and apply for admission as independent
But it has been insisted by some that the sttbsli
tute of Gouvcrncur Morris was not to extend the
power so as to admit new States of foreign torrh
tory, but simply to provide for the admission of
Vermont. Now, so far from that being (he ob
ject of the substitute, I have shown that it was to
worded as to exclude Vermont without the con
sent ol New York, and did not, therefore, differ
from the article it was intended to supersede, so
far as Vermont was concerned. Indeed, (hero
was much diversity of opinion in the -convention
as (o (he propriety of permitting Vermont to como
in without (he consent of New York ; and while
the substitute was before .the convention, and be
fore (he modifications of it were made with a view
to its admission, a motion was made by Mr. Sher
man to postpone the substitute, m order (o take up
the following amendment, "the Legislature shall
have power to admit other States into the Union
and new States to be formed by the division or
junction of States now in (he Union, with the con
sent of (be Legislature ol such States," and was re
fected, partly, no doubt, because it would le( in Ver
mont without the consent of the Legislature of
New York. The amendment was obviously ob
jectionable on another ground : it provided against
the formation of new Slates " by the division or
junction of States" then "in the Union," but made
no such provision in regard to States which might
be afterwards admitted. To this objection the
substitute itself was liable, but was afterwards
mended by the modifications which it underwent.
If the object of Gouveneur Morris was not to re
move the restriction upon the power to admit
new States, but simply to provide tor the admis
sion of Vermont, the simplest and most obvious
way of accomplishing that object was to move to
strive out the word " lawfully" her exclusion in
the article reported by the committee pf detail, as
well as in Mr. Randolph's resolution, resting en
tirely upon the fotce of that word. I submit, (hen,
Jjki-r. Chairman, thai ihe terms of the clause for the
admission of new States, (he circumstances by
which the convention were surrounded, arid the
britf historical review of the convention in refer-,
ence to the article in. question, place it beyond all
controversy that " new States," whether of for
eign territory or within the limits of the United
'States, are the objects upon which the power vest
ed in Congress was intended to operate.
Mr. Chairman, two modes of admiuing Taxas
into the Unron have been suggested by the sever
! l.r i t - cr i . i
j1" resolutions wnicn navw oeen onereu-ino ottm
j 10 admit it as a State, the olher to ddmit or accept
ji1 a territory. I maintain that it is within ths
1 power vested in Congress lo admit Texas in eithsr
: 01 ine raoaes mai may oe oocnuu oesi
If, sir, I have conclusively shown, as I trust t
have, thai the power to admit new States extends
to States arising without us well as uithin the lim-
I its of the United States, ft will follow as clearly
jas a coronary irom a mamemaucai proposition
VUClb i r Ada USB Jf K- ill 1 -vlu A" fi. ; j uun rw
forsooth there is something solid in other objec
tions whith have been urged. Those which seem .
to be most imposing, I will proceed to examine.
Jt is objected that the power to acquire foreign
territory belongs to the treaty-making power, and
is lodged w ith the Executive branch of ttrb Gov,
erhment. and that it must be first acquired by
, treatV5 Wlt" the consent ot two-thirds ol the Br.
aer some circumstances, oe maqp instrumental in
enlarging our limits and extending our junsdie
tion. For. but for ihe restraints of the Articles
of Confederation, find now of the Federal . Con
stitution, the treaty and war power would exist in
each of the States ofthis Union In their fullest
extent, f hey are indispensable to the political
existence ol the every sovereign ahd independent
community; These pawers were transferred y
the States tX the Uniorirto the Federal Govern
ment, with all their necessary incidents, and vet
ted the one in Congress, the other in lhe Exe
cutive fo be exercised by and with the advice of
two-thirds of thejgenate ; not for the purpose -pf
impairing, but strengthening, their political ex
istence, put what does all this prove? Not
that Congress cannot admiti Texas as a State
or as a territory - ft only proves that our clerr
headed and far aninvide-scemg ancestors had the
wisdom to a rift that Government which is the adS
' . . . ir.t.. ' U
dom or di
be intrusted, for the time Jteing, tq resqrt to tl
one or the other, as (iircumstances migh . render
necessary. Vesting in different brnnchesbf the
Government power, p accomplish the same, or
similar ends, to be ekercised as circumstances
might rendfjf Hjqst appropriate for the one or
the other to be Resorted Xo, docs not necessarily
produce any t&0mcutn rh"Hr exercise. Congress
has the power u Id thy and collect taxes, duiie.
i'muMl and jCxcVsesf : and tito lo regulate com.
mer ce win J'efg -wwtn. imn, (j iiLmuy
W a tariff qf duties npoq
hich goodVJroiTibVbtfd may be imported intq
the XJmtr in sqmfe iqstances, the
treaty-maKing power wnpw appronriaie unpuons
ahperta'h to oqr foreign relations, has been resort
ecf to, to" bfyalfl ad'vhrBBj 4 our cormn -rcial in,
tehwdrse" 'with' foreign nations, to which the
power of poflress ns a legislative body was for
appropriate and inompeteflt ; afid commercial
conventions have been concluded, th
tionality dt which
than 6rte' 5fbir the' accomplishnent pf
or SimflaV ends ; leaving it fo lhe wtir
scretibn of tnose with whom they miirht .
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