Newspapers / North Carolina Whig (Charlotte, … / Aug. 7, 1832, edition 1 / Page 1
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MINERS’ & FARMERS’ JOURNAL^ rillNTEU AM> lUiltLlMlt;i> I^VKRY TIIOSOAV, HV TIUOIAS .1. IK>LTO\....( ilAKi.OTTl;, !*IK( KLKMILIKJ NOItTIl»( AltOIJNA. I WII.L TrACH WU TO PIERCE THE BOWtI.S 01' TilK EARTH AMI BK1\; Ot'T FROM THE C'WEUNS OK TIIF. MOUNTAIN*'', MJ.TAI.S WIIU II Will (lU’K STKKNOTII TO OUR HANIJS AND HUHJECT AM, NATURE TO OUR USE AND PLEASURE.-»-DR. JOHNSON. VOL.. II. rrKSIl iV, Al (43 S'l’ 7, IH'.l'i. NO. 98. Tin: Minors’ A' .Journal • s printt'd anti published every Tuesday morning at Two IMlais ami Fifty Ctnta per aniiiim, if paid in ndvanuo; Three Dollars a year, if not paid milil ailer tlie exi)iration of fix inonthii. ADVEKTISE^IENTS will be inserted ut Fifty ccnts por CTi»iaro (not exceeding *iO linen,) for the first insertion, and 25 ccnts for euch Hucrerdiiij; week—or SI for three weeks, for one Bqiiare.— A liberal discount will l>e made to those who idvertiseby Uieyear. IL; Onallailvertisonici.ts communicated for piiLliciition, the number of m.scrtions niupt be noted on the margin of the manuiM-'ript, or they will Ik: continued until turbid, and ehar^fed accordingly. *,* All eomtniinications to the Kditor must come free of pisla:rf, or they may not be attcndid to. ly. It first iippeareil in 1H25, and statod that I hnd said, in a piihlic nddros.s, that iC ( Jenera! .Iiick!»)n should he ejected, we inus.t he guarded with pistols and dirks to delend ourselves while lejjislating here. This went tliP rounds of the (lapcrs at the time. A AL. Fiuiii the (icurtiia ('orisliiiilionulUt- THE DC't TlilM.: Iir XT I.I.ll ICATION FX AMINKM. Jharin^ the proifress of the work, they dif-1 wliicli are violent, and civil war is the ine« vitabit! result. (i;r in tiieir uxpfunatinn of the original do I sign. Eucli lius a pcrjicl riglil to coiisid- |er his own oxplanatioii the true one; but neitliei- can huve ttie prrfcnl right, to exe- 'I'lie tnaintenanc7of 'e.)nslilutioi.al free. I' work, accordin^j to his own jud^- 'I'he nuliifiers indeed contend, that if a law were nullified, a presumption Would he created against its constitutionality ; and that the ninjonty would be bound, if it did not SCKNE IN 'I'lIK SENATE, The fiillow ing is the close of the di«;us- sion on the V'cto .Message, in the Senate, bc- tvvecij Messrs. Benton and Clav. FltO'l THE WASHINGTON CITY (il.OllE. UEN'l'ON AND ( LAV. After Mr. lieuton had concluded his re marks,— Mr. Clay rose and said:—Tlie Senator from Missouri ex the t.pccches of .... .. J he maintenance ol constitutional tree, i b , uiai me mnjoriiy wouiu oe oouna, ii it uiu not ffcntlemaii, well ac(|uaintrd in the Stale of! >,,.,1 s,„;i(.tv. 1 yield by repealing it, to cull a convention Missouri, (Col. Lawless,) pubhsh.-d a hand- vi mIiuico over those who are has ariequal right, would ,of states, and solicit a formal grmil of tho bill denying tlie truth ol the statement, and u.th authoii'v, one oftl.i hi,.!., st I"-‘‘CMce have none at all. A« u house [ ^ that tho calliii-upon any person in the State to name I,of the citizen, 'in smh a ean«e, e-1rjuestion might be tested. This notion ia the tnn.-and place, when n'l'l 'vhere any | time, their praclical rights unavoidably | „„i;.unded. In the first place, ii' such address hail l^en heard from me, or —*' * ‘ ‘ ' ‘ • . . . any such declaraiion made. ('ol. Lawless was peilectly familiar with the campaign, but he could never meet with a single indi- exorbitant vidual, man, woman, or child, in the State, ' order who could recollect to hav^ ever heard any | ,'„use d-Yli.*rtv'it'a”iir’''To‘a.^alv'z^^ and ' such remarks Irorn me. No one came tor- „r,,ie;,sions, therefore, l^-comes : ''*« eoUM>-tO(l ol reciprocal prc wai.l to reply to the call. No one had over | „,eonsiclcrable importance. l'^''‘y heard me make the doclaration which was j >( | ^.,11.^11 L'oii'titulion is a compact. t ”>** '^‘>ole contract—not only the chargetl up.>n me. 'I'he same thing j hv which the thiiteen scAcrei'Mi states that' but the promise lately U'en printed here, ami, i>* llit'night, I ,„jrtion of other.—If m a wilderiies.s, ^ ^ _ .-lueknp ma placard upon the po»ts and ; ^ delegated a certain stipulated ! select tlieii walls ol this city. W hile its author remain- 1 j„i„tiv held b% all thn partii s, betw.cn A and 15, that at a certain time, j redress, when ed concealed, it was impo.-sible lor me to : J „„vcrnmem. , ' of it has occu apology. Ihit it occusioiiully happens, that I the majority of states believes a law to bo those Vv ho are engaged in repi'llmg the en- “t'cessardy oppose that ot the other. Lo„s,j,utjon„|^ persists in maintaining creaehments of power, t hems. Ives advance , ^ therel.ire, one vokmtarily yields, j, g„. ,|,f. contrary opinion of the mi- pretensions, ^hieh eii.laiiger ' •, and bring discn dit on ihr ve- ■ bf.Iween them. In similar circum- tiie result would be the same, if iiorily cannot create a presumption of its unconstitutionality; unless we adopt the ve ry extraordinary supposition, that a smal ler nuuibcr is more likely to be riglit than a greater, in the second place, the act of nullilication itself is justified only on tho ground, that ail the parties have an c»iual ;l/t to interpret tho I’ederal Compact, and their o\»ii mode and measure of hen (hey believe that a violation gi'iieral government. . * *• “ i.n--., »... occurred. The right of the [>ar- iK.ld iiiiii 10 account, nor could I make him ; „„.,nlwrs of ilif confederacy, 1 ““ '* ■‘"‘I'seqnont day, receive in c.vchange | be the same, whether the viola- anu sam ■ me ^eiiuior u Inch now embraces tvvenlv-t'our states, ^lion is supposed to consist, in exorcising nresses dissatisfaction that are all on th- same pohiic.d looting with I’"'® arise, concerning the quan- , which has not been conferiel, or some k'uators f,n '■'l''0‘^*'ced into this Chamber, I am enabled original thirtee n. According to this,be delivered,; j„ resisting one which has actually l een cfF ct of his f>erformance to-day ; for among Ins auditors is a lady of great literary emin ence. [Pointing to ."ilrs. Royal. J—The Sen ator inti mutes, that in my remarks on the message of the President, 1 was deficient in » m i'in» lu » ufiu 'viivii iiii; i.^. • i i ident ti;a.le a ccilam charge against me, and i„.„„wht l.elore that tribunal, it has a H'l! strong. st must necessarily, prevail he referred to witnesses to prove it. I lie- v.hetheranacl ofCongr.-ss Foreign nations having no common judge, nicd tlietruth ol the cliurge. "I’* j con-tilutiorial or not. ^^iich is a biii f are f.n t!ie same footing with individuals in on his witness to prove It. • leave it to tiie j ier^i^h.tive svstem, in its a state of nature; and a dispute between a'oroifeVdc^7erjf CourteWT^ c-.uhtry to say vv hefher that w ilnr>s Mi-tain-j is. cunteii.ad, that them cuncernmg the interpretation of a ofllxl Whether mv deportment here I‘''‘esidenl s ali^-gatiun. j „„ ,,xtniordinarv case h..s cccurr. d—that contract or treaty, would b> governed by ofliotr. ''VhcthLrmv deportmMrelH.|,,.^^^^ advantage ... ami inferences introduced by him into Ins rne«t'agn. 'I’he President states that the Rank liinan injuriouso[»eration on the inter- est ot the Uest, and dwells upon its e\- hausting etfcct-i, its stripping the country of it> ( urrency, kc. and ufwin thes-e views and slate.uentsI commented in a manner which the occasion called for. Rut, if I am to be imigciiiiuUwj ui tlie rules of decorum, 1 shall nol «uok 10 i'nc lor { shall not strip of his Indian blanket? to go to Boon’s Lick f r lessons in deport- ni' "’ rC' yet to the (.'ourt of Versailles, '.»nich he eulogizes. There are some pecu liar reasons why 1 should not go to tliut Sen ator for my views of decorum, in regard to jr;v bearing towards the Cliief .Magistiate, and why he is not a fit instrtictor. I never lidd any personal rencontre with the i’resi- d'-nt cf the I'nited Stales. I never coin- j)!.lined of any outrages on my person com- principles of nullification would justitv tho majority, in the immediate employment of sucJi means, ns were deemed most condu cive, to the accomplishment of their pur- |K)S»,‘. But let us suppose that the majority, sus- ame prmcipks, and atteni.t il by *"*•■ pending all meiv.suresofc(x;rcion,should gra- •a)nse,,ucn( es. Suppos.-at Uie end ol ,u,iously consent to call a convention, for . Natesand jrrrit Uri- j,r^,p,v.|„g amendments to the constitution ; .\mcruan post (>f .Niagara auJ jhat tho parties were accordingly as sembled. '1 he nuliifiers would say to tho majority : “ We deny that Congress pos sesses tho power which it has assumed, in passing the nullified act.—Propose to tho , , , 1 J I I ’ ■ .... •' states an aniendiuent granting that flower, never u*ed th« languag.' attrilMiicd to him ,,re^nt puriK.se to . x .miiie. ’i'he |i,|., restored, rh.mid deliver .Malden to its lor- , whether Congress is to in the placard which he n lerste' •!«u.h,.\c, aio .Mil. t.uitially the''"i*r ina.tcis. It'the l!rili,h a.-serted, that, i ti,jg the majority dcc'orous or not, I should not choose to be I''ifrss is now on his pas.^a^e to St. advantage of the ^ame prmcpk.s Weei.W un.>n bv the ircntkman from has enact. 1 an uncon.titutienal s-ime anise,,ucn( es. • ^ J I t' ' *“*• [Mr. lieiiton here said ulcud, in hi> 1 .. ,.r,|)re''lve to the miiioiilv ll it t*iO :i war between tlie I souri. I answered the Presidents nriiu- , ,, 1 .1 ,• 1 . ‘'f'pre.'.'Hi 10 inc minoiiiy u,.ii i.n , , . 1 ■ .1 1-' . place, theMississippi and the fisheries—*v- i,,,|,,.,.,i ,1,.,,.,,ii,w.i,r • rr.ini'«cs no ndeonite ' tmn, t int t ie .\m( ineiits, and g.ive mv own views ol the lact^ ' , , , ' , m j. 111 , Juuu.mi tit p.ninu nt j.romixs no uocipi.uf > ami inferences intrijduced bv him into Ins '•] M r. . said I do rcdie .—:;nd tluit some corrective, more shoo.II);' m posst'b . .. . .1 . not vet miderstaiHl tin S. nator. He then U. #.i...,l..v**,l'the Canadian nnf.t ist'bsion of the British, and not yet miderstaiHl tin S. nator. He then t!.ustcons«,'ti'ieiitIy W* einplnjed. he Canadian poft of Malden, in posscs.?ion remark' d iipon the “ prediction'’ wi i;ii the ;-| remedv. which lia:, h. tn htlh* ilo ni.K-t "f tlie Amc.-i-iin.s. Suppr^w; tiiat the Amc- S'liatorfrom .Missouri had diseliiimcd—( an ! , ,I, J „ t)mt denomiiM- understanding by the treaty of hf, satd .Mr. lo.k to me and say tiiut he i(.t; merits of which, it is peac**, that the (lo.-its were to be mutually .Mr. Ik-nton. 1 lo..k. Sir, and ro|«*al that redress. '1 l.e Federal Coi.^tfUioi. is a ''ighi of intcrpnting both sides of the trta- it or not.” What then it is an a'rocious calumny, and 1 will pm it ron.pa( t. W iien a state ty—ofjii.igmg how much they ought to re- j ^.,,,,.8 to him who ri p«-ats It here. t onst.Icis an act of Coiigie^s micoii'tilnti'in- as wi ll nv how much they ought to : ■Mr. C. Then I declare lirfore the Sen- ,, ^ight to luiHilV that art, within nst-re; and if Niagara were not surrender- :, constitute thfl acts of that l>ody ; and no ate that you said to me the very words—^ . ..J, they would eifh. r by a direct attack, ,„nendment which it rejected, could be sub- [Mr. Denton said; lie understands you. Sir, and so willvou him.J—I never complained, that while a brother of mine was dov\n on the ground, sensele.ss or dead, he re«'.eived aii'ilher blow. I have never made an> d(M laialioii like these relative to the indi vidual who is President.— There is also a sin^'iiar pro[ hecy as to the constqiicnci s of tha election of this individual, which fir hurp;'*-es, in cvil foreboding, whatf ver I [Mr. IJenton in his place, whi'e Mr.C. cnli.rce the nu!l.li-d act within 01 M,me other mean-, very speedily rccom- ,he states Ibr adoption. 'I'ho was yet speaking, several tiiiics haiily le- Huuis. A :;ent'rul con\ci:tu)n ul nicnco h'-'-tilitics'. ' parties would end where they began—Put |Mtated the word “tal.se, fals*, ftilse. j states mii't tie ciill*-d fir the purpose ot pro- 'I'hns far it is apparent, fliat a full exer- it may be argued, that although the mnjor- Mr. C lay said, I tlmg back the rhari^e of ami iidn.e.its to llii“ ci'n>t.tiition, aii(i ri>c of the right of l ai h party to jiidgo for ity would po.-sess a formal right, to reject ' — . . i the nuliifiers; tho latter able considerations to urge, , , . ^ . , , , . ^ -t-”- — •^'nsure its adoption. Let end S»‘nators. ^ ' ring uii Congrtss the |)OWrr to pass micIi a tion aiiion^ all the parlies to the ledoral ; us hear them—They vvoulil say—“Tho I he President, ;»ro./em. said, the Sena- 'I'hat p.iwer is to b»' p gardeil as compart, would not tend to a simiiar is-iie. I meaning of the parties is the .spirit of a tor from Kentucky u not in order and i,„y|„j7 never U'l ii delegated, unU ss three Kvciy state 011 c iitering the uni^n, dei-ga- compact. W hen we ratified the Consiitu- miist take his scat. fi.urtns of the .■.tal« , m si p.irate conv.;n- ted a portion of its urigiiial sovereign pow- (ion, wo believed that it did not conli'r on .Mr. ( lay. Will the Chair st.'^te ,,r m thfir re.spcctive Icgi'lalures, er. and, then by, siil.jfcted ilself to the I'-- ('(ingn’ss the power in ((uestion. If tho Di.imeo «it any ouiraiies on my porsoii cum- . - , w , - v... .. » iiiittud bv him. 1 never published any l.ul- ] calumny, vpon the K.auiturji-om ^ (|,f.rt h) testing the ,pie~ti>n of constitution- itself, results in neither more nor less, than the proposition oft Ivtins rt'speclin'’his private brawls. The u i 1 r ality. 'I'he states in tavor of ti.e niilliljed a rieci-^ion by force. Let u^ see, whether , would haveequitabh •Tentlenian wilf understand my allusion. A cull to order was, here heard from scv- ;,ct, inii't propost; an amendmei.t, cr.nf r-, the everei-.e of an itpuil light of interpreta-' whicii oughlto ens * . A tMi I I J • .1 *1-1 . - .i.'i » > .1 |>f.int of order? I'he ('hair, >iaid Mr. 'I'azovvell, (the Pn>s- ident ;//•(>. trm.) can enter into no expiuiia- lions witii the .S'nator. Mr. Clav. I shall be heard. I demand to know w hat (xjiiit f order e:m be t:.ken I ratit\ tl|p amendment so prop"sr.d.'’ ; cislatioii 01'the genera! government, to the nullified law can be enliirced, we li\o under rna> have . ver sa,d in regard to his .docli.ai. ^ ^ 1 never niude any prediction su smistor, nor | M,s.>ouri.' iiji.de any decluratu n so harsh, as that ,,,, ,, , . , ' . , , , . . 1- I Inc I lesidejit, nn>. tn/i. w hn hii contained i!i the prediction to which 1 1 .1 • 1 1 , , 1.1 1 'considered the wn‘ie discii.’-sinn a 1 1 kide. I never declared m\ aiiprehen- give tl..- .S iiatorfrom Missouria lull ac.jint- ^.-nate tance, and I trust there will b..- no lurtli.-r ; ^ occasion lor oiK'ning a new account w:th him. .Mr. F.enlt'n re|,l|ed. It is true, Sir, tliEl I had an nll'ray with (J' ii. .iackson, and that I d;d ci'ri)pl.ii:i of his conduct. We loughl. Sir; i;i)d we fought, I hope, like men. \> \i n the c.vplc siiin w as over, there remaiii- oi n » ill will, on eitlier side. .No vitii[K‘- ri'. io!i or -vstcm of petty persecution was 1, -t no hetweeii u-j. Yes, Sir, it is true, it I had the p. rsonal .lilliculty, whu lithe f iTi: tor fn>in K.’olucky has had the indel- i( ,.f \ to bring h. fore th'e Senate. IJiit let III' t' li tiie S'firUor from Kentucky there is i;() nif/ci r>',r(! (ji.ntirn if vvrarif;/ h*.-twcen ire a'l.l ^ ii"ral .lacksoti. .Ml diilicuity bf- not to the Senator from Kentucky. Mr.C. Toth'! .'^'(late I aNoofii'r an apol ogy. ’I’o the SiTiator Iruiri ^Ilssouri none. 'i'he rpiestioii was her.' callcd for, by sev eral Senators, and it was taken, as hereto fore reported. If we designed to e.vhibit ..iir own precise extoit (.f the power ceded. liut this dele- a government e.xerciamg a power wlm h theory, in it latioii to Ihe subject in tlisj)Ute, jiation v\as not made without an e.piivalont. we did not delegate, or suppose otheis to it would 1h-ee f'ssarv to urge seveial very 'I'he st.ite at the same time,ac.juind a share delegate: it is not the goveriinient which iinporrani tpi.ditii.alions, even ol' the two of tho legislative power of the general gov- wu designed. If you propo.-ie the amciid- liiM ol ioe-- proposiiions; hut as iMir object ernnieiit ; 1. e. s!ie acipiired the right in ment suggested by us, and it is ratifir.l by IS sim[)lv what has ben v'ated—tfi exam- conjunction w ith her confederutes, to enact tiiree fourths of the states, (\>nf:r(s.s trill . me the nn rits of nulhli alion. we sIkiII ad- laws operating .111 all other states, to the inidcniuhly jxtn.yr.in the jiowcr. Put il vou tail ll that he I argument, that “ in all very same cxt' iit, that she had conceded reject our proposition, the result mu>-t be, ■ases (^1 cumpa. I, among partu s having no the right, to enact, laws operating on her- that a mere mujoriti/ may a.ssunio tor ('011- giv's's, a power which constitutionally can be conferred only by throe fourths of the States.” These arguments, plausible per haps at a first \ ievv, labour under this ma- tcrial objection ; timt they are not only (juito also in the' same manner, admit the third the gi neral KovcrninenI, which shf* has ex-i as good, but even considerably better, on proposili n,concerning the rigiit to nullifv, erci^cd cotjoinlly with others, by act of, the opposite side.—For the m.ijority with- with such I x|.lanations however jf the term Congress, is . .jually a v iolation of the com- iiut hesitation could reply—“ \ es, we a- i if,'/it, as w ill pre.-ently ap(>car. All the pact. She is as much wronged, when her I gree with you, that the meaning of tho Yankee llntrrjirise vs. ( Iioln-a.—.Noth- n niaimng propoMtions we totally deny. just power of legislating over others is oh- L- t us endeavour in the fir“l place to .is- structed,as when the unjust power of logi.s- certain, what will be the state of things lating over herself is U'Uri»cil. She pos- pro.hiced, bv the evercisc of this etpial se.sses an equal right to judge, w hether she ri;;ht of iiiter|ir. tatioii, which has l>eeii bus sulKred the one wrong, or the other— admitt* d. Parties enjoymg equal rights or in dillerent words, if a stale in the mi- to interpret a ci>nlra.:l, ma\ have the yn norily has a right to judge, that an act of Montreal, one of ihcir pedlars was famd trudging into tho cily, with a fre.>.li cargo of camphor and cajeput oil. 1 le soM the cam phor in small parcels and made SiItlH) by the , , . , . ,, , I ,• siM'culation, thft oil remain.'d on hand. .\n- tv.f ca ciidf'd with Ine eonlhct ; and a lew ing can scan: the tin peillars ol (.unnocticut, | right to a sp»!ciilative interpretation— Congress is not constitutional, a state in the provided there is a prosp.xt ot gain. Soon concerning its import ; majority has an e.jual light to judge, that after the (Jiolt-ra niade its np|K'aranee m ,,r more riersons mav entertain it i.v constitutional. Since both paitiesac- (lersons may entertain it is constitutional, ^mce bolti pi dillerent opinions, without nny necessary cording to the fundamental [irinciplo as iiiterlt’rence. Put the right referred to in sumed, would possess also aii c(]ual right this di>-cnssion, is obviously the right of to jii.ige of “ tho mmlo ami mca.-ure of re- practical inicrpretaiion—tho right of the dresstho one might .select its own mi'aiis l»aitit?s, to rivfi an eili’ct to the contract, (,f ri «istinir, Ihe other its own means olcu- 11.11. M.-. Pin!otj t'li'-n ref. rred to the jir.dic- ti iiiull' g'’dby Mr. Clay, to have heen made by hmi. i haves.Mi, lie .'aid, ai l.i.ard. mon(!y,and w hat is more—made many cures. C^iiiiir. Mhtrrrilinu.—“ Tu 1.m |i tl':ir of llip f.'liykia, liiot issutd lu .Missouri, and rtpubasbc J Utc*' be ci,iiti.iiii.d, toU, c tlui, una Lkduly.'' from ei jo\ ing .‘.rial rights, woiil.l practical-: clearly .stales in the majorifj , mav endea- ly pos^e.'s no rights at all. For e.\am[de—' voiir to et.lor.-i; it, by w hatever mrans are two porsniis, placed in :i sitiialion w iiere ■ con^idor.'d niost c\|. dient. If iieitiier par- tlicy can bavi* no common judge, agree to i ty recedes, and gentle in ■a'-ures are ini l- buiid a house jointly, ou u .‘-occilwd I'ljit- thu ut'.'.t u'tOJt v i!l bs to tiiu:;V parties is the spirit of a comjmct. P>ut when ire ratitied the Constitution, we be lieved that it (/!(/confer on Conirr.'ss, tho power in question. If the nullified law can not he enforced, wo live umWr a govern- inent deprived of u power, which we did delegate, and understood all olheis to dele gate : it IS not the Government w liich wo designed. If you propose tho amendment su^'gested by us, and it is ratilicd by threo fouilhs of tlie States, Con^'ress trill he ii;i’ drniohli! din.stcd of the jtou-i r. Put if w o accede to your [troposition, fiie result must b'*, that a minority, hareltj exceediof' one foirt/i, may deprive Congress of a power, which cnn constilutioimlly be taken away, only by three fourths of the Stales.” A satisfactory n;ply to this answer, would, wo apprehend, bt; somewhat dilfkult. In truth, the theory of nullification pressed to its ul timate consequences, would amount to this —that three fourths of the states are n«- cesHary to confer a powor on Congre.ss, while any number beyond one fourth, may lake It away. h..‘tln:r such a system would bo expedient, we shall not at pres ent en.]uire—most certainly it is not that o{ tlic i\(Jerul Couititutioii- In the urticl.o
North Carolina Whig (Charlotte, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Aug. 7, 1832, edition 1
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