Newspapers / North Carolina Whig (Charlotte, … / May 11, 1833, edition 1 / Page 2
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THE MINERS’ AND FARMERS’ JOURNAL.’ .•I 1 . I Bvcf^m wmiW bo a» far removed more dangerous to liberty than the tariff,^ ! Lm the lcak..ess of the old conf.ulcration It ha. been m«.t wa«tonly ^saod when.u of cnsciewe and of the I the CWitution, which provides that the that ours .s .a consol.uaiea ; righU, the hterty o con i‘....lirinl ru.wer sh^U exteiKito all cases in and that there ,s an mimediate connexion nress cannot be cancelled, abridged, re- judicial power shall extend to all • Lrain’ed or modified bv any authority of the law and equity, arising under the Consti- •' tution, and to the laws and treaties made under its aulhontv, has no bearing ou the U. Sutes.—With these impressions, with o solemn «pp~l to the Searchtr of all hearts, for the purity of our intention* and point in controversy; and that even the under the convictian that whatsoever im-1 boasted power of the J>upreine Court to de- perfectioDs may exist in the Constitution, | cide a law to be unconstitutional, so lar ought rather to be examined in the mode from being derived from this or any other prescribed therein than to bring the Union portion ot the Constitution, resu.ts fr^ in dancer by a delay : with the hope of ob- the necessity of the caso, wher« two rules . . * I ; aU-. 1 I a*itWr\ritv in rfti taming amcQaments tion: We the said and in the behalf of do by these presents, assent to and ratify the Constitution racommended on the 17th day of Sept. 1787, by the Federal Conven- belween the i;overnment nud the citizen, 1 as it would be from the lawless and despotic he rt lifs on the fact, that the laws act di-1 violence of consolidation, feo ^r from l«. rccUv on individuals. That such is the wig the saii.o, the di»k;rcnce between the case' 1 will not denv: but I am very far | conlbdoration aud the present constitution from concedmy the jKjint, that it aflbrds tlie I would still be most strongly marked. 1 decisive proof, or even anv proof at all, ofi there were no other distinction, the fact the position which the &nator wishes to I that the lormcr reijuired the concurrence maintain. I hold it to be perfectly within 1 of the States to execute its acts, ^d the the-compotencv of two or more States to latter the act of a Suite to arrest ifi ac 8, to ; would make u distinction as broad aa the ocean; in the former, the vis inertiu- of our ' nature was in op|H>sition to the action of the of system. Not to act, was to defeat. In the I have now 1 trust «hown ««itlsfactorily 1 Sir. .Monroe’s cabinet, a "proportion was ' letter, the same principle is on the opposite no nrovisioniu the constitution submitted-by the Hritish Government, to side; action is required to d^eat lie ^ and toreign understands human nature, will see, in this lictwecn a feeble confederation, and tho fedorul sjstein IS the obioction, the sourco of weak If we look to mere oraani/atiun and following, reserved powers; that they were powers If.cstiniule the latter, vou will lind that those and^’destroy them—whicii explanation can I pression is very ditlerent, as to the immcdi. Uhe suitability ol the ^ j be coi^idered in no other light than as con-: ate motives which led to the lormatio o» ^ their want ..f soverngnty ; at which i m isi ^ impair I evide nce of; indepeiulrut and disliiKt powers existod tincuished an advocate as the iSenator from t the operation of the laws, as a substitute , vision in the Constituti.m on this |K>int, the Senator Irom Ma^«chusttts, but as in^ Malsachusetts, but 1 will lav it down as a j for force. If the object had been to get proves any tiling, it proves, by the extreme , uep i.delit p.wer..-as much 60 aM ie State niteinsuchcase, which I have no fear that clear of the veto of the States, as the Sena, ijealousy with which the right ol ^.ng a and .eneral .overnm*n.ts. A shallow ^ the gentleman will contradict, than in case ^tor states, tho Convention certainly per- , State is permitted, th« very reverse oi that s.T\er would “n of a contract between several partners, if j formed their work in a most bungling man- for which the Senator contends. | non, no »>'»{ ^ ' I rpe u» ' , the entrance of one on condition be admit-; ner. There was unquestionably a large ^ An>ong other objections to the views of , /.nn^itinn ('niirA« to i}>p hftiiofit ofi Mrtv in that bodv. headed bv men of dis- 'iKrt 'nnttitntinn ti>r u'l il’h I rontcnd. it is expert* iKe as pro\ la w ii >os interpretation meaning avowed object no longer justified it.’ I con, sider it as chains forged and fitted to th« limbs of the State, and hung up to be used when occasion may require. We are In order to justify the passage of this measure, that it was iieccsaary to present the olive branch with one hand, and the sword with the other. We scbrn tha alter, native. You have no rfght to present i sword. The Constitution ncv«r put the m. strumont in your hands to be employed a. gainst a State; and as to tho olive branch, whether we receive it or not, will not d*. pend on your menace, but on our own eati. mate of what is due to ourselvea and th« rest of the community, in reference to the difficult subject, oil wlinih wo hare taken issue, The Senator from MasBachusetts hu struggled hard to sustain his cnuse; but tho load was too heavy for him to bear. I am not surprised at the ardor 'and zeal with which he has entered the controversy. U IS a great struggle betweea power and liber, ty—power on the side •( llie north and lib. erty on the side of the soath. But, while 1 aui nut surprised at the part which tU Senator from Massachusetts has taken, I must express my amp'wmeiit at the princi , pies advanced b) the ttenator fromllcorgij I nearest me, (.Mr. Forsyth.) I had sup|x«. r-d It was imposihle, that one of his expen enre and sagacity should not perceive tho new and dangerous direction which tho controversy is about to take. For the fim time we have heard of an uniinous referrrio to a provision in the Coiwtitutioii, whicli I ha\e never k.iown to be before alluded toi; discussion, or in connexion w ith anj ofwir ' lueaaures. I refer to that provision in ili Constitution, in which the Ceneral Govcrt nient giiaraiitU's a n-|iublicun ft»rm of tJo- vernment to the States—a power which, heretiner ifiwt ngidly restricted to the jects intended by the Coirttitution, Is «k». tined to boa pretext to'mtrrfrre withi |iolilical at&irsand dumestic institutioos la manner infinitely more dangerous than lar other power which has ever bcenexerci*! on the |)art of the Gi-neral (JoveroDHrnt. I iiad supposed, tlial every soutbeni Senator at least, would have been awake to iM danger which menaces us from this nn If these views be correct, and I do not | however dispi.sed and | or any of the disti c how they can be resiste’d, the right of pcrscveringly made. I do not deem it no- p^nod, all of v . ,K„, cepsarvtogive the journals (lie history ot I .a„,ed the federative distinguished FeJeral.sts of niu> in; ceni3itj^n.ut-Ana»4s^aii*, w* !»• *»i»svts w hisiorv will fully bear n^^ out, that we have ’‘‘"t no sentiment would 1.0 knowUdgc of any people in which a uttered on their part, calculated o roona- whom streuuouslv M.a.n- ,;np7oper acts of th^ 1 the exercise of this dangerous ,.o»ef. I C) r r .... I it .aI* I skm the St.'ites to judge of tho extent cf’their ; the journals Uie history of twined the lederative character of the Co.i- r;;;;’:’ 7^ Jhat mav^ called ,l„. i .th thoor m.pr«s.io.», I heard tho Seoa reserved pow'ersLnds on the most solid these vanous ami unsuccesslul a tempts, j,,,,ho.igh they were accu^^^ of tol' foundationrand IS good against every depart., Jhough it would ndord a very instructive , porting a s>stem of ,«.licy, which uould e I' Ie#S4)n. It IS sufticient to say that it was ' „^cessarilv lead to consolidation. I he first ‘ yecessarily lead to consolidation. . atteniDted bv nrooosiriff to give Congress ,j,c# ir.«iiri.’f.i‘ihnt «lr>rtrmp was in the ca«^ man possc.vicil every freo- vetui but even there, al- Judiciary is as much excluded from an j interference with the reserved powers, as the Legislative or Executive departments, To prove the opposite, the Senator reliet, upon the authority of Mr. Madison, m the er of appointing me wovernorsoi uieoiau-s, | ,be next and more o,,en - domiimti.^ of - ■ intended to "'“h “ through senator of Massichuseii* hnii8* !f aboi.i '-urope from tfie l.>minafi m o tor with amazement, alhiding to Caroluu, as furn.shuig a cnw which called for tbs entbrcciuent of' thw guarantee. I>oe* uut see the hazard of Uk: indefinite extra- Sion of this dangerous power ? I'here ei i«ls in every soulhorii Slate a dtimeslic u stitution which woukl re»juire a tar less I construction to roii.sider tlie government •Icry Mate in that quarter not to be repub Federalist, to prove that it was i controlling its jKiliiirul improvements muiincaiiii ui . irginia. J tie opinion .v/. i i which 1 allude will be found m the celebrat- ; and, in their failure, wc have i,,ner fruit, ed report of 1799, of which Mr. Madison the strongest evidence that it was not the i ^ further objected by the Senator was the author. It says: intention of the Convention to deprive the ] Massachusetts, and others, against “ But It is objected, that the judicial au- ‘‘“'“"'I’* | this doctrine of State rights, as inainiain**d thonty is to be rf garded as tiie sole ex- deprive them of this power been directly : x\us delate, that, if they should pr.*va.l, , . 1.1 . .1 I ,-ihiKul coiKidenttiuiis, lu anV sectioo, C’f I am not surpris*-d that, with Ihe idto of d« licate subHJCt Bui intention of the Convention to deprive the j f^om Massachusetts, and others, against a pcrf» ct government which the S nator ' ' ' r ' M l. ..1 r I I ri quires no (rtrrtcfi Ol the imagination to ■ from Massachusetls tins furmeU, a i;o\ern- , ^ , . . ” ... ,1 ,ilhe dancer, whicb miwt one day coor, ment of an absolute majxrity, unchecked i , , . • i «i ii. r. rni process of fac. quarter the faith of as applicable u »m (ieorgia nc niess his dsc I trine lie opjK)sed by united and firm rc*ij power, *hich the forms of the Constitution part of the States, or by attempting directly turb by that conflict, which, in ev« ry free through the *ame umf^.r would never draw within the control of the deprive them of the right of exercising state, if pro[K,rly organized, nece-sanly tinn, corruption, anarchy and despotism— j .« dnve ti Judiciary depatment; secondly, that if the '*• VV e have thus direct and btrong proof, between liberty and power; but He consider? the rcprejM-ntal.ve prir—'' ' decision of the Judiciary be raised above that, in the opinion of the Convention, the ; ^itljui proper limits, is the gn-at modern improvement lu th« authority of the sovereign purties to the ■ States unless deprived of it, possess the veto jjalutary exercise to our moral and intel- tion, arid of it->elf suflicient to secui 'onstitution, the decisions of the other de-;P^^''®^ ®''i "'**at is another name for the ' igciual faculties. In the case of ( 'arolina, ty. 1 cannot regard it in the light i . ^ I I white (fopulation from the southern AllaiiW f*/ , .States, secure hfx?r- [ « . .... - ■ y r- Jightinwhich rartments, not carried by the forms of the j *»3inc thing, the right of Nullification. I ' (,as caused all this disciispion, who he do« s. Iijsti ad of motiern, it is4>f n -j ^ Alba>v, Apbii.-*• C’onstiiution before the Judiciary, must be '^at there is a diversity of opinion a- ^ „ot jf theeffusioii of blooj ho pre- mole origin ; and has e\i>trd in greater or Sagacity of a Horm-.— \n mcideril C(|uallv authoritative and final with decisions fnong the friends of State Rights, in regard vented, that the excitement, the agitation, less perfection, incverv free State from th^ icurrcd this forenoon well calculated tofi- 01’the department. I5ut the proper answer power, which 1 regret, as 1 cannot ^ jnnuiry, which it has r.aus*;d, will remoter •ntitjuily. Nor do I con'^ider it cite admiralim for that noblest of ammilij to thi« objections is, that the resolution of considci it is a power essential to the , followeu by tho most b.Tieficial 6onse- as of it^rlf suflicn'iit to sccure liberty, tho’ I the Horse. A fine, large, dark buy, liu protection nf the minor interests of the com- j ,,„p„ccs, 'J'f.e country had sunk into ava- I regard ii as one of the mdi'.p..nh;ihle me.fUs |seeii daily m our strteta, attached to Mr. munity, and the liberty and the ijniou (d the I intrigue, and electioneering, from —the tn(-ans of seruring the people against iJ^’bn laylors Beer IVay, was standmt country.—It was the very shield of State : which nothing but some such event could the fvranny and o»()res«io(i of tiM ir rulers. ‘Iroi.t of Mr. I sher’s grocery, iu Ihvi^iM Rights and the only power by which that objections the General Assembly relates to those great and extraordinary cases in which all the forms of' the Constitution may prove inef- f*ctual against infractions dangerous to the _ . , . , essential rights of the parties to it. 'I'fie system of injustice against which we have re«i!ution supposes that dangerous powers, conteiKlcd for more than IJ yc:.rs rould Ix.- i.ot delegated, mav not only l>e usur[««l and ' arrested; by which a sv stem of hostile legist f tecufed hv the' other departments, but la*'®". plundering by law, which must that the j’ldicial department, also, may ex- ‘^ad to a conflict of arms can ercise ai.d sanction dangerous powers fje-1 ^ jonH the grant of the constitution; and, j Uut I rest the right of a State to judge I arm of the Government. eoniKjquently, that the ultimate right of the of the extent of its reserved pjwers, in the parties to the Constitution fu judge wheth- last resort, on higher grounds—that the cr tiie compact was dangerously violated, | Constitution, is a compact to w hich the must extend to violatio^is by one delegated Stales are jxirties, in their swyoreign capa- authority, as well as to another, by the Ju- city, and that as in all other cases of com- diciary, as well as by the Executive, or the pact between parties having no common I.,c«islative.” umpire, has a right to judge for itself rouse, or restore those honest and patriotic ’I’o secure hberty, another me.ins is still j street. A loadol haj coming up I>ivi»ioc. feelings, w Inch had almost disappeared un-1 necessary, the means of securing tho difU r- I obutruclrd by the dray. As the wa|'^ der their baneful influence. What Ciov-' ent portions of soei» ty against the injustice I catae up to the dray, the mnn upon his I"* ernment has ever attained power and dis- and oppression of each other, which cani”l hay said, “get out of the way.” tinction without such conflicts f Look at onlj l>e efli cted by vi-to, inter|sjsilion or j dray-horw hioked round, nrul seeing t"* the degraded stale of all those natioiMt,, millificatnan or by whatever immc the re.; he blo« ked up the street, moved round lb* where th^y have lieei. put down by the iron *tntining or negut.vc power of Guvernmcnt i corner of Ihvision into Greeno street, awl, ■ riiav b! call»‘d. i after the wagon had passed, backed 1"* I, for my part, have no fear of any dan-! The Senator ajipears to l>e rnamoiired ^dray round into Division street, and r^:* gerous conflict, under the fiillest acknowl- with his conception of a consolidated gov-1 m« d the exact position which ho left edginrnt of Stale sovereignty; the very | ernment, and av.-ws himself to hi-prepared,,'‘f^^blo the waggoner to |«ss' 'IhedrtV* fact that the States may interp«j3e, will pro-; H*;ekirig no lead, to rush in its defeure, to j ninii was not jiresent—no |»erson toucliM J duce moderation and justice. The (Jeiie. the front rank, w here the blows fall heaviest ' rein, nor was a word s(>okon to the liof ral Government will abstain from thcexcr- and thickest. 1 udmire his gallantry and j except by the wagoner, who orden’d bi® eise of any |K>wer in which they may sup-' courage; but I will It'll him that he will fiiKl j lo “ get out of the way !’’—Daily Adr 'i'he Senator also relies upon the aulhori-* To the truth of this prop«jsition, the Sena- j jiose three-fourths of tho Slates will not, m the opfKwito ranks, under the flag if hb- ty of Luther Martin to the .••.iUie |ioint, to , tor from Massachusetts has himself assent- j sustain them; while on the other hand the i erty, spirits as gallant as his own ; and that which ! have already rep'i«d ^ fiilly, ou ed, if the Constitution itself be a compact—| •'^tates w ill not interj>ose hut on the convic-, experience will teach him, that it is mfinitc- aiicither occasion, in answer to the Senator and that it is, I have shown, I trust beyond ] tion that they will be supported by one- ly easier to carry on the war of legislative from Delaware .Mr. Clacton, that 1 do not j the possibihtv of a doubt. Having estab- j fourth of their co-States. M^nlcration and ; exaction by bills and ernu tments, than to deem it necta^^ry to add any further re- lished that [loint, I now claim, as I stated I justice will produce confidence, attachmrnt,' extort by sword and bayonet, from ihu brave tXiarks on the present occasion. i would do in the course of tho discussion, I5iit why bhould 1 waste words in reply ' the admissions of the Senator, and, among to these or any other authorities, when it ^ them, tli£ right of secession ainl iiulhfi •- has bf*en so clearly established that the tion, which he conceded would necessarily rights of the Slates arc reserved against all j follow, if the constitution be indeed a com- and every department of the (iovernment; pact. that no authority In o(»posilion can f)js»ibly , 1 have now replied to the arguments of ^h:lk'' a [Hit.lion so well established. Nor the Senator from Maisachusetts, so far as !o I think It ni-cfs-ary to rej>eat the argu-' they directly apply to the rf solutions, and /n lit wii.rJi 1 olier^d, when the bill was un- will, in conclusion, notice some of his gen der di.iCUf»ioii, to shviv lliat tin; tlau;»v lu e/ul arid dvUchcd r«inaiki. To provt Shorkitiff Oimrrcntr at Lirerpoi'l-—^ Saturday night, a man named Miller, liKlgi tt at Ogdensweient, Litherland allc). after throwing soruo rum into the fire, ’ show “ the goKiuess «>f the spirit” to wife and landlady, shortly afterwards thr«* some of It on his wife's gown, sayii>(? “ would show them more of the gofxlnossj the spirit, and moving the candle towaf”’ and patriotism, and thess in l.irn, will offer and the free. most povverfiil barriers against the excess of; Tho hill which has pnss(,d this body, is conflicts U tween the States and ihc head: intended to decide ihis great controversy, of the confederacy. | between that view of our Government, en-, ^ ISut we are told that should the doctrine, tertained by the Senator and those who act i his wife, he ad.Icd, it would burn ihespint prevail, the present system would be as bad, with him, and that Hiip|>ortcd on our sid*-., without daniaglng the gown. The inomflnt if not worse, than the old confederation. I It has merged the larilJ', and all other ques-1 the fhmn of the candle was brought mW regard the assertion only as evidence of lions connected with it, in the higher and di-j contact with the gown, the woman was*' that extravagance of declaration, in which,; rect issue, which it pr»-Menls between the I once envelojied in flame, and so horr.wy from excitement of feeling, wc so often in-i Federal system of (iovernment and consol-1 burnt that she died in a few hours. dulg“. AjJuiit the power, uud still iLeudMwu. Icuwidgr the bill lat worse aud' diet, acvideutal Ucatli.—ii». iVircury.
North Carolina Whig (Charlotte, N.C.)
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May 11, 1833, edition 1
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