0mm mm Whole No. 13 j. Tarborough, (Edgecombe County, JV. OJ Tuesday, January i, 1833. PoJ. IX JVo. 19. Tlic "North Carolina Free Press," BY tJEORGE HOWARD, ts published weeklv, at 'Two Dollars and Fifty Cents ptr year, if paid in advance--or Three Dol lars, at the expiration of the subscription year. For any period less than a year, Twenty-Jive Cents per month. Subscribers are at liberty to discontinue vi any time, on giving notice thereof and joying arrears those residing at a distance must invariably pay in dvance.or give a responsible refcmicejii this vicinity. Advertisements, not exceeding 16 lines, will be in serted at 50 cents the first insertion, xnCgs cents each continuance. Longer ones at that rate tor every 16 lines. Advertisements must be marked the number of insertions required, or they will be cotinued until otherwise ordered, and charged accordingly. Letters addressed to the Editor nuibt b post paid, or they may not be attended to. , 1 PRESIDENT'S PROCLAIM ATI; N. We copy from the Proclamation the Allowing passages, relalive lo Nullification and Session. If the doctrine of a State vetoupon the laws of the Union carries witHit in ternal evidence of its impracticable ab surdity, our constitutional history uijl al so afford abundant proof that it vould have been repudiated with indignltion had it been proposed lo form a feature in our Government. 1 In our colonial state, aithoigh depen dent on another powers, we very early considered ourselves as corrected1 by common interest with eocl.1 othe leagues were formed for1 common de fence, and before the docfmlioti ofin dependence we were knowi in our Ag gregate character as the Uritld Coloiies of America. That dccisivi and impor tant step was taken jointly We decla red ourselves a nation by tjoint, not by several acts; and when thaorms of cur Confederation were reduce to form, it was in that of a solemn lenge of several States, by which they agrid that they would collectively form one ition for the purpose of conducting somecertain do mestic concerns and all fore 11 relations. In the instrument forming tit union is found an article which dcclnr that "ev ery State shall abide by thdetermina tionsof Congress, on all queens which by that Confederation shoulde submit ted to them." Under the Confederation,t!ion, no State could legally annul a vision of the Congress, or refuse to sulik to its execution; but no provision wimadc to enforce these decisions. Congss made requisitions hut they were notomplied with. The Government couldpt ope rate on individuals. They haio judi ciary, no means of collecting renue. But the defects of the ConfWation need not be detailed. Under itopera tion we could scarcely be calj a na tion. We had neither prosify nt Lome nor consideration abroat This state of things could not be enduj, and our present happy Constitution fur. ined, but formed in vain, if tl fatal doctrine prevails. It was formedr im portant objects that are announccn the preamble, made in the name and? the authority of the people of the jted States, whose delegates framocand whose Conventions approved it.phe most important and among these octs, that which is placed first in rai 0n which all the others rest, is "to ftt a more perfect union" Now, is it si ble that even if there were no exss provision giving supremacy to ihc"n stituiion and laws of the United fcs over those of the State. can it boV ceived, that an instrument made foie purpose of "forming a more j)et Union" than that of the Confederal could be so constructed by the assemi wisdom of our country as to substj for that Confederation a form of povi ment dependent for its existence oti' "lone .have devised one that is calculated to destroy it. I consider, then, the power to annul a law of the United States, assumed by one State, incompatible with the existence of the Union, contradicted expressly by the letter of the Constitution, unauthorized by its spirit, inconsistent with the very principle on which it was founded, and destructive of the great object for which it was formed. This right to secede is deduced from the nature of the Constitution, which they say is a compact between sovereign Stales, who have preserved their whole sovereignty, and therefore are subject u no superior, that because they made the compact, they can break it, when, in their opinion, it has been departed from by the other States. Fallacious ns this course of reasoning is, it enlists State pride, and finds advocates in the honest prejudices of those who have not studied the nature of our government sufficiently to see the radical error on which it rests. The people of the United States form ed the Constitution, acting through the State Legislatures in making the com pact, to meet and discuss its provisions, and acting in separate Conventions when the ratified the provisions: but the terms used in its construction, show it to be a government in which the people of all the States collectively are represented. We are one people in the choice of the Presi dent and Vice President. Here the States have no other agency than to direct the mode in which the votes shall be given. The candidates having the majority of all the voles, are chosen. The electors of a majority of States mny have given their votes for one candidate, and yet another may be chosen. The people, then, and not the States, are represented in the Executive branch. In the House of Representatives there is this difference, that the people of one State do not, as in the case of President and Vice President, all vote for the same officers. The people of all the Stales do not vote for all the members, each State electing only its own representa tives of the particular State from which they come. They are paid by the United States, not by the State; nor are they ac countable to it for any act done in the per formance of their legislative functions, and howeier they may in practice, as it is their duty to do, consult and prefer the interests of their particular constituents when they come in conflict with any oth er partial or local interest, yet it is their first and highest duty, as representatives of the United Stales, to promote the ge neral good. The Constitution of the United States then forms a government, not a league, and whether it be formed by compact be tween the States, or in any.other manner, its character is the same. It is a gov ernment in which all the people are rep resented, which operates directly on the people individually, not upon the States they retained all the power they did not grant. Out each State .having 'ex pressly, parted with so many powers as to constitute jointly with the other States a single nation, cannot from that period possess any right to secede from, because such secession does not break a league, but destroy the unity of a nation, and any injury to that unity is not only a breach which would result from the con travention of a compact, but it is an of fence against the whole Union. To say that any State may at pleasure secede from the Union, is to say that the Uuited States are not a. Nation, because it would local interest, the party spirit of a St? a nation might dissolve its connexion or of a prevailing faction in a Stn ivery man or pia u, unsophisticated tf in, without committing any offence. Se- ucrstanuiriff. who hears the niiRstinn.u i-.u' ii.,,- give such an answer as will preserve mixy be morally justified by the extremi Union Metaphysical subtlety, in pty of oppression; but to call it a constitu sait ot an impracticable theory, couti0nal right, is confounding tho meaning of terms; and can only he done through gross error, or to deceive those who are willing to assert a right, but would pause before they made a revolution or incur the penalties consequent on a failure. Because the Union was formed by com pact, it is said the parties to that compact may, when they feel themselves aggriev ed, depart from it: but it is precisely be cause it is a compact that they cannot. A compact is an agreement or binding obli gation. It may by its terms have a sanc tion or penalty for its breach, or it may not. If it contains no sanction, it may be broken with no other consequence than moral guilt: if it have a sanction, then the breach incurs the designated or implied penalty. A league between in dependent uations, generally, has no sanction other than a moral one; or if it should contain a penally, as there is no common superior, it cannot be enforced. A government, on the contrary, always has a sanction, express or implied; and in our case, it is both necessarily im plied and expressly given. An attempt by force of arms to destroy a govern ment, is an offence by whatever means the constitutional compact may have been formed, and such government has ihe right, by the law of self-defence, to pass acts for punishing the offender, un less that right is modified, restrained, or resumed .by the constitutional act. In our system, although it is modified in the case of treason, yet authority is express ly given to pass all laws necessary to car ry its powers into effect, and under this grant provision has been made for pun ishing acts which obstruct the due admi nistration of the laws. It would seem superfluous to add any thing to show the nature of that Union which connects us; but as erroneous opi nions on this subject are the foundation of doctrines the most destructive to our peace, I must give some further develop ments to my views on this subject. No one, fellow citizens, has a higher rever ence for the reserved rights of the States, than the Magistrate who now addresses you. No one would make greater per sonal sacrifices, or official exertions, to defend them from vie lotion; but equal care must be taken to prevent on their part an improper interference with, or resumption of, the rights they have vest ed in the nation. The line has not been so distinctly drawn as lo avoid doubts in some cases of the exercise of power. Men of the best intentions and soundest views ma v differ in their construction of some parts of the Constitution; but there are are others on which dispassionate re flection can leave no doubt. Of this na ture appears to be the assumed right of secession. Jt rests, as we have seen, on the alleged undivided sovereignty of the States, and on their having formed in this sovereign capacity, a compact which is called the Constitution, from which, be cause they made it, .they have the right to secede. Both of these positions are er roneous, and some of the arguments to prove them so have been anticipated. The States severally have not retained their undivided sovereignty. It has been shown that in becoming parts of a nation, not members of a league, they surrender ed many of their essential rights of sove reignty. The right to make treaties declare war levy taxes exercise exclu sive judicial and legislative powers were all of them functions of sovereign power. The States, then, for all these important purposes, were no longer sove reign. The allegiance of their citizens waa transferred in the first instance to the Government of the Uuited States; they become American citizens, and ow ed obedience to the Constitution of the Uniied Stales, and to laws made in con formity with the powers it vested in Con gress. . This last position has not been, and cannot jbe denied. How then can that State be said to be sovereign and in dependent whose citizens owe obedience to lawsnot made by if, and whose magis trates are sworn to disregard those laws, when they come in conflict with those passed by another! What shows con clusively that the States cannot be said to have reserved an undivided sovereignty, is that they expressly ceded the right to punish treason, not treason against their separate power, but treason against the the United States. Treason is an of fence against sovereignty, and sovereign ty must reside with the power to punish it. But the reserved rights of the States are not less sacred because thev have for iheir common interest made the General Government the depository of these powers. Tl ie unity of our political character (ag has been shown, for another purpose) commenced with its very existence. Un der the royal government we had no se parate character; our opposition to its oppressions began ns United Colonies We ware the United States under the Confederation, and the name was per petuated and the Union rendered moro perfect by the Federal Constitution. In none of these stages did we consider bur selves in any other light than as forming one nation. Treaties and alliances were made in the name of all. Troops were raised for the joint defence. How then, with all these proofs, that under all chan ges of our position we had, for designa ted purposes and with defined powers, created national governments how is it, that the most perfect of these several modes of union, should now be consider ed as a mere league that may be dissolv ed at pleasure? It is from an abuse of terms. Compact is used as synonymous with league, although the true term is not employed, because it would at once show the fallacy of the reasoning. It would not do to say that our Constitution wag only a league, but it is labored to prove) it a compact, (which in one sense it is) and then to argue that as a league is a compact, every compact between nations must of course be a league, and that from such an engagement every sovereign power has a right to recede. But it hag been shown that in this sense the Slates are not sovereign, and that even if they were, and the national Constitution had been formed by compact, there woulfl bo no right in any one State to exonerate it self from its obligations. So obvious are the reasons which for bid this secession, that it is necessary on ly to allude to them. The Union was formed for the benefit of all. It was pro duced by mutual sacrifices of interests and opinions. Can those sacrifices be recalled! Can the States, who magnani mously surrendered their title to ihe ter ritories of the west, recal the grant? Will the inhabitants of the inland States agree to pay the duties that may be im posed without their assent by those on the Atlantic or the Gulf, for their; owa benefit! Shall there be a free port in ono State and onerous duties in another! No one believes that any right exists in a sin gle State to involve all the others in these and countless "other evils contrary to en gagements solemnly ' made. Every ono must see that the other Stales, in self- defence, must oppose it ai all hazards. (CP We understand, but upon no distinct authority, that the Southern ''cadets; at West Point lately had a meeting, iq which they resolved that, if South Carolina should be assailed by the General Gov ernment, they would come off to her as sistance. They have all been arrested and a court martial summoned for their trial. -Columbia Tel. A Good owe In a larre comnonv. - v. r i . . some days since, in which the recenfc Course of Smith Pnr!inn wna mnritifinfid. - , - " XI UIIIIU " - - y and various sentiments expressed, a warm; IlKJirTPH llihprnion a wari'Pf . "till - M M V IIIUII UUOl'' ...... - I Ladies, he believed, iccrc aU forUNio& ''!'!'. . . .' 7 - rt i I U 4.1

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