The Charlotte journal. [volume] (Charlotte, N.C.) 1835-1851, 1841-12-23
T NUMBER l3.
FEDERALISM AND STATE RIGHTS.
PROM TIE uALrmosE AgEhcAs.

Ne aspect OF question varies accoIuin5
TO the position Of the observer, and bis opin.
ions respecting 1t take, unconsciously 10
himself, hue and color reflected not from
The thing itself which be is considering, but
} from bis own interests, as they are affected
by it.
/, is no unusual thing for men to main.
tain general principle, and at the same
time hold particular opinions directly an
tagonisuc, without their being sensible Of
! the inconsistency. The advocates of State
Rights at the South are disposed 10 looil
with Jealousy upon the exercise Of power
by the Genc I'll Government they scTutin.
Lzs with watchiul vigilance every step It
takes they start, in1amed with anger or
filed with suspicion, q, every movement
that may seem TO threaten an INVASION q
State sovereignty. 10 such an extent has
this disposition been carried, that several
attributes Of power Indispensable 10 COP.
crnncnt have been denied 10 tue central all.
thorly at Washington. Objects Of great
national importance, such as the establish.
meni OF a sound currency, The regulation Of
foreign trade, the protection 81 domestic IN
terests and industry against foreign aggres
sicn, have been abandoned, because the
power necessary 10 their attainment has
been withheld from the General Govern
Jneu;, and it is impossible for The States to
exercise it.
But let-a case arise 10 which the int.
rests of the South require the ioterposluon
OF the Federal autaority-a case too imme.
dia,eIy relative 10 be obscured by absirac.
itions-and how promptly IS the general.
welfare doctrine virtually admnted-a
doctrine which, in the specuations Of State
Rights politicians, is denounced as the
most odious and dangerous Of all that are
ascFbod 10 the Hamilton school. The
following extract from the recen, Message
Of Gov. Mcdonald 10 the Georgia Legisla.
iure exhibits such q case. We shall not
dwell upon the latored ingenuity with
which the Governor strives TO reconcile his
notions Of State sovereignty With the prln-
ciple Of Federal power, which he finds him.
self obliged to recognise. The passage al.
ludes to the case Of fugitive charged with
negro stealing, who, taking refuge in New
York, was demanded by the Governor Of
that State and refused:
) Collisions Of this sort among the States
may be expected as long as the duties of the
General Government are deyo!Ved upon
the officers of the State Governments, some
of whom may be found occasionally weak
and irresolu,e enough to sacrifice the great
principles which unite The States together,
10 local exciiements and low sectional pre-.
JUDGES. The duty CT delivering fugitiYes
from Justice, without discrimination, is
created by the Constitution Of the Union,
and is unknown to the laws Of nations; SO
that the States, as independent sovereign.
lies, would hive no right 20 demand il of
each ether, except BY compact or treaty.
The constitution nowhere requires the exc
culion of this duty by the States. Il is
then TO be performed by the General Gov.
ernment, and i; ought 10 be required TO ex-
ecu.e it. This is Inc true doctrine of
State rights. While II jealousy guards
against the entertainments of Federal pow
er, il requires Of the General Government
! the strict performance Of all its conslitu-
/ tlcnaI obligations. The Constitution does
not require Of the States the performance
, ~ and prosperity, while it dlsarms them, if
asgrieyed of all means Of redress. On
the demand by toe Governor of one State
upon the Executive Authority Of another Of
fugitive from lis justice, who may be
found there, the latter might, with much
propriety, require proof of the authority,
either BY the express terms Of the Consti.
ttrgfr plt~o 10
Of him the delivery Of an absconding feion.
The Authority for demand would be W.
questionable, but il must be made upon the
! Government created by the Constitution,
and not upon the State Government Oh
whom no duty 10 make a surrender is i'm.
posed.
We make no objections TO Gov. Melon.
AIDS conclusion. We believe it is cor.
rect one. lf any State, on the plea of State
sovereignty, or any other plea, manitests q
disposition TO disregard solemn injunction
of the Constitution, the power Of the Cen.
trail Government should be put forth TO en-.
sure obedience. Otherwise, the Cons,itu-
ton itself is a nulliiy, and the Government
established by il no Government at all.
we could wish That the plain common
sense view Of the constitutional functions
Of the General Government here set forth
4 by Gov. Acknowledging nothing Of his
mode OF argument--mig prevail at the
South on other questions Of great national
( Importance. The time perhaps will 5000
come when such views will prevail-that
is, when Southern interests shall favor
them. A tariff will become quite constitu.
tionaI when British duty is levied on
American cotton. In the mean time, Why
should not the question be put upon its real
basis II is question of policy, and moth.
ing more. A conrilialory spirit on all sides
might adjust every thing ~ very short
time. The North made its sacrifice when
the compromise act was passed, and not the
North only. The Middle and Western
States made sacrifices at the same time