The Charlotte journal. [volume] (Charlotte, N.C.) 1835-1851, 1849-01-12

-. guy 'e"s W W any act Whatever, III
y shall directly or by i,s effects, make a
. discrimination between the States of Il
Union. The design of these resolutions,
toshsdow forth 10 unequivocal terms the D
s'i'on Of North Carolina for moral efIec, up,
the action Of Congress. The custom
discussing national politics ia State Leg,
!. 'aiures, had lie origin o. an early day.
!. voice from the Old Dominion, where weeI
. are still consumed debating national affair
y once told with power. not only upon tho a,
!. ton OF Congress. but upon mos, Of the oil
, o. States. Tho at this day, the voice
{ any one S;a'e, has but little effect, an
these resolutions may fell 10 their desisr
, and tho opposed,o their introduction, bein
wiling to trus, 10 The patriotism of our rop
Tesen!oIiVes-bO.h Wings and Democrat
-on this great question, yet as these res
olu'ioDs hare been introduced, am unw,l
ling sir. to y.ject them, les, the fact may b,
construed as virtual abandonment Of ,ht
Constitutional question; Us they did, in The
case Of Mr.. Folks signing tie Oregon Bill
with the Wilmot Pfovisio attached.
Ihese resolutions declare 10 plain and
pointed language. TINT Cong, css has NO
right TO make any law, or do any act, iha,
shall directly or by its effects make any
diectimihailon between the States OF this
Union" Congress-in effect says the Con.
stiiuIIon-shall have power to make all
necdful laws aud regulations respecting the
Territory Of The United States; but tho
North says. 10 protect slavery in the Ter
fiiofies Is not aeedfni, while the South as.
sa.ts otherwise SO the dispute turns on he
point OF utility. Tho Constitution settles
The question ~ the IN as,icle Of The amend.
'ncnl. which sage "ibe enumeration in the
ConsI',uiion Of certain rights. shall no, bo
construed 10 deny or dIspsfuge others 10
tanned BY The people. Nov Sir, II Cit
z,u Of tho North aud one Of The South,
should emisrate to Territory with their
respective properties, and Congress should
'htos tho arm Of protection over one and
not the o;her. there would be an exercise IL
power disparaging tho rights which the Ct,
Il ms Of the Sou,h have always held. Nov,
TO avoid this conclusion. some have denied
that siares are property, except BY statute
|aw. Without going into the abstract ques.
lion Of chat constitutes property. una
gi0c that inasinuch a. the & institution has
not defined that question, Congress canno,
decide Il; that il canno, pro.ec, The citizen
Of the Norsh in hispicpcHy, ackno sedsed
~ such ny bis State. nor - II 10 ~ prov.
|pee, 10 pass acts affecting the property OF
~ the South. &c kno lodged as such
y, wi.hou, disparas,ng or deny.
~ sjEsigh,s; for The constitution express.
9 1olsses IN another place, "Tha, the
l9lixens Of one State. shall eijny oil the priv.
ileges Of the citizens Of the other Sla,es."
Aud certainly sir, il vii 90. DO asserted,
tina, removal ,oa Territory, alscts in Any
legal sensc. the relations We bear 10 the
General Government. II Congress have
the power 10 leeisla,c Tor the Territories.
TO pro,cc, tho lives Of the citizens and Sc
euro their property against violence. u by
no means follows, they eau withhold this
protection Of pleasure, or exercise 1t paisi.
ally ~ respects personss for certainly this
power Of legsla,lng must be controlled,
both by the principles Of equity aud the
spirit and letter Of the Constitution. The
power to protect persons and property
grows out Of the right Of possession, but
discrimination cannot consti,u,ionslly be
made under any clause. II any other prin
ciple be admitted, the conclusion TO which
~e will be drawn. would DO so extravagani.
that reasoning back against the conclusion
would overthrow the premises.
But il may be asked, what avail when
the Territory under dispute iorb.ds the intro.
duc,ion Of slavery BY local lawsp This
can DO answered BY asking another ques.
ton. Shall oil The laws Of II foreign Ter.
riiory remain in force, after it's acquisition
OF annexation I lf not, rhat ones shall be
repealed! Undoubtedly such, as Congress
has no porer. under tho Constitution, Ia
fpas Blu, under wha, article OF the Con
s,itution. is Congress bound to protect The
save owneti Jus: under the same ,ha
binds il TO offer protection OF security Il
any other property, (here We understood
| Mr.. Mcdowell to qnal,fy his meaning L
this effect. That Congress can pass nj
particular lave affecting slavery in The Ter
r,,o,ics---eiihcr to prohibit lis introduction
or to foster aud protect its introduction bu
tina, those general lars, relating to Tern
tories passedby Congress, protect, or shou'
project, the possession Of every species q
properly, acknowledged as such in 'h
States from whence the emigrunt came
aud tina, as slaves were acknowledged
be properly. tho slave owner claimed q
large a share Of the protection afforded b
. the general provisions Of Territorial GOV
= eminent, as tho owner Of any other kind I
prope,,y.'-EpIroR JounNAL.) They III
bound to pro,ec, one species OF property
T. much as another.
q Blu, Why should tho Legislature of or'
\. Carolina, or the South, assume pos'''t
:. on this subjec, which in the event Of o,
!. rights being uamplcd upon We may not
,d able or willing 10 maintain! What Won
b. proper for US 10 do in such an eve'
mus, DO determined at another time, VII
l.