The Charlotte journal. [volume] (Charlotte, N.C.) 1835-1851, 1850-11-20
ca1AREOT'rE. N. c. NJ tyEMBER 20, 1850


Of law under the Constitution ;s nos, CIV
Gus. Ito President send, a collector +,
onafiesson to Collect the duties oi that for
el entry, undrr The provisions Of the tar.
'a"' ne oihcef Ia os.lrucied in Tho exef
c'se o. his functions by nullicaion militia
~ or civil officer, aeiisg under the State or
oinanee. The latisr is arrested for a VOL,
.ion oi the laws OF the Union. He plesd, hi
o'a'e ordinance 10 justification OF his ceoduct
aho Inc FEDERAL cour, hdjudgcs us to The sufIi
clehey OF hls pea. Ii the tariff law is bel,
'a's' The marshal calls out lhc posse comifo
tas 10 eR'oIee the jude smcn, # secessarv. and
" ms Is fsss'ed b, an a,scd force, il is ,.ea
sen BY any party ofaEd.ne. Tscre is no es
CAPE from case of Law by tho sub,erfrpa
.aa' ihe rersisrce is u political resi.,ance. -
no" toPrenely ridiculous would it t. ,f the
! enhfe code 1f !a-s u sde by Coaatrs. under
.he au'horiy Of the Cen-lltvlloa could he n,d.
'ihed 10 ahy State by the snaei,nen, Of s s,e
"a" iot bidding Their nAsrci.e ~lih,p It's limits
How iule would II te to cnsc, laws ,f III.
uovefnmens had tot The power to use force
IN thor execution.
ire Constitution is q solegn comnsc, by
Tie States or The people OF the S,atos-x.
care ho' which the seceders will have u-bv
"h'eh tbey dslezate csItoiH powers 10 Cen
stes~, aud, IN cases Of law ard pou,tv the
courts OF the United S,s,es ia H. the ;,Jo
IS o. all cases OF law ond equity arising onder
ms ooa''i'u'ion' The seeed-ls would baye
H. tHa', 10 The face Of ths provision, State
may arrest the courts iuexacullog the laws If
Iougtess, and all tbs, too, under srd sy VIZ.
Tue Of the Cossl'ulien.
ne l"hcd'aic mater o. disconient for
Shiea secession is proposed NJ a remedy 10
we supposed UHcOnsi,tutoua conduct Of the
North and the Federal Goyein,nent iouching
me territories acquired by The tteaty of Gsu
dsIoupe Hidalgo and Tho adnIsslon of Catlo,.
ma osa State. The fesl step in the process
OF secession would lie 10 drive off lhe Feder,l
'iiicers, judges, clerks. marsbal., and o(Ii.ers
of ihe cus'oms, aud iheo 10 expel our military
ano naval isicrs, If any and TO take posses.
SION OF Tho iortlhcat,ons, ight.huuses. and
other Federal property aud establishments
s,thsn '. the boundary Of the seceding State.
as c'i1eas or Salc ufiicoTs rryp. tr1ft.p,,
ms expulsion and sei1ure would be- osfspdsrs
against the laws Of the Un,ied S atrs, # We
are tisht 10 the proposition that secession is
ne "afran;ed by The Constitution, ard would
be prosecuted and resisted by the authority
ind power Of Tie Uaion, acting by the lnstru
nehlaliy OF the courts. The just, fcaiion o.
lie S!ste Iunctionstles would presen, a, npce |
case OF law ing under The Cons1,utton.
oy "hat nfcromaucy can u violation of the |
avs o. the Unton be converted inse a lawful |
'ct BY the mere couatennnce or warrant NJ
state Legislature Is there anythn ne in ,he
,ohs lu''on which will furnish the snalle.,
uPpofl 10 such ptetenslonl We DEFY the
nends OF secession or null fica,iou 10 6,d a
ne OF Inc CONSTITUTION which sustains their
heoty, aod they are almost destitute of The
ulheriiy Of reputable statesmen 10 back tbem.
lf. Hayne and Mr. Calhoun Of 6. Carolina
'ete unable 10 cite any authority for their
obstruction Of cur Constitution, excett the
esolufous OF the Virginia and ken,uckv
legislatures, l795-99 on the subject Of the
hen and sedluon laws.
Inc Virginia resolutions. aft IN that in case ,
Psipae'e violation of the Constitution, the l.
'a'es who are parties thereto have the ripht a
"a ere bound TO in,erpsse for arIesing the ,
rogtess OF the evil, &C.; and the Kentucky q
solutions asse't that "a notification by Y
ose sorereignties, Tho States OF al uaau. n
ouz4d acts done under color uf that lps,ru. ,,
ent Is The rlgh,tul remedy." Mr. Madison. n,
no vas one OF the most able and dlspassion "a
ezpaundeis Of our Constitution, by a let. y
written with the purpose Of pro;estns a. 10
las' The use OF hi. namo aud his VlssGis II
SOLUTIONS ana report 20 support OF nulilfca IN
'n' nos stated That the ifue Weoung of his "
c'iine' as yet down ~ those memorable State pe
Pefs, was that the Constitutional number OF hi
ats, according to the tih article Of the il
institution, was The action OF "the States" va
'sn; Fad fe'erIed TO by those documeu,s.- Y,
IN The exception OF some distinguished an
mes IN the South, notification has a lean re,
meagre authority. In tho North or ed
go mas never received any degree ot Go
polarity The entire Wing party over The Of
ION has denounced II iasreroluiionary as and, orc
&C General Jackson, with the gres, body
MS Democratic supporters, repudlaed and >.
ounced 1t, II has been considered as one Of :.
misch'evous bcresies of the day, which su 6, !,
'll'gen. people have utterly d,savosed.- - ",
. lucid, able, and unahswersble positions
MIR. Webster, 10 the celebrated senatorial !,
usson Of 1880 on what is called Foo,'s Wv
buttons, have been deemed and held the
} exposition of the powers of the Federal ~ ~
eminent. We viii not tire our readers ~" ~
4 citations OF the opinions of the Supreme s.,.
At to the same purpor, - H.. ;.
Ve have spoken OF the true and proper con Of 0
ction Of the Constitution as derived from suiu
istory end literal interpretation and con. com
ctIon. but, If we look TO the reason and
sense Of that instrument aud the in
eDences aud absurdilies of a contrary
si'ion, II appears 70 us that no dispasslon.
L.. IL IL. = W L