North Carolina standard. [volume] (Raleigh, N.C.) 1850-1852, 1850-12-14

onr Government to old Confederacy and has very
properly been pronounced by the whole country an
absnrditv regretted this movement of South Car
olna at the time and told some OF the actors in it.
that they would do injury by It % Inc cause
the rights of the States than All the arguments OF the
federal party since the adoption OF the constitution
And such has been the case 1t has not only deprived
South Carolina of that weight her counsels are fairly
entitled to, from the ability of her statesmen, but
many persons running into the olner eAene' anu
denying to the States all authority whatever IN TACT
making them nothing than mere corporations to
be dissolved. rearranged, at any time to suit the
pleasure of the General Government is the part
of wisdom in of the South, to let by-gones be by
cones let examine what are our rIghtsas separate
communities and manfuliy assert them.
TO satisfy these timid gentlemen that this second
resolution contains nothing OF the odous South Gar
DINA doctrine, will read what Daniel Webster said
in his celebrated reply TO Mr.. Hayne in 1880, and
hope that will satisfy them, as they cannot suspect
Mr.. Webster of any leaning towards notification
Mr. Webster, in commenting on the Virginia res
olutions of 1888, behind which Mr.. Hayne endeav-
ored to shelter himself, used the following words:
That resolution declares that an case The dangerous
erercise powers not granted by the general
the States may interpose to arrest the progress OF me erl
But how interpose, and what does this declaration
purport! Does it mean more than that there may
be extreme cases. in which the people, IN any mode
of assembling may resist nsurpaon and relieve them
selves from tYrannica Government? No one will
deny this. Ssch resistance is not only acknowledge
ed to be just in America, but in England ALSO Black
stone admits much in the theory, and practice too,
the Carolina doctrines, do not deny, that the people
NAV, if they choose. throw off any Government when
it becomes oppressive and ntoerable and erect bet
ter in its stead We all know that civil institutions
are established for the public benefit and that when
they the ends of their existence they
may be changed" Now, sir, might stop here and
close discussion this resolution, with the words OF
Mr.. Webster just read, for, the resolution means
nothing more, and certainly gentleman will con-
tend that there securities for the public liberty,
both in the theory and practice of the British const
tuition, which the people of North Carolina have sur
rendered. If they have, they made unfortunate
exchange from foreign king to government
troed by abolition fanatics will, however, trouble
the Senate little further this second resolution
in vndication of the intention and meaning of those
who formed and adopted the constitution of the Uni
ted States.
The tenth article of the amendments of the consti-
tuition of the United States saws, the powers not
delegated the United States prohibited by it
the States, reserved the States respectively
to the people," Why reserve these powers if it
not intended expected the people States should
protect themselves from aggression If they have
no right to protect themselves effectively, the article
means nothing. and it folly and surpusage to
insert it in the constitution. l have, however, too
much respect for the wisdom of those who framed
that instrument to entertain any such suspicion. They
thought, no doubt with Charles Fox, who once said
the right to dethrone British sovereign for the BEN
eft of the people, certainly existed, but should be
! talked about as little possible. We know, more
over, Mr. Speaker, that many of the States particu-
lary Virginia, New York and Massachusetts in adopt
ing the constitution of the United States, expressed
in thei: acts of ratification the same sentiment.
Massachusetts in her act of ratification used these
explicit words That it be explicitly declared that
all powers expressly delegated by the aforesaid
constitution reserved to the several States, to be
BIZ them exercised.
That there may be no doubt of this second resolu-
ton expressing the true theory of oar form of Gov
eminent, will introduce another authority. 1t will
be recoected by the Senate that in $3.50 there
in the Senate of the United States debate multi
ication, called by way of preeminence the great de-
bate, when the whole Of this subject thoroughly
! investigated Among the numerous able speeches
delivered that occasion was one by Edward Liv-
ingston, which was pronounced by the Washington
public preeminently able as constitutional argu-
ment. l recollect hearing Mr.. John =. Adams whom
will suspect of undue leaning towards State
rights, remark, that Mr.. Livingston had stated the
true theory Of the Government. Mr.. Livingston
was afterwards Gen. Jackson's Secretary of Slate,
and is supposed have been the principal composer
OF the celebrated proclamation of Gen. Jackson which
gave the finishing blow to notification. MIR. Lv-
ingston said - this Government is partly popular act
ing directly the citizens of the several States;
partly federatve depending for its existence and
ton the existence and action of the several States
That among the attributes of sovereignty retained by
the States is that IF matching orer the operations Of The
General Government and protecting us citizens against
their unconstitutional abuse; and this be iegaLy
done. First, in the of an act in the opinion of
the State palpably unconstitutional, but Affirmed in
the Supreme Court in the legal exercise of its func
| tions;
" BY demonstrating against it 10 Congress.
BY address the people in their elective func-
tons, change instruct their representatives.
.. By a similar address to the other States &c.
BY proposing amendments to the constitution &c.
And finally, if the act be intoeraby oppressive,
and they find that the General Government persevere
in enforcing it, by resort to the natural right which
every people have resist extreme oppression. Sc
condly, IF the act be of those fen which in its opera
tiOn cannot be submitted TO the Supreme Court and be
that aoiH, IN the opinion Of the Sdfe justify the
risk of ,Uithrn,oal from the Union, that This er-
IRENE remedy may at once be reswted to.
'That the theory of the Federal Government be-
ing result of the general will of the people of the
United States in their aggregate capacity, and found
ed in degree compact between the States, would
tend to the disastrous practical results, and that
would place three fourths of The States the
cy of one fourth, and lead inevitably to a CONSOLE
dated Government, and finally to monarchy if the
doctrine generally admtted and if partially so,
and opposed to civil dissension.''
| Here, sir, see laid down in few comprehensive
words the true theory of form of Governments
the States have reserved themselves the right and
the duty protect their citizens against all unconst-
tutona oppressive of the General Government.
right to be resored to- exceptin of ex-
treme oppression, and which it is probable would
becaed into existence if itwere openly avowed.
and distinctly understood, right that never could
and would be surrendered.
Let examine for moment the consequences of a
denial of this right Our Senator, Mr.. Badger saws
in his Speech against the right of secession delivered
in the Senate of the United States, August I'd, 1885,
:" Therefore should hold myself at liberty, yea bound
by every consideration of duty myself and country
fiji the oath have taken to consider far myself under
cunn ed cir uuct rhotho