The southern press. [volume] (Washington [D.C.]) 1850-1852, 1850-12-16

eTIlHeflt and protecting US cHselu ag@hst meu Wv
abuse and this can be legally done
First, in the case OF an act in the opinion Of the
State palpably unconstitutional, but affirmed IN
the Supreme Court in the legal exercise or Its
functions
"By remonstrating against it to Congress.
"By an address to the people in their elective
functions, charge or instruct their representa-
tives.
"By similar address to the other States, &c.
"By proposing amendments to the Consttu-
ton, &c.
"And finally, if the act be intolerably oppres-
sive and they find the General Government per-
severe in enforcing it, by resort to the natural right
which every people have to resist extreme OPP
preston. Secondly, If the act be one Of those fear
tohich in its operation cannot be submitted TO the Su
ureme Court and be one that iciH, in the opinion Of
the STATE justify The risk Of ioithdratoai from the
Union, that this last extreme remedy may at be
resorted 10.
"That the theory Of the Federal Government
being the result Of the general will of the people
of the United States in their aggregate capacity,
and founded in no degree on compact between the
States, would tend to the most disastrous practi
cal results and that it would place three-fourths of
the States at the mercy OF one-fourth, and lead
inevitably to a consolidated Government, and final
" to monarchy, il the doctrine we e generally ad
mtted and if partially so, and opposed, to civil
dssensions."
Here, sir, we see laid down in few compre-
hensive words the true theory Of our form Of
Government the States have reserved to them
selves the right and the duty TO protect their citi
zens against all unconstitutional or oppressive acts
Of the General Government. A right never to be
resorted to, except in cases Of extreme oppression,
and one which it is probable would never be called
into existence If it were openly avowed, ard
distinctly understood, as a right that never could
and never would be surrendered
Let US examine for a moment the consequences
r L.. .nI1 . 81, ,rhf lodi
err, says in his speech against the right of seces-
sion, delivered in the Senate OF the United States,
August I'd, 1850, "Therefore | should hold my
self at liberty, yea bound by every consideration
Of duty 10 myself and country, by that integrity
which binds me to maintain and fulfil the oath |
have taken TO consider for myself under any sup
posed circumstances, whether a case existed Of
unmitigated oppression or Of dangerous and OBJ
stinate usurpation, which constitutes known and
understood exception from the duty of sub omission
to a Government and justifes the oppressed in
falling back upon the natural hts of resistance
and sef-preservation. Now, sir, the PROPOSE
ton as stated and argued by our Senator not only
denies to the people OF North Carolina in their
ganised society State, to protect themselves,
but in fact dssoves that society, reduces it to 4
state Of nature where every individual, like the
rowing savage, depends upon his own ri ght arm
for protec ion. This is the very result foretold
by Mr. Livingston, when he says that denial,
&" leads inevitably to a consolidated Government,
and finally to monarchy, if the doctrine were gen
erally admitted, and if partially 81, and opposed
to civil dissensions." Moreover what possible
chance could an isolated citizen have to protect
himself or his property, against an oppressive act
Of the general Government, even with the aid OF
State organization, the contest would be very
unequal one, and requiring all patriotism, and de-
votion, that dwells in the breast Of man.
In commenting on this speech, Mr.. Speaker,
beg leave to state distinctly that do so with per-
feet respect for the Hon. Senator, although diff
fer entirely with him in reading the Constitution ;
still, sir, prefer being represented by an avowec
consolidationst rather than by Of your States
rght-men, afraid to express his real opinions. |
can hope for something from the generosity and
candor Of the one, can expect nothing from the
timidi'y OF the other, for in private, as in public
affairs, there is no counsellor SO dangerous as
fear.
The Honorable Senator further says in his
speech I" | acknowledge no more power of dis
posing Of the obligations have undertaken to dis
charge to that country and that Government
(meaning the General Government and the United
States,) and which hope shall endeavor to full
fl. acknowledge, say, no more authority,
in the State Of North Carolina to dispose Of that
obligation, than in the State of Virginia, or the
State of New Hampshire to do it," This opinion
involves the whole question, if the ma jority of the
people Of North Carolina have no rghtful authorl-
ty through their legislature otherwise, to COM
mand the obedience Of all her citizens, the Hon
orable Senator is right and this second resolution
ought to be rejected. In my humble Judgment
Mr.. Speaker, the Honorable Senator has fallen
into error from the misrepresentation of the doc
,rne Of allegiance, and the extent of his duties
the General Government. He owes other al
egiance to the United States than that portion of
the general allegiance due his native State which
she has transferred to foreign Government land :,
and nd nd tho nf
fer, the deed Of ASST gnment, viz: the Constitu-
ton Of the United States, is the only evidence. If
the contract is violated, or destroyed, the parties
relapse back to their original position and inherent
rights. North Carolina adopted the Constitution
Of the United States in her aggregate capacity of
one community, and whatever rights she reserved
in that instrument, she reserved in the same ag-
gregate capacity, nor did she by doing, rSlin-
9uish any further her authority over her citizens
Primary allegiance is due from all her citizens
to her alone; that secondary allegiance which she
has transferred is due the United States,
This view Of the doctrine az allegiance is fully
sustained by Mr.. Madison in his argument in the
case Of Ramsay IS. Smith in the Hou Sc Of Repre-
sentatives in 1880, a contested election. Mr. Mad.
ison then said, sit was an established maxim, that
birth was criterion Of allegiance. There ras a
distinction bei,eeen that primary allegiance
that particular society Of ,rhich zee members and
the secondary allegiance ice ore to the sovereign es
tablished by that society. what was the situation
of the people Of America when the dissolution Of
their allegiance took place by the declaration Of
their independence conceive that every person
who owed this primary allegiance 81 the particu-
lar community in which he was born, retained his
right Of birth, as member Of new community !;
that he was consequently absoved from the sec
ondary allegiance he owed to the British Sover-
eisn. lfhe were not minor, he became bound
by his own act as member of the society who
separated with him from submission to foreign
country. When that society separated from
Great Britain he was bound by that act, and his
allegiance transferred that society, or to the
ereign which that society should set up; because
it was through his membership of that society Of
South Carolina that he owed allegiance to Great
Britain"
Mr.. Speaker, should the Senate reject this Sec
ond resolution, it will be virtually admitting that
the State of North Carolina, as an organized po-
ical community, has no right to command the al
legiance Of the citizens Of the State, and conse-
quently cannot protect their property against any
aggression Of the Federal Government. If such
the opinions Of majority Of the people Of the
State, it is proper that it should be known, that
such Of her citizens as desire better protection
for their property may seek other communities
which may not have snch humble notions Of their