North Carolina standard., 1851-01-15

i hold it to be plain principle of Constitutional
law. that long as the people composing the State
of North Carolina consent toreiraln in the Union.
is herduty to obey the laws enacted by Congress.
Should they object to any law, their oy appeal should
Congress refuse to repeal it, is the Supreme Court
and that all open forcible resistance by them, whet-
or under State authority not, is treason This
Sir is what is meant by this passage of the Report
of this minority. to which gentleman from Chat
ham much ohjectsI. and the truth of which he
denied. The Report uses this language
Is Should the State of North Carolina admit that She
has no right under any circumstances to Withdraw
from the Union, but must rely for her protection upon
what has been called her natural rights, and
rebellion insurrecon, she releases thereby her
citizens from all allegiance 10 obey her com n,ands
for if she has parted with all her sovereignty, she has
no claim to obedience in such an emergency. She
may raise the standard of revolt and collect around
her banner all the disaected and discontinued, but
in doing she admits she is guilty of treason and
all who follow her fortunes may share the fate Of
traitors" This Sir, maintain is strictly Constitu-
tional language, too plain to require the force of
gument and unless the people Of the State assert the
right to withdraw from the Union, as the first step
toward asserting the right of revolution they must
remain in the Union and submit to all its pains and
penalties, and no State authority avail them any,
I thing. For, saiu Mr.. Webster in his reply to Mr.
Hayne, IS maintain that between submission TO the
decision of the constituted tribunals and revolution
or disunlon, there IS middle ground-tllere is no
ambiguous condition. half allegiance and half rebel
lion" would, therefore, say the gentleman from
Cha than. II he Is In earnest his willingness to re-
| General Government
50 with the whole strength and sovereignty of the
State,' he must quit the Union do it. He must eth.
remain in the Union, and acknowledge obedience
to its laws, go ont OF it aud resist under the ban
ner of his State he cannot, in such an emergency
serve two masters; he must make up his mind to an
swer the question of ancient Pistol, g under which
King Bezonian, speak die
1t seems to Inc, Mr.. Chairman, that those gentle
who deny the right Of secession but contend for
the natural right OF revolution, have got into this
confusion of ideas, from adyeriing to the source
and origin of our Government Their notions are rather
English than American. In England the doctrine is
that Parliament is omnipotent. IL is the source and
origin OF all power On the contrary, in North Caro-
! lima, We have proclaimed the people the source of
power, and our Govanments, both State and Federal
established upon this principle. Neither Con-
gress the Legislature can lawfully any power
which has not been delegated them in their res
pective Constitution and when they do, they brcone
uSurpers, und trench upon the liberties OF people,
In our State affairs the remedy for any usurpatons
of the Legislature is easy and expeditions The inter-
OF the people Of the Stale nearly, if entirely
homogeneous, and a change OF the members of the
Legislature may bring back the State Government
lis just limits. Not so with Congress. The delegation
TO that boiy from The people OF North Carolina nd
of the whole South, is in the minority. change of
members in North Carolina produces no results, and
the feeling and interest of the two sections upon the
subject of slavery widely different and daily be-
coming more Now Sir, would ask what rea,s-
dy have the people of North Carolina, should Con-
greSs usurp POWERS not delegated, if they cannot
wltnuraw. ana say III hpc Je0cT0 non rem Geute-
men may say unconstitutional law Is not binding
the Supreme Court would reverse il. That is very
true, but the law may he unjust. and the Constitu-
ton violated and the question cannot be brought be-
fore the Supreme Court: for instance suppose Con-
gress repedIs the fugitive slave law Can the Supreme
Court take cognizance of such breach of the duty
OF Congress and an express requisition of the Con-
stitution Ii it can, would be glad if some gentle
man would point out the process. The sins of ons-
sion sometimes great as the sins of comnis-
sion and when the Government fails do Its duty
it is gorgeous folly to look 10 any other source of
redress than the intelligence and patriotism of the
people.
Alexander Hamilton, high authority in matters of
State said that without its patronage and
of corruption, the British Government could not exist
suspect, Sir, that good deal of this horror mani
Tested by some of statesmen towards secession,
which appeals 90 the people, arises more rDII fear
of losing the loavrs and fishes, than from any
apprehension that the people will do augh.
endanger their own liberty. The Federal Govern
ment this time, by OF its enormous revenue,
and the prodgality with which il is squander-d, can
command the services of aspiring genius. To the
ambitious she offers attractive official station the
mercenary, fat jobs and contracts TO the voluptuous
the attractions of the Capital and in all she tinds
host of admirers and defenders whose talents and,
zeal irresistible. Whether they will prove too
strong for the liberty of the people, few wears
will develoPe.
The honorable gentleman from Guilford, in reply
TO the question whether the people of North Caro-
ina in their organized capacity political commu-
nifty, had right 10 resist an oppressive act OF the
general Government replied =. that they had, but
revolution, and not secession right guaran-
tied by the Constitution. knew before that
the people of North Carolina derived their rights
from the Constitution of the United Staies. thought
they claimed their freedom nh nalienabIe
right derived from the Inunifcent GIFT of awise
and bouutiful Creator. In the monarcica nations of
Europe the royal bounty grants to the humble petition
of his subject. rights and privileges. The free people
of America acknow ledge authority. not expressly
derived from, and delegated by them. The gentle
man from GuiIford has reversed this condition. He
looks into the Constitution of the United States, not
find what rights his constituents have surrendered,
but what rights have been guaranteed TO then. Leav
ing the gentleman settle this important point with
his constituents, l will repeat what have already
stated, have con,ended for secession a /
right derived: from guaranteed by the Constitu-
ton. said in my resolutions submitted at the COM
rnenceinent of the session, shat the right secede
from it (the Unon) is right of sef-defence and pro-
lection which the people OF North Carolina have
surrendered and never surrender, with due regard
to their safety an welfare" This proposition |
now maintain, and have heretofore maintained on !
the floor of the Senate, in strict conformity with
the theory of Government and if il has not been
surrendered by the people it is unquestionably re-
served to them. --s>... I
have endeavored to show to the Senate that the !
right of revolution if it means any thing must be |
be preceded by secession; that it is absurdity TO
claim the right for the people of North Carolina to
change their form OF Government within the Union.
Having dissmbarrassed the admission of the gentle
ma from Guilford from some difficulties which his |
confusion of ideas had thrown around it, will now
proceed show the Senate that his reply my ques.
tion admits the very point in dispute.
f,I.o aofN North lima in THAR