North Carolina standard., 1851-11-01
initiating and degrading submission.


In an extended territory like that of the United
States the different sections will have different in
terests and Legislators will be Influenced by thei
local situations. Hence they will be liable to thu
imputation of being governed by sectional and no
: national views. This was the complaint agans
! those laws which were enacted in favor of a pro
tectve tariff and which, at one time came very nea
involving the country in civil war. 1t should be
remembered, however that what advances the In
terest of one section in measure advances the In
terest of ALL The protection which has heretofore
been extended to the manufacturing interest, has
also benefited that of agriculture and commerce
An abandonment of this interest was truly sec
tional, and not national measure. We ought not
to look with jealousy or envy, the wealth which
NAV have been accumulated, ,.in consequence OF this
protection. when it has been literally expended
in works of usefulness and benevoence, extending
to every part of this republic. We hope that we
! shall a1an witness a resort to aprotective tariff,
and that the doctrine of free trade will be given
I'M as a sectional and narrow feeling, not adapted
to the wants of the whole Union. Sensible, how
ever that in our government majority must deter
mine what measures shall be adopted, even if our
wishes should be disregarded, and policy still
more fatal to our interests should be pursued, we
shall endeavor to seek redress In the Union, and
not out of it. ...f" --
| There is another subject, connected with the ac-
ton of this state, which ought not to pass over
silence, lnaSnuCQ as SCDe mas De6n
Justly calumniated by those who have offciously
interneddled with our concerns Some of the
states in the confederate republic equals, and
not our superiors, have undertaken to sit in judg
ment, and reprove and reprimand our Legislative
acts, as though we were accountable to them.
Those of our own citizens who have either approved
or condemned any acts proceedings of the leg
isature have but exercised the right of expressing
their own opinion and endeavorng to influence the
! of ofh which oil
and so far as it evinces anxiety to keep rulers
and legislators within the pale of constitutional
authority, to protect the natural rights iber-
ties of man. to procure the repeal modification
of any law, whether of the state or general gov
ernment, it cannot be subject ofcensure, but mer-
its appreciation. Those belonging to other states,
and other governments, who have reflected injuri-
ously on the legislation of this state, not enti
tied to this charitable construction of their motives
or acts. We are not bound to consult their wish
es or conform to their views, when legisate for
ourselves 1t is no time for them to complain until
we violate their rights.
These remarks are elected from a consideration
of the law of the congress of the United States,
on the subject of fugitives from labor and the act
of the Legislature of this state relating to the writ
of habeas corpus, and of the view taken of them
by Others. OF the former, have no disposition to
enter into any discussion, and shall not speak of it
! in the language of reproach and certainly not of
appreciation. [ early learned in the resolutions of
the general assembly of thisstate in the year 1799,
in to certain resolutions transmitted to them
/ by the state of Virginia that " it belongs not to
the state Legislature to decide the constitution
ality of laws made by the general government,
that power being exclusively vested in the judica-
ry courts of the Union ;; and from that year to the
present time have never seen any great practical
good from passing resolutions on subjects not i'm
mediately connected with legislation the repre-
sentatives and senators are usually sufficiently ac-
quainted with the wishes and feelings of their con-
stituents, without the aid of resolutions and in
struction. ....:r
may remark for myself individually, tEat%hat-
ever other powers congress may possess in order to
insure domestic tranquility and promote the gene
raj welfare, or warrant the passing of the laws in
question: have not been able to find in it that
clause of the constitution, in relation to fugitiyes
from labor, and have rather conceded with the
opinions of learned chancellor of New York, and
of judge of the supreme court of the United
States and of some of the distinguished statesmen
of that portion of the Union who are the most SEN
sitive on this subject that legislation by con-
gress authorized or required. But upon this, |
as upon all other similar Subjects have endeavored
to conform my views to judicial decisions, con-
siderng all decisions of the supreme court, upon
point directly in ssue final and conclusive though
l have not yielded the same authority to the rea-
sons which they may express for coming to such
decisions, which frequently given by the way of
illustration or explanation only. should have
much preferred to see the authority in congress
maintained from the words of the constitution, and
not from contemporaneous history, which I have
never been able to find, and from acquiescence, |
when those who were the sub bjeots of its provisions
had no other way but to acquesce, and had not the
means or ability to try the validity of any acts
passed by congress, any question of constitu- !
al construction. I am not insensible that others,
whose opinions are of very high authority, have
different views. Those who think congress are un-
der any constitutional obligation, by the article
ferred to, to enact laws to carry the into eff
feet, may be justified in passing this law and will
probably have to resort to other measures more
stringent and effectual.
Those of the representatives and senators in
congress who neither voted for the law in question:
nor proposed any alterations amendments have
no reason to believe had any such views of consti
tutional duty or obligation. But have no wish
whatever either to discuss, agitate censure, ap
prove the law in question, and will only add that
it is no reason with me, either to withdraw my con-
fdence from any administration or any men who !
think differently to wthholdi it hereafter, if they
were honest and uprigh in their convictions of
duty. Unanimity, or perfect coincidence of opin-
ion is not to be expected in any legislative body
on every question before them, either of ordinary
legislation, of constitutional rights or duties.
Nor can hesitate to express my appreciation of |
the executive in carrying into effect, either this or
any other law passed agreeaby to the forms of the
constitution. Indeed it would be an anomaly, and
dereEction of Duty for any executive to refuse or