North Carolina standard., 1851-01-15

gnmenl, what nnfairness have done the opinions of
Mr. badger Istated his opinions in his own words,
taken ffo,a his printed Speech. MIR. Badger is an
accurate thinker-a man who uses proper words in
proper places; and have no doubt, had he believed
the State of North Carolina as political power had
right to resist forcibly the general Government
and command her citizens tot aid her, he never would
have said he acknowledged the same authority in
Virginia as he did in his own State. have, there
fore. Sir, too much respect for Mr Badgers nteiii-
gence to believe that he will be satisfied with the
defence of his opinions, made by the gentleman from
Guilford, however much he may be gratifed by the
fervor of his zeal.
| will not exhaust the patience of the Senate and
my own strength in illustrating what must be appa-
rent that if the State hasa right to exercise an act of
sovereignty IN resisting the Federal Government, as
admitted, she must have all the accessories of that
sovereignty not among the least of which, is the
right TO declare What shall constitute treason against
her authority. If the gentleman from Guilford had.
therefore, reflected little upon the necessary
sequences OF his principles, he might have spar
ed himself all the horror and he has manifested
at the States undertaking to pronounce who should
be considered traitors and rebels against her au-
thority.
The gentleman from Guilford read to the Senate
two long extracts, one from MIR. Madsons letter to
the North American Reyew-the other from General
Jackson's proclamation. l was very much surprised
that gentleman who has, understand, large legal
practice and who therefore be in the habit of cri
ticaly examining the meaning of statutes and weigh
ing the cedbliy of testimony. did perceive that
~
first, Sir, dispose of this proclamation and think
can show to the Senate that from the circumstances
under which il was issued, it is entitled to weight
as Constitutional argument. have, Sir, right
to speak of Gen. Jackson. voted twice for him for
the Presidency of the United States, and under SINH
lar circumstances would again do the thing.
He was man of violent prejudices and passions, but
honest and patriotic, and sincerely attached to repub
lican institutions. | served in Congress during his
Presidential term, and gave his Administration such
support as could, consistently with what thought
The interest and wishes of my constituents.
Those were days when public man permitted
to have some independence of thought and action,
and was not expected to follow the lead of a few
party ntriguers be denounced and villiied. men
tion these facts, Sir, merely show that from my
associations / could have object in undervaIu
any opinion Of Gen. Jackson. Much of the reason-
ing and assertion of that proclamation was deeply
getied by most of Gen. Jacksons's supporters and
friends and whilst they rejoiced that he had thrown
the weight of his against the doctrine of nuli-
fcation, they with unfeigned alarm that in his
anxiety PROSTATE political foe and revenge per-
sona insult, he permitted the ardour of his feelings
to carry him so far that he was giving counienance
to some of the most pestilent heresies which have
been advanced by the friends of arbitrary or
consolidated government Gen. Jackson, in his cool
moments, atoned for all this by explaining the OBJ
rcionable and doubtful passages of his proclamation,
and declared the world that he still remained un-
changed in his belief that the resolutions of 9S and
Mr.. Madsons Report, contained the true theory of
form of government.
This proclamation undoubtedly the child of
MANY fathers. 1t bears upon its face evidence of its
various paternity. Every shade of doctrine gath
something from its perusa Even the secessionst,
though condemned, need not despair OF receiving
consolation for it says in passage that
cessiOn, like other revolutionary act may be usti
fled by the extremity of oppression" II will probably
forever remain unknown who had the greatest agency
in concocng this celebrated paper there is very little
doubt, however, that the friends OF MIR. Van Buren,,
gladly availed themselves of The quarrel between the
prpSiI iIpOt tn fnrh hofh
and wrath of the former against the latter, and his
peculiar Constitutional opinions. For these reasons,
Mr.. Chairman, would as think Of consulting
Gen. Jacksons celebrated letter, in which he pro-
posed the hanging Of the Hartford Convention fedpr-
aliss, under the second article of this procIa
mlatiun and would suggest to the gentleman from
Guilord that the next time he consults the procla-
nation commentary on the Constitution, he had
we'll read the letter. 1t may moderate the
ardor of his admiration. j will dismiss this subject
by reading from Gen. Jacksons inaugural address in
1929, an extract, which will show what were his
opiniors upon the lights of the States his cooler
moments, and before he had felt the influence of pow
His inaugural in 1922 contains these words " In
such measures | shall be called 80 pursue an re-
gard to The rights @ the separate STATES, hope to be
animated by proper respect for those 0,eregn
bcrs of our Union, taking not to conound the
powers they hare reserUed to MenSekrcs, with those
they have granted to the Coniederacy."
The letter of Mr.. Madison, which the gentleman
read, is very different affair; and if, Sin, thought il
undoubtedly bore the construction the gentleman from
Gultord puts upon it, would surrender my opin-
ion. There has been man in this country whose
opinions upon Constitutional question is enritle to
such respect Mr.. Madison's. He was coeval with
the instrument itself and had large share in framing
il, and putting into operation. He man, from his
character, emnently entitled to confidence.
His mind was philosophical and his temper placid. |
He regarded the instrument not as political partizan
acting for the moment, but statesman looking !
remotely into futurity for the benefit of posterty |
Such could have no ject hut the public good.
He descended gently to the tomb-is opinions undis
tarbed by personal onroversies-surrounded by
earthly blessing, and recorded honors have gathered
round and thickened over him.
Let US now examine this letter of Mr.. Madison, and
see if it bear the construction the gentleman from
tiuiIford has put upon it. The letter by
stating the character of government. - In
order, says Mr. Madison, to understand the char
acter of the Constitution of the United Sraes the
error not uncommon, must be avoided, of viewing it
through the medium either of consolidated govern
nen, of confederaed government, whilst it is
neither the the other, but mixture of both.
And having no model, the similitudes and analoses
applicable to other systems of government, it must,
than any other be its interpreter according
20 its text and the facts @ Me case" Again, he says
1t formed by the States; that is, by the people
each of the States, acting in their sovereign capa
;ity, and formed, consequently, by the authority
which formed the State Constitutions"
Here sir, have the unqualified testimony of Mr.. t
Madison quoted by the gentleman himself against the
doctrine that the Constitution of the United States The
esult of the general will Of the people of the United
States, acting in their aggregate capacity
nuny, and consequently independent of any separate
State control or State action Mr.. Madison then goes
the several provisions U the Constitu-
ion intended the of the States against
and abuses the part of the General Gov