Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1828-11-18


Madison says. A" that when resort can be had I,
no tribunal higher than the parties themselve.
the parties themselves must be tho rini,,(ul iudx
e.; in other words, the State ITSELF under lie ri
innate reservation Of sovereignty.' The Judicia
~, Mr. Madison very properly determines. has n,
constitutional competency for This high province
nat u has the power merely 10 decide In relation
to acts growing out Of the authority OF the depart
menis OF Government, not - to questions invoiv,
ing the sovsreign,ies Of the high contracting par
nes themselves. This opinion of;ho absolute un
ntness OF thts tribunal 10 decide between the
States and the General Government, has obtained
irresistible confirmation. by u,e slavi.h doctrine
which Il has more recently avowed, 80 that il will
not inquire iuto the motives Of che Legislature, y
aithonsh fraud may be pe7tetrated in the very
title Of law. and that Il Will fsri Il its duty "a
give, possible. such a Construction to law, a.
will sustsin the measures Of the Government.
quote from memory, gentlemen. but believe, tina,
IN the Tat Of this metropolitan court. am correct
Now. one word o 70 the mode by which the
State Of South Carolina should I" nserpose for the
purpose OF srresiing the progress Of the evil.'
and Qualifying the Unauthorized act.'' This
must DO lett TO the sound dlscrc Of the Legis-
iare. IN what manner It shalt exoneraie oar Cit
liens from oil obligations to laws enacted under
deliberate, paipabie, and dangerous exercise
OF power not granted" To our trustees, 10 the
guardians o. our rights and liberties, we may,
with uudoubting confidence, devoive this high
trust.
Iknow, gentlemen, that various remedies have
been proposed. which, ara designed to come some-
what short ofan appeal 20 the reserved sovereign.
" OF tho State; that State Excuses are in favor
WHIP mAnv insni'i~-"s "a --.-'--.r~-.' n'ust
coMe': mat regard theI as worse than inedi-
cient, that they in effect sort OF domestic
rff Of our own euactnrnt, Of intiscriminate and
injurious operation against our own friends as
we'll As Our foes, and heaping still greater and
more aggravated burdens own consun,p-
ton, 60 say nothing Of the legal yell as moral
t1fr,
ton OF the Constitution by Perpetrating another.
This policy must also be attended by much heart
burning and discomfort ut home, from the fiscal
tnquisition which must be established to enforce
It, whilst among our best friends abroad. II would
often bear with a severity which Il would not be
in our own power TO mitigate With this view Of the
subject, am not sure that the war which this
State seems disposed TO wage with kentucky, 10
not to be deprecated; because boiievc that that
part OF her people engaged in the rearing ofdo-
inestic animals for our markets decidedly anti
tariff that the tariff there finds its support in the
hemp growing interest almost exclusively. But
oil one thing sm certain; although this gallant,
generous, and patriotic people have been led astray
on this subject. by the cunning deception and
Profgate ambition Of him who was once their
idol, but who is now rapidly becoming the object
OF their unmingied scorn and detestation that
they will under kind and social intercourse,
understand that their Interests o,irs and that
they cannot he more injurious to themselves than
by conscnting to he unjust TO US. That to Cypress
the South is to impoverish their best customers.
& that, stuck TO them when they wcre desert
ed by their present Northern political allies the
free navigation of the Mississippi we have some
right. if our "hour Of utmost need" should come.
to count on their sympathy aud support.
must likewise Coofess, gentlemen, that the
absolute certainty, five resort to excuses on the
product OF the Tariff States, Of having this ques-
ton not only decided against Us in the Federal
Courts. but Of having. in effect the issue OF the
sovereignty OF the State determined by these tribu
mails, form q conclusive objection against their u
doption. For one. do not desire to sac the State
OF South Carolina, in her sovereign capacity, in
volved in pi,ifui contest with the subordinate
officers OF the General Government. Letour an
tagonist he a co-e9ual sovereign, and let us meet
him on equal grounds.
Having thus, little faith in State excuses have
still less in non-consuinptpn resolutions. This
expedient would be so partial in its operation and
even so inefficient where il did operute. that il
would precisely amount 70 the SUN Of doing
nothing at all. except. indeed, 10 punish, with
grievous self-dcniai some few persons who
nigh, deem, this the most patriotic mode of resi,-
ting tie injustice Of otIr oppressoTs. As mea-
sure Of domestic economy, to be governed by the
disc ctio @! each individual il is free from all OBJ
lection, ui>oa the ground that no man will unne-
cessarily consume what he can dispense with, and,
in no event, will he buy from those who Insult AMI
Cypress him, " hen he can buv from others. But
as measure (if may so speak) OF national policy !
Of public resistance, to be carried into effect by
voluntary associations under the sanctions Of
cd faith and honor, il is not only feeble, but il
ally co-operates in the crusade which the worst
Of our enemies are carrying on against the free
dom Of trade. IL is at best but a sullen acQuies-
cence in the wrong. under the badges Of a sub
mission little short OF colonial vassalage. 10
ne xion with this pacific remedy, which viii: in
jure ourselves more than il can possibly harm O.
Tiers, the establishment of manufactures among
us has been recommended. Considering the con.
dition Of our climate, SOIL and population, regard
this as quite rs sensible and consoiing a remedy
rs the proposition would have been to fathers,
during the Revolution to have resisted the tea tax
by cuitivating this plant in hot houses hroughou,
our country.
Gentlemen, after oil. we MUST come back TO Mr..
Jcflersop's plain, PRACTICAL and downright priB-
cipIc, az our "rightfui refnedy"-a nuihc Atom
by the State, either ia its Legislative capacity. or
by Convention Of the People, in their sovereign
u of the "uIiauthorized ACT" You will natural
iy ask, what then Will not dissolution Of the
Union inevitably follow say, unhesiatingly,
No, without our opponents should so will it. IL
ia true, upon tic Tariff being declared null and
void. within limits, one OF thee courses will
be open to the General Government, either 10 sub
init to mode OF redress by leaving US to ourselves
under hope that solitude will bring repentance
and submission {; by an appeal TO Convention oil
the STATES, orthc purpose oil obtaining dc cision
on the Constitutional questions; or by direct
cion with the bayonet. That the amount Of til
butte which this State pays, both by her consump
ton, and By the trade in her staples. Is tooimpor
tant for the FIRST alternative, Is altogether obvious
The next resource, Of an appeal 10 Convention
Of all the and Of right sHf Die e sf IA
principles which entered into the formation Of this
Confederacy. We, therefore, have a right to call
for an affirmative decision Of three four,s Of the
States in Convention, the only arbtrators we
can possibly recognize as having competent power
to decide upon the question, whether the Tariff be