The Massachusetts spy, and Worcester County advertiser. [volume] ([Worcester, Mass.]) 1825-1831, 1830-03-17

. "s soloier. ihey Know he has read Black
I stone and the Constitution, as well as Turenn
I and vaubGn. They would ask him, therefore
something concerning their rights in this mat
ter: They would inquire whether it was no
somewhat dangerous to resist law of the u
: states What would be the nature OF the of
renee, they would wish to learn, ifthey, by mil
= tary force resisted the execution in Carolina O
law OF the United States, and it should turr
out after all, that the law aoas constitutional
tic would answer, of course, treason. Nc
lawyer could give any other answer. join
FRIES, he would tell them, had learned tha,
some years ago How then, they would ask
do you propose to defend us We are not afraid
OF bullets, but treason has way of taking peo.
pie off, that we do not much relish How do
you propose to defend us? "Look at nv float
ing banner" he would reply, see there the
multiplying ldao." Is it your opinion, gallant
commander, they would then say, that if we
should be indicted for treason that same float
ing banner of yours would make good plea in
bar. South Carolina is Sovereign State. ),
he would reply. That is true, but would the
Judge admit our plea? "These tariff laws"
ne would repeat, care unconstitutional palpa.
I BILE, deliberately, dangerously" That ali may
! be so but if the tribunals should not happen to
be of that opinion, shall we swing for it? We
are ready to die for our country, but it is rather
an awkward business this dying without touch
ing the ground After all, that is sort of
hemp-tax worse than any part of the tariff
| Mr. President, the honorable gentleman would
be in dilemma, like that of another great Gen
erai. He would have knot before him, which
ne could not unite. Flo must cut it with his
sword. He must say to his followers, defend
| yourself with your 6ayonets; and this is war
civil war
Direct collision, therefore, between force and
force, is the unavoidable result of that remedy
for the revision of unconstitutional laws which
the gentleman contends for. 1t must happen in
the very first case to which it is applied. Is
not this the plain result To resist, by force,
the execution of law generally, is treason
Can the courts ofthe United States take notice
of the indulgence of State TO commit treason?
The common saying that state cannot commit
treason herselfis nothing to the purpose Can
! it authorize others to do it If John Fries had
produced an act of Pennsylvania, annulling the
law of Congress, would it have helped his case?
Talk about it as we will, these doctrines 90 the
length of revolution. They are incompatible
| with any peaceabe administration of the Gov.
eminent. They lead directly to disunion and
civil cDmmotion and therefore it is that at
their commencement, when they are first found
to be maintained by respectable men, and in
tangible form, that l enter my public protest
against them all
The honorable gentleman argues, that ifthis
| Government be the sole Judge of the extent of
its powers, whether that right of judging be in
Congress, or the Supreme Court, it equally sub
verts State sovereignty. This the gentleman
! sees, or thinks he sees, although he cannot per-
ceive how the right of Judging, in this matter
J if left to the exercise of the State Legislatures
has any tendency to subvert the Government
of the Union The gentleman's opinion may
be that the right ought not to have been lodged
with the General Government; he may like
better such constitution, as we should have
under the right of State interference but ask
him to meet me on the plain matter of fact-I
ask him to meet me on the constitution itself
| | ask him if the power is not found there
clearly and visibly found there
But, sir, what is this danger and what the
grounds of it Let it be remembered, that the
constitution Of the United States is not unalter-
able. 1t is to continue in its present form no
longer than the people who established it shall
choose to continue it. IL they shall become
convinced that they have made an iniudicious
| or inexpedent partition and distribution ofpow-
err, between the State Governments, and Cen
eral Government, they can alter that distribu-
| ton at will
If any thing be found in the National Consti-
tuition either by original provision, or SUISSE
uuent Interpretation, which ought not to be in
III
construction be established, unacceptable TO
them, so as to become practically, part of the
constitution, they will amend it at their own
sovereign pleasure But while the people
choose to maintain it, as it is; while they are
satisfied with it, and refuse to change 1t who
| has given, or who can give, to the State Legis-
latures right to alter it, either by interference.
construction, or otherwise Gentlemen do not
seem to recolect that the people have any pow
err to do any thing for themselves; they mag
| inc there is no safety for them, any longer than
they are under the close guardianship Of the
| State Legislatures. Sir, the people have not
trusted their safety, in regard to the general
| constitution, to these hands. They have requir-
ed other security, and taken other bonds.
\ They have chosen TO trust themselves first
TO the plain words of the instrument, and TO
such construction as the government, itself, in
doubtful cases, should put on its own powers,
under their oaths of office, and subject to their
responsibility to them, Just as the people of
State trust their own State governments with
similar power,
Secondly, they have reposed their trust in
the efficacy of frequent elections, and in their
own power to remove their own servants and
agents whenever they see cause. Thirdly, they
have reposed trust in the judicial power, which
in order that it might be trust worthy, they
have made as respectable, as dislnterested, and
as independent as it was practicable. Fourthly,
they have seen fit TO rely, in case of necessity
or high expediency, on their known and admit
s.I ro"vr, TO alter or amend the constitution
peaceably and quietly, whenever experience
shall point out defoe.s or inlperreotinns And
finally, the people Of the United oratvS h.~.ss3
no time in no way, directly indirectly, au-
thorized any State Legislature to construe or
4 interpret their high instrument Of government;
much less to interfere, by their own power, to
arrest its course and operation.
J If, sir, the people in these respects, had done
otherwise than they have done, their Constitu-
, ton could neither have been preserved, nor
, would it have been worth preserving. And if
+; its plain provisions shall now bo disregarded,
. and these new doctrines interpolated in it, it
. will become as feeble and helpless being as its
0 enemies, whether early or more recent, could
, possibly desire. 1t will exist in every State,
Q but as poor dependent on State permission.