Litchfield enquirer., 1830-03-18

I0%T TesCurS tue NarsnaI. with LIS posse, will come to the Collectors aid, ,and here inc contest begins. The militia of the State will be called out, to sustain the nulIfying act.- They will march, sir, under a very gallant leader; for believe the honorable member himself commands the militia of that part of the State. He will raise the MULTIPLYING ACT on his standard, and spread 1t out as his ban ner. It will have a preamble. bearing that the tariff laws are Palpable, deliberate, and dangerous violations Ofthe Constitution! He will proceed. with his banner flying, to the custom house, in CharlestOn;
 "AII the while,
 "Sonorous metal blowing martial sounds" Arrived at the custOm-hOuse, he will tell the Collector that he must collect no more du- ties under any of the tariff laws. This. he will be sOmewha puzzled so say, by the way, with a grave cOuntenence, considering what hand South Carolina herself had in that of 18l6. But, sir, the Collector would, probably. not desst at his biGding--here would ensue a pause; fur they say, that certain stiffness prccedes uhe tempest. Be- fore this military array should fall on the custom house, collector, clerks. and all. it is very probable some of those composing it., would request of their ,lant commander in chief, to be informed a little upon the point of lazy; for they have, doubtless. just respect for his opinions as a lawyer, as we'll as for his bravery as soldier. They know he has read Blackstone and the constitution, as well as Turrene and Vaubap. They WO,,ld ask him. therefore, sUmeihing concerning their rights in this matter. They would in- quire, whether it was not somewhat danger ous to resist a law of the United States What would be the nature of theIr offence, they would " ish 10 learn, if they, by military E,ros and raSiS tnA 1ho axonntiOu iy,( tnS- olina of law of the United States, and it 1 should turn out. after all, that the law ,Ods constitutional? He would answer of course, treason. No lawyer could give any other answer. John Fries. he would tell them, 1 had learned that some years ago. How thcD, 1 they would ask, do you propose to defend us? We are not afraid of bullets. but treason has way of taking people off, that we do not much relish. How do you propose tO de- 1 fend us! "LOok at my floating banner" he would reply; ''see there the nWliifying iasc /" Isityour opinion, gallant command
 CT, they would then say, that if we should De indicted for treason, that same floating 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 Iaws,"
 he would repeat, "are unconstitutional-
 paipnbly, deliberately. dangerously" That 1 ai inay he sO; bat if the tribunals should not happen to be of that opinion, shall we swing
 forit? Wcare ready tu die for our country,
 but it is rather an awkward business, this dy-
 ing without touching the ground. After all, l that is a sort of hemp-tax, worse than any
 part of the tariff.
 Mr.President,the hon. gentleman would he { in dilemma, like that of another great Gen eral. He would have a knot before him,
 which he could not unite. He must cut it with his swold. He must say to his follow CTS. defend yourselves with your bayonets; l and this is War-civil war.
 ! Direct collision, therefore bet veen force and force. is the unavoidable result of that ] remedy for the isiOn of unconstitutional 1 laws which the gentleman contends for. It 1 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 a law gener- ally, is treason. Can the courts of the Uni ted States take notice of the indulgence of a State to commit treason! The common saying, that State cannot commit treasun herself is nothing to the purpose. Can it au- thorize others to do it {? If John Fries had produced an act of Pennsylvania. annuing the law of Congress, would it have helped his case? Talk about it as we wil these doctrines go the length of revoiuton.- They are incompatible with any peaceable administration of the Government. They lead directly tS dsunion and civil commo- ton; and therefore it is, that at their com mencement. when they arc first fuund to be maintained by respectable men, and in tangible form, that enter my public protest against them all.
 The honorable gentleman argues, that ifthis Gov ernmsnt be the sole judge of the extent of its own powers, whether that right ofjudging be in Congress- or the Supreme Court it equally subvers State sove- rcigniy. This the gentleman sees, thinks he sees, although he cannot perceive how the right of iuig- ing in this matter, if left the exercise of the State legislatures, has any tendency subvert the Govern ment of the Union. The gsntleman's opinion may he that the right ought not to have been lodged with the General Government: he may like better such d constitution, 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 itseiI ask him fthe power found there--clearIy and vslby found there?
 But, sir, what is this danger, and what the grounds oft? Let 1t be remembered, that the constitution of the United States is not unalterable It is
 nue in it's present form no longer than the People who established it shall choose continue it.. 1fthey dici0us nexpedicnt partition and distribution of power, between the StaIe Governments and the Gen erai Government, they alter that distribution at will.
 Ifany thing be found in the National Constitution. either by original provision, subsequent nterpre- which ought be ia ,the people know how to get rid oft. IT. any construction be established to them, become, practically, a of the ihev will