Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1830-07-16


promulgated by the Legislature Of South Carolina
snd when know that I am chiefly indebted for the
hatterng sentiment which has just been offered, the
humble part have acted in support OF those principles
feel that should dsappoint your Just if
passed entirely over topic OF such paramount inter-
| est aud importance.
this doctrine of estate Rishts?" They are the grea,
fundamental principles OF Constitutional Liberty Tor
which our fathers fought and bled, and conquered
which were recognized, and las did iondly hope)
hrmly established by the adoption of the Constitution
the United States-and on the maintenance Of which
depend the peace prosperity aud safety Of our beloved
| country. Our doctrines are (and quote them from
political text book, the Virginia Resolutions of l79s)
that the several States
that the Constitution Of the United States is''a compact
to which the States are parties"-ha az the Federal
Government derives its existence and all Of s powers
from that instrument s act, further valid than
they are authorized by the grants enumerated 6u that
compact" and that in Of ga palpabe, deliberate
and dangerous exercise of other granted BY
said compact The States, who parties thereto haze
evil and for maintaining within their respective limits
The authorities rights, and liberties appertaning to
them The opponents Of these doctrines contend that
he Constitution was formed not by the States in their
sovereign cSpecity, but by the people collectively
hat the "National Government" being thus created
ny all the people, have right to decide, Gin the en-
| phanc language oil the great leader Of their pary)
"uf'mdhfy and cOnciusiveiy as TO the ertent Of their
Pooers, and hence results as the basis of the whole
system, the duty OF an absolute dcquieseence the
part Of the minority in the decla, ed will the MAORI
~. 1t does appear 10 my mind ''passing strange"
that any man should fail to perceive that according to
these principles. the Government of these United States
Is one great consolidated National Government--hav
ins no practical limitation s powers but the popu
lar WILL and that to talk Of estate Rights" is the
ridiculous and uDUeaning argon; is thing
lit the language of bitter and mn mocke
| ry if"a sovereign and independent Sate,' has no
right Judge ct the violations OF a compact into which
she has entered-f, when 'usurped powers" are exer
ciSed over her citizens she has right however a
grant the usurpaon, o the rogres
OF the evi'-ifthe Federal Government Che
| hmm
all its limitations. and the States bound implicitly
submit then, indeed, am yet TO learn, in what estate
Rights consist Do they consist in 'the powers not
granted, or "expressy reserved" under the Consttu.
| tion! The Federal government having the right to
decide, Ultimately and conclnsiveIy" on these matters
will to us, by their practice. that all has been given
aud reserved-ard if it be the duty Of the States
implicitly to submit "Sate Rights may ex At as an ob
sfrdcffOn, i'm the minds OF gentlemen but they exist
no where else, and tor my part, utterly una
BILE to appreciate the value OF theoretical right which
to be held at the msrcy ct another and for The
iorcement OF which there exists remedy. According
10 This doc''ne, the states have right exercise
so much power (and no more the Federal Govern
ment may think proper to leave them. and pre-
scented with the strange anomaly of "ihe creature ele
waited above is creator, the servants above their
ters IL such be the true character OF the Federal Gov
eminent, the experiment Of the security TO be derived
from written charters has already most :ignaly failed,
ana the people son whom, in the providence Of God,
has been cast the preservation OF the great
have proved recreant TO their rust and have
dered the last citadel of freedom shall not Cd to
enquire in what department of the Federal Government
this despoiism is suppo'ed TO exist The idea that the
Supreme Court is to be the safeguard of the reserved
rights OF the States, deude those only, who close
their ears TO the acknowledged fact that in of the
cases where usurped power has been exercised or il
spprehended (such for instance the Tariff Of proe
on and the appropriations Of money for Internal I'm
proven Education, Charities, Colonization E.
mancpation) the question cannot be brought be-
fore the Supreme Court according to the forms of the
Constitution, aud it ia certainly in the power of Con-
gress to frame their laws and to reguIae their
Courts as 's prevent them from interpreting to arrest
the progress OF usurpa,ion" in any whatsoever
when we cast our eyes over the map of the United
States, and behold territory OF such vast extent, in.
habied by people of such diversified pursuits and n-
teress OF habits and Of feelings can il be possible tina,
the 'w of the majority shall be practically adopt.
ed IA The rule OF Governor for all OF the parts with
out its degeneratiDg into the most odous and desola-
ting tyranny? Look at the condition Of the Sou
states having the system OF sidoery so interviewer with
their institutions that touch the subject is to
involve them in ruin; and depending upon foreign
kets for the sale of their valuable produc tions Can
be believed, that the wise and patriotic men who re
PRESENTED the South i'm the Convention which framed
the Constitution, would have consented in our behalf
TO sign n bond by which il 10 be submitted a
majority OF the people, what is more, a majority OF
their Representatives in Congress assembled whe he
OF industry remain unchanged, or whether we might
he deprived OF both under the operation of Acts oil
Congress based upon vague notions of the genera
weliare?"
Gentlemen, in the presence of this respectable as.
sembly, and in the face OF my country, declare my
solemn conviction, that the acknowledgment of the
mine The limits IF its o,on po,cers, amounts to recog
milton OF its absolute supremacy the States and the
people, and involves he sacrifice only Of
est rights and Interest," but the very existence of the
Southern States and il, by the blessing Of Heaven
we sball yet little while avoid the fate which i'm
pending over surely destined to meet it,
"as the sparks fly upwards" In my view Of the actu.
| al condition OF your affairs, without undertaking 10
determine what else il may become you DO, or to
orbear0 it is absolutely and indispensaby necessary
10 give your brethereD in other quarters OF the Union
distinctly TO understand, that will acknowJ.
edge the right claimed for the Federal Government,
in either all of its departments, TO de eide utimaeIy
aud conclusively 10 the extent OF its own powers;"
that you will consent to substitute the will OF
majority for the Constitu on recognize unconsiu
onal acts OF Congress- the supreme la OF the land
That viewing the Constitution a compact prescrib-
ing limits to the Federal Government, the State of
South Carolina Of the parties TO that compact
in its sovereign capacity, claims the right "to Judge of
its iDfracon ;''and that whilst she will at all time. Weld
a ready and cheerful obedience to all laws made elm
pursuance of the Constitution she claims the right to
hold to be utterly null and void, all such . clearly
violate the reserved rights OF the States Let these
principles be maintained, and your rights may he pre-
served. The day that you surrender the M and acknowl
edge the will of the majority, declared in the acts
OF Congress- TO be the supreme law, will have
rendered the glorious privileges of freedom TO put the
yoke upon your neck', 10 iasten manacles upon
your own, and the hands of your children
der your valuable possess ions without strugg e and
TO put Yourselves and all that you possess
the mercy Of those, who though Standing You in the
relation, and calling themselves your "brefhren" have
in the eager pursui, Of their peculiar interests,
turned deaf year TO your loud Inconsistencies mock
ed Al your complaints and manifested an utter disre-
gard Of your feelings your rights and your interests