Lancaster gazette. [volume] (Lancaster, Mass.) 1828-1830, 1830-03-23

State will be called out to sustain the mill
flying act. They will march, sir, under a
very gallant leader for | believe the hon
ourabl. member himself commands the mi
litia of that plrt of the State. He will raise the
NULLlFYING ACT on his standard and spread it ont
as his banner. 1t will have preamble, bearing that
the tariff laws are pllplb!e deliberate, and dlnge-
rons violations of the Constitution! He will pro-
coed with his banner flying to the m-house in
Charleston "AlI the while
Sonorous metal blowing martial sound"
Arrived at the custom house, he will tell the Col
lector that he must collect no more duties under
any of the tariff laws. This he will be somewhat
puzzled to say, by the way, with grave counte
nance, considering what hand South Carolina her.
self had in that of 1876 But, sir, the Collector
would probably, not desist at his bidding-here
would ensue pause; for they say that certain
stiffness precedes the tempest. Before this military
array should fall on the custom.h house, collector
clerks and all, it is very probable some of those
composing it, would request of their gallant COM
mander-in-chef, to be informed little upon the
point of law; for they hive, doubtless lust RESPECT
for his opinions as lawyer as well as for his brave
ny as soldier. They know he has read Blackstone
and the Constitution, as well as Furrenne and Van.
ban, They would ask him therefore, something
concerning their rights in this matter They would
inquire whether it is not somewhat dangerous to
resist law of the United States. What would be
the nature OF their offence, they would wish to
learn, if they, by military force and array resisted
the execution in Carolina of a law of the United
States and 1t should turn out after ALL that the law
toas constitutional
He would answer of course treason No LAWYER
could give any other answer. John Fries he would
tell them had learned that some wears aoos How
then they weuld ask, do you propose To defend us
We are not afraid of bullets, but treason has wav
OF taking people of, that we do not much relish.
How do you propose to defend us? Look at nv
floating banner" he would reply, see there the
Multiplying Law" Is it your opinion, gallant COM
mander. they would then say that if we should be
indicted for treason, that same floating banner of
yours would make good plea in bar '.South- Caro-
lima is Sovereign State" he would reply That is
true but would the Judge admit our plea +? "These
tariff laws" he would repeat, 'are unconstitutional,
palpably, deliberately, dangerously" That all may
be !; but if the tribunal should not happen to be
of that opinion, shall swing for it? We are
ready to die for our country, but it is rather an awk
ward business, this dying without touching the
ground. After ALL that is sort of henp-tax worse
than any part of the tariff.
Mr.. President, the honorable gentleman would
be in dilemma, like another great General. He
would have a knot before him which he could not
unite. He must cut it with his sword. He must
say to his followers, defend yourselves with your
bayonets 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 gen.
tleman 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 of the u
States take notice of the indulgence of State to
commit treason |! The common saying that State
cannot commit treason herself is nothing to the
purpose. Can it authorize others to dot? If John
Fries had produced an act of Pennsylvania annulng
the law of Congress, would it have helped his case
Talk about it as we will these doctrines go the length
of revolution. They are incompatible with any
peaceable administration of the Government They
lead directly to disunion and civil oomnoton and
therefore it is, that at their commencement, when
they first found to be maintained by respectable
men, and in tangible form, that enter my publck
| protest against them all
| The honorable gentleman argues, that if this
Government be the sole Judge of the extent of its
own powers. whether that right of judging be in
Congress the Supreme Court, it equally subverts
State Sovereignty. This the gentleman sees, or
thinks he sees, altough he cannot perceive how the
right of judging. in this matter if lett to the exer
else of the State Legislatures, has any tendency
subyert the Government of the Uuiun. 'I'hc-ecn-
| temans opinion may be that the right ought not to
+, have been lodged with the General Government;
he may like better such constitution 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
visbly 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 unalterable 1t is to
continue in its present form no longer than the peo-
pic who established it shall choose to continue it.
If they shall become convinced that they have made
an injudcious inexpedient PARTITION and dstribu
ton of power between the State Governments and
the General Government, theyican alter that dstri-
| button at will.
Ifany thing be found in the National Constitution,
either by orig nal provision subsequent nterpre
tatioA which ought not to be in it, the people know
how to get rid of it. If any construction be- estab
lished unacceptable to them, to become prac-
tcally part of the constitution. they will amend
it at their sovereign pleasure. But while, the
people choose to maintain it it is ;while they
satisfied with it. and refuse to change it, who has
given, or who can give to the State Legislatures a
right to alter it, either by interference construction,
or otherwise Gentlemen do not seem to recOliect
that the people have any power to do any thing for
themselves; they imagine there is no safety for
them any longer than they under the close guar
dianshp of the State Legislatures. Sir, the people
have not trusted their safety, in regard to the gener
al 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 clses 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 Govern
ments with similar power. Secondly, they have
reposed their trust in the efficacy of frequent cleo
tions, and in their own power to remove their own
servants and agents whenever they cause.
Thirdly they have reposed trust in Judicial pow
err, which. in order that it might be trustworthy,
they have made respectable, disnteres ted and
rs Independent as was practicable. Fourthly. they
have seen fit to rely, in case of necessitv or high
expediency, on their known and admitted power TO
alter or amend the constitution peaceaby and qui-
city, whenever experience shall point out defects or
imperfections. And, finally, the people ofthe Unit
ed State have at time, in no way, directly or in
directly, authorised any State Legislature to con-
strue or interpret their high instrument of govern
ment; much less to interfere, by their own power,
to arrest its course and operation.
If, sir, the people in these respects. had done
otherwise than they have done, their Constitution
could neither have been preserved, nor would it
have been worth preserving. And tits plain pro-
visions shall now be disregarded, and these new
doctrines nterpolated in it, it will become as feeble
and helpless being as its enemies, whether early
or more recent, could possibly desire 1t will exist
in every State, but poor dependant on state
49, L.. ha and will