Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1830-03-12


teal coed. fit for any country to live under. To
avoid all possibility OF being misunderstood, allow mo
to repeat again. in the fullest manner, that claim
powers for the Government by forced unfair con-
sruciion admit. that il is Government of strictly
limited powers; Of enumerated, specihed, and par,ic
ulared powers ard that watsoever is not granted is
withheld. But Notwithstanding all this and however
the grant OF powers DO expressed its limit and
tent NAV yet, in some admit Of doubts and the
General Government would be good for nothing, il
would be incapable Of long existing if mode had
not been provided. in which those doubts, as they
should arise, might DC peaeeaey but authoritavely,
solved
And now, Mr.. President. let me run the honorable
gentlemans doctrine little into it, practical applica
ton. Let look at his probable piodus operandi. III
thing be done, ing~ NOUS tell hotc it
is TO be done. Now, wish to be informed, hoD this
State interference is TO be put in practice We will
take the existing Of the tariff law South Caro-
ma is said TO have made up her opinion upon il. IL
do not repeal it, Gas we probably shall no) sheIw then
apply to the case the remedy Of her doctrine. She
wi we must suppose, pass law Of her Legislature,
declaring the several acts OF Congress- usually called
the Tariff Laws, null and void far they respect
South Caroliua, or the cizens thereof So far, all is
paper transaction, and easy enough. But the Col
lector at Charleston, is collecting the duties imposed
by these tariff laws-he, therefore must be stopped.
The Collector will seize the goods If the tariff duties
not paid The State authorities will undertake
their rescue; the Marshal, with his posse, will
the Collectors aid, and here the contest begins The
militia Of the State will be called out 10 sustain the
multiplying act. They will march, sir, under very
gallant leader for, believe the honorable mber
himself commands the militia of that part Of the State
He will raise the MULTIPLYING ACT his standard,
and spread ii out as his banner. 1t will have pream-
ble bearing that the tariff laws are palpable deIihe
rate and dangerous violations of the Consitu ton He
will proceed, with this banner flying TO the custom
house in Charlesior;
.aHthe uhie,
:" sOaOrOas metal 6io,cng martial sosnds."
Arrived at the custom house, he will tell the Col.
iecfor, that he must collect more duties, under any
OF The tariH laws This, he will be somewhat pux-
zed TO say, by the way, with = grave countenance
considering what hand South Carolina herself had in
that of 1916 But sir the Collector would, probably
al Iis dino her nu1b
Tor they that certain stiffness precedes the
pest Before this military array should fall the Gus
tom-hor'e, collector, clerks and ALL very probable
some Of those composing il, would request of their gall
liant Commanderin Chief, TO be informed little upon
the point of law; for they have. doubtless, just
sPcct for his opinions as lawyer well for his
bravery AS a soldier. They know he has re adj Black
stone and the Constitution, as well as Turren ne and
Vauban. They would ask Kim, therefore. some hine
concerning their rights in this matter. They would
inquire, whether it not what DANCE rous to re-
sst a 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
ton in Carolina Of law Of she United State and il
should turn out, after all, that the law c0nstif-
hondH He would answer, of course, treason No
lawyer could give any other John Fries, he
would tell them. had learned that some years ago
How them they would ask. do You propose 10 defend
US? We not afraid OF bullets. but treason has a
way of taking people off. that do not much relish
How do you propose 10 defend us! Look at my float
ing banner, he would reply; see there the nulfy-
ing ld,o'' Is il your opinion, gallant Commander
they would then say, that il should he indicted for
treason, mat some Heating banner OF YOURS would
make good plea in barr South Carolina is a sove-
reign State" he would reply. That's ,rue but would
the Judge admit cur piea' These tariff Iaws," he
won II repeat, are NEUTRALITY-SUSPICIOUS. de-
lberately, dangerously" That all may br so; but if
the Tribunals should not happen to be OF that opinion
shall we swing for il! We are ready 10 die for our
country; but it s rather awkward business this dy-
ing without touching the ground. After ALL that is q
sort of hemp-tax, worse than any part of the tariff.
Mr. President, the honorable gentleman would be IL,
a dilemma, like that of another great General He
hP nj
tie. He must cut ii with his sword He must say TO
h followers defend yourselves with your bayonets
Direct collision, therefore, between force and force
is the unavoidable result of that remedy for the reyi
sion of unconstitutional laws which the gentleman con-
tends for II must happen in The very first case TO
which il il applied. Is not this the plain RESULT To
resist, by force. the execution Of law generally Is
treason Can the courts of the United States take no.
ce of the Indulgence of a State 10 commit treason2-
The saying, That State cannot commit trea-
herself is nothing to The purpose. Can it author
ze others do IL! II John Fries had produced an act
of Pennsylvania, annulns the law OF Congress- would
it have helped his case: Talk about it will,
these doctrines go the length OF revolution They are
incompatible with any peace able administration OF the
Government They lead directly disunion and civil
commoon; and, therefore it is. that at their com
pncemenf, when they are first found to be maintain
ed by respectable men, and in tangible form, that
enter my public protest against them all.
| The honorable gentleman argues, That il this Gov
ernmen. he the sole Judge OF The extent OF its own
powers whether that right of Judging he in Congress-
the Supreme Court, equally subverts State
reignty. This the gentleman sees thinks he sees,
although he cannot perceive, how the right Of Judging
in this matter, il LETT 10 the exercise Of State Legisa-
turcs has tendency TO subvett the Government of
the Union. The genrlemans opinion may be, that the
right ought not to have been lodged with the General
Government; he may like better such Constitutions
as we should have under the right OF State inerer.
ence; but ask him to meet the the plain matter of
fact-I ask him TO meet on the Constitution itself
ask him. If the power Is not found e-cearIy and
visiby found ihete?-NoTE 8.
But sr, what is this danger and what the grounds
Of IL? Let il be remembered, that the Constitution of
the United States is not unhlferabls lie continue
in its FORM longer han the People who
iabshed II, shall choose TO continue IL. II they shall
he rome convinced that they have have made Dj,t-
dcious xpedien partition and di'tbuon Of pow
er, between the State Governments and the General
Government, they can alter that distribution at will
II any thing he found in The National Constitution
either by original provision, subSeguent interprea-
lion, which ought not be in IT, The people know how
get rid Of it, n any construction be established
acceptable 10 them, TO become" practically, part
OF the constitution, they will amend it, at their
vereign pleasure. But while the people choose 10
mainsin IT, IL is, while they Satisfied with IL, and
refuse TO change IT, who has given, who give 10
the State Legislatures right TO alter II, either by in.
reference construction OF otherwise? Gentlemen do
do any thing for themselves; they imagine there no
safety for them, any longer than they under the
close guardianship OF the State Legislatures Sir, tho
peopIe have trusted their safety, in regard the
general Constitution TO these hands They have re-