The Massachusetts spy, and Worcester County advertiser. [volume] ([Worcester, Mass.]) 1825-1831, 1830-03-17
WHOLE NO. e972.

that this General Government is the creature
of the States, but that it is the creature of each
of the States severally; so that each may assert
the power, for itself, of determining whether
it acts within the limits of its authority. tits
the servant of four-and-twenty masters, Of diff
ferent wills and different purposes; and yet
bound TO obey all. This absurdity, (for it seems
no less) arises from misconception as to the
origin of this Government, and its true charac-
ter. II is, sir, the peoples constitution, tho
! peoples government; made for the people;
made by the people; and answerabe TO the
people. The people of the United States have
declared that this Constitution shall be the
supreme law. We must either admit the prop
osition, or dispute their authority. The States
are unquestionably sovereign, so far as their
sovereignty is not affected by this supreme law.
/ The State Legislatures, as political bodies.
thowever sovereign, are yet not sovereign over
the people. So far as the people have given
power 10 the General Government, so far the
grant is unquestionably good and the govern
ment holds of the people, and not ofthe State
Governments. We are all agents Of the same
supreme power, the people. The General Gov
eminent and the State Governments derive
their authority from the same source Neither
can, in relation to the other, be called primary
| though one is definite and restricted, and the
| other general and residuary. The Nationa!
| Government possesses those powers which it
can be shown the people have conferred on it,
and no more. All the rest belongs to the State
/ Governments or to the people themselves. So
far as the people have restrained State sove-
reignty by the expression of their will in the
constitution of the United States, SO far, it
must be admitted, State sovereignty is effectu-
ally controlled do not contend that it is, or
ought to be, controlled farther. The sentiment
to which have referred, propounds that State
sovereignty-is only to be controlled by its own
" feeling of justice - that is to say it is not to
be controlled at all; for one who is to follow
his own feelings is under no control Now,
however men may think this ought to be, the
fact is, that the people Of the United States
/ have chosen to impose control on State sove-
/ reignties The constitution has ordered the
matter differently from what this opinion an
nounces To make war, for instance, is an ex-
ercise of sovereignty !; but The constitution de-
clares that no State shall make war. To coin
money is another exercise of sovereign power;
but no State is at liberty to coin money Again,
the constitution says, that no sovereign State
shall be so sovereign as to make u treaty.
These prohibitions, it must be confessed, are
a control, on the State sovereignty of South
Carolina, as well as Of the other States, which
does not arise " from her own feelings of hon.
orable justice" Such an opinion, therefore, is
In defiance of the plainest provisions of the
constitution.
There are other proceedings of public bodies,
which have already been alluded TO, and to
| which l refer again for the purpose of ascer-
taining more fully, what is the length and
breadth of that doctrine, denominated the Caro-
lima doctrine, which the honorable member has
now stood up on this floor to maintain In one
of them find it resolved, that g the tariff of
Is2S, and every other tariff designed to pro-
mote one branch of industry, at the expense of
others, is contrary to the meaning and intention
of the federal compact; and, as SUCH danner=
ous palpable and deliberate usurpation of DOW.
er, by determined majority, welding the
General Government beyond the limits of its
delegated powers, as calls upon the States
which compose the suffering minority, in their
sovereign capacity, to exercise the powers
. which, as sovereigns, necessarily devolye upon
them, when their compact is violated.
Observe, sir, that this resolution holdsthe tariff
OF 1873, and every other tariff, designed to pro-
mote one branch of industry at the expense of
another, TO be such dangerous, palpabe, and
deliberate usurpation of power, as calls upon
the States, in their sovereign capacity, to in.
terfere by their own power. This denuncia-
ton, Mr.. President, you will please to observe,
includes our old Tariff of 1916, as well as all
I others because that was established to pro-
mote the interest of the manufactures of cot
ton, to the manifest and admitted injury of the
Calcutta cotton trade. Observe, again, that all
the qualifications are here rehearsed and charg.,
ed upon the tariff, which are necessary to bring
the case within the gentleman's proposition.
The tariff is a usurpation; it is a dangerous
usurpation it is a palpable usurpation it is
deliberate usurpation 1t is such usurpa-
ton, as calls upon the States to exercise their
right of interference. Here, is cnse, then,
within the gentlemans principles and all his
qualifications of his principles. 1t is q case for
action. The Constitution is plainly, danger.
ousy, palpably, and deliberately violated and
the States must interpose their own authority
to arrest the law Let US suppose the State of
South Carolina to express this same opinion.
by the voice of her Legislature That would
be very imposing, but what them Is the voice
of one State conclusive? 1t so happens. that
at the very moment when South Carolina re-
solves that the Tariff laws are Unconstitutional.
Pennsylvania and Kentucky, resolve exactly
the reverse They hold those laws TO be both
highly proper, and strictly constitutional. And
now, sir, how Goes the honorable member pro-
pose to deal with this case? How does he pot
out Of this difficulty, upon any principle of his
His construction gets US into it how does he
propose TO get us out
I In Carolina, the tariff is palpable, deliberate
vsurpation Carolina, therefore, may nullifv Il.
}and refuse to pay the duties In PennsyIva'
ma, It is both clearly constitutional, and highly
expedient; and the duties are TO be paid And
yet, we live under a government Of uniform
I laws, and under constitution, too, which con-
tains an express provision, as it happens. that
all duties shall DO equal in all the States Does
not this approach absurdity
ifthere be no power 80 settle such questions.
independent Of either of the States, is not The
whole Union rope of sand.' Are we not
thrown back again, precisely, upon the old Con.
! federation?
1t is too plain to be argued. Four-and-twenty
interpreters Of constitutional law, each with \
power to decide for itself, and mono with an.
thority to bind any body else, and this constitu-
tional law the only bond Of their Union
What is such state Of things, but a mere con.
nexion during pleasure, or, TO use the phrase
ology Of the times, during feelinn9 A IL.