Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1830-03-05


to be called Government! No, sir. 1t should not
be denomnated Constitution 1t should be called |
rather collection OF topics. for everlasting contro-
versy heads OF debate fora disputatious people 1t
would not be Government. 1t would not be nde-
quac TO any practical good, fit for auy country
to 1--we under. To avoid all possibility of being mis-
understood, allow me to repeat again. in the fullest
manner, that claim powers for the GOVERNMENT
by forced unfair construction admit Thai II ia
government of strictly limited powers; of enume
rated, specified, and particular powers; and that
whatsoever is not granted is withheld. But notwith-
standing all this and however the grant of powers
may be expressed its limit and extent NAV vet. in
some cases, admit Of doubt, and the general govern
ment would be good for nothing, it would be incapa-
bic OF long existing, if some mode had not been pro
vded in which those doubts. they should arise,
might be peacefully, but authori:ativeiy, solved
And now, MIR. President, let me run the honorable
gentiemans doctrine little into its practical arpica-
ton Let us look ut his probable n,odus operandi
Ii thing can be done, an ingenious man can tell
ho,o it is to be done. Now, wish to be informed.
hoo this State interference is be put into practice
we WI take the existing case of the tariff law.
South Carolina is said to have made I'D her opinion
upon IT. live do not repeal it. (as we probably shall
not) she will then apply to the case the remedy of
her doctrine. She will, we must suppose, pass law
of her Legislature, declaring the several acis of
Congress usually called the Tariff Laws, null and
void so far as they respect South Carolina or the
citizens theHeof. So far all is paper transaction
and easy enough. Bat the Collector at Chalest on
Is collecting the duties imposed by these tariff laws
he therefore must be stopped. The Collector
will seize the goods if the tariff duties are not paid
The State authorities will undertake their rescue
the Marshal, with his posse, will come to the Colec-
tor s all, and here the contest begins. The militia
OF the stnte will he called oni, sustain the nufy
ing act They will march, sir under gallant lead
er; Tor believe the honorable member himself COM
ranks the militia of that partbf the State He will
raise the nuHyytnS act on his standard, and spread
1t out as his banner It will have preamble bear
ing that thetar:R LAWS are papabe, deliberate and
dangerous violations of the CONSTITUTIONS, IIe will
70 bo \
| IN Charlcston;
| can the while
"Sonorous metal blowing martial sounds
Arrived at the custom house, he will tell the Calico
tor that he must collect duties under apy OF
the tariflaws. This, he will be somewhat puzzled
to say, by the way with grave coun,enance cons;d
erng what baud South Carolina herself had in that
OF 1876 But sir, the Collector would probably not
desst Mt his bidding-here would ensue pause: for
they say that certain stiffness precedes the tempest
before this military array should fall on the custom
house, collector, clerks, and ALL it is very probabe
that some of those composing it, would request of
their gallant commander In chief, to be informed lit
tie upon the pon of law; for they have doubtless a
Just respect for his opinions LAWYER, as well as
TOR his bravery as soldier They know he has read
blackstone and the Constitutions as well as Turrene
and Vauban. They would ask him therefore some-
tnihg concerning their rights in this matter They
would enquire. whether it no. dangerous to re-
sst a law of the United States. What would be the
nature OF their offence, they would wish to
learn theyby military force and array resisted the
u.
1t would turn out, after ALL that the law ,cas const;t
-s'cnaH He would answer, of course treason. No
lawyer could give any other answer. John Fries he
would tell them had learned that years ago.
how then, they would ask, do you propose to defend
us We are not afraid of bullets, but treason has a
I way OF taking people off, that do not much relish
: s1ow DO you propose to defend us? "Look at my
floating banner" he would fepy: sssee there the ui
lying1 a,o'" Is it your opinion gallant commander.
they would then say, that if we should be indicted
Ior that same floating banner of yours would
MAKE good plea IN bar? "South Carolina is a SOW
ereign State he would reply. That is true. bur
would the Judge admit our peas "These tariff laws
ne would repeat, ''are Observation-Disclosures de-
iloerately dangerously" That may be So hut if the
shall swing for ite We are ready to die for ou1
country, but 1T Is rather awkward business this
dying without touching the ground. After all, this
Is "a sort OF henptaN, worse than any part OF the
| MIR President, the honorable gentleman would be
IN dilemma like that of another great General
ne would have knot before him, which he could not
unite Iemust cut it with his sword He musf saw
to his followers, defend yourselves with your bavo,
nets and this is war-ciy;l war
Direct collision, therefore, between force and force
is inc unavoidable result of that remedy for the re-
vision of unconstitutional laws which he oentlen,an
contends for. 1t must happen in the yerv first case
70 winch 1t is applied Is not this the plain result?
10 resist by force, the execution of law generally
IS treason Can the Courts of the United States
take notice of the indulgence of State to commit
treasoH Can it authorize others to do it3 IF Jobn
FRIES had produced an act of Pennsylvania annullino
tne law OF Congress, would it have helped his caseY
lax about 1t as We WILL these doctrines 70 the length
OF revolution They are incompatible with any peace
able administration of the Government. Thev lead
directly TO dsunion and civil comnotion; and there
torc II is That at their commencement when thew are
nrst iound TO be maintained by respectable men and
In tangible form, that enter my public protest
against them ALL
The honorable gentleman argues that if this Cow
eFnmen be the sole Judge of the exten, of its own
powers, whether that right ofjudging be in Congress
or the Supreme Court, it equally subverts State Sow
ereignty. This the gentleman sees. or thinks he
sPes altnongh h. cannot Perceive how the rgbi of
Iudgin" IN this iflet to the exercise of Sote
iegisiatures has any tendency subvert the Gov
eminent of The Union. The gentlem1n's opinion
may DE that tn" right ought have boon lodp ed
sIch constitution should have under the riobt
OF Sate interference; but ask him to meet me on
LMC nlaln nlnftcr nE Enct- 1911 -