Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1830-12-03
SOUTH CAROLINA


S,ates. il would be consoing to believe, that our
oy, Government was free from 1T. The Gov
ernment Of the United States is one OF complex
character, requiring much virtue In the rulers,
a, much intelligence in the people, to keep 1t In
harmonious motion.
No one denies that Congress is the limited re-
preventative of the people. But that Limitation
seems to be but mere illusion, and vanishes so
soon as power to execute any given purpose IS
wanted. 1t is doubted whether any power can
be Imagined, TO which Congress NAV not aspire,
under the loose Interpretation now gwen to the
Constitution. 10 time of peace, the General
Government has but few powers or duties to exc
cute Yet Congress seem to prefer doing mis-
chief, rather than doing nothing.
Under the power to borrow money, they
lain the RIGHT TO 90 into debt for that which they
Lave no right to buy. Under the power to regu
late Commerce, the right to destroy it, is Affirm
cd And the advocates Of the restrictive system,
in his State and out of maintain the Proprlety
of the total prohibition of those articles which
are the objects of protection.
The great question which has agitated this
country for the last fourteen years, Is, has Con
qress the power to tax all other branches OF do
nestle industry. in order to give the proceeds to
the manufacturers of certain articles! The IN
Justice of making, by law, one man pay to sup
port another, is so apparent, that the right to DO
so ought to be manifest. before it is asserted
more Important power was not given to the
General Government, and yet 1t was expressly re-
fused by the convention which formed the Con-
su,ution. A very large portion OF the people OF
this country think that Congress has not this pow
er Your predecessors have denied its existence.
Or of the exercise Of IT. some very difficult ques-
tons arise.
If the mower does not exist in the Government to
impose Tariff. the law upon first principles, is
void. IfCongress can constitutionallylay tax up
ON the farmer for the benefit of the manufacturer,
then he has no legitimate cause Of complaint. 1t Is.
one of the grievances incident to the social COM
nact. But if such right adoes not exist, 1t IS
most sacred duty which the farmer owes to him
self. not TO submit to that which Is not binding
mon him. That an unconstitutional law Is not
b,,nd;ng. is a truism no one will deny. As the
Representatives of the people, you have taken
am oath to support, protect, and defend, thesCon-
sti,ution of the United States. Your solemn du-
~ can be performed only by fulfilling this grave
undertaking. lfCongress pass law, violating
the sacred instrument, you owe 1t to your con-
sciences, your country, and yourselves, to do
eyery thing which this oath imposes you--He
who believes the laws of Congress, imposing
protecting duties, unconstitutional, Is under a
reasonable means to relieve the country from the
cumbrous sin of such legislation. Many do not
distinguish between the obligation they owe to
the Constitution and to law OF Congress LII
the law be M conformity to the Constitution, the
oath 81, Joins obe, ieuce II contrary ~ tne Constl-
tn .on. then the oath commands lance.
II would be the merest desDot,,m on earth,
were the government so formed, as TO compel
every pubic officer to take an oath, the true OBJ
servance of which would make him criminal
Hence, every public functionary has right, an
,,e, the pro,ection of his own conscience, to DISC
hey an Unconstitutional law. Upon this ground
alone. judges have the most unquestonable right
to declare such laws imperative and void. No
one will deny that the judicial authority, when
e,;,d ON to enforce the Tariff laws, might,lf they
thouuht thu unconstitutional. refuse to sanction
them, Their oc,,SatiOns to the Constitution, are
higher than to the laws.
'rbe Judges and Jures of the coiatrv, who be-
Geye the Tariff of protection unconstitutional,
would be bound to resist them. 1t the judicial
,leDartment may do so, how much more may a
Convention of the pop,e, who could exercise all
legislative, judicial, and executive powers? The
precise effect Of such proceeding by "a COnven-
ton. NAV be the subject Of difference: but that
the right in the abstract does exist. none but the
advocates of passive obedience can deny. This,
as practical right, is not to be sperted with, nor
asserted every day. Nor ought you to suffer
those who believe in the benefits and constitu-
tionaIity Of the restrictive system, to mslead and
di, ide those who think differently. Let your
principles be sound; value not names. ReprOach-
ful names are considered Legitimate in party po-
li,ics. The disunionist Of the present day, was
the rebel Of l776-the democrat Of 1893, and the
radical OF 1924. In South Carolina. he Is among
that class Of politicians. who concede to Congress
e,erv power. except to make freemen slaves, and
slaves freemen.
II is incident to every Government topreserve
;ts exteuce. IL Congress has the right to pass
on its own power, have you. The people
must elect which they will obey, when concur
rent jurisdictions clash.
Respect, ON your part. for the laws Of Cougres,
is a matter of political duty. When you clear
ly perceive. lnwe,r~. thai the norsi properties
which have a. intrinsic ciaim t0 respect do net