Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1830-03-02

nj
,;rs are moi paid. Tie State authorities WIN
undertake their rescue; the Marshal, WIN DIS
,o..s will come 10 the Collectors aid, ana
here the contest begins. The militia ., me
S,a,e will be called out, TO sustain the no''"y"e
act. They aill march, sir, undef very ger
Ian, leader: fyrI lieve the honorable "e""e'
himself commands the militia VI '"a' par
Of the STATE. He will raise the NuLLiff-
ING ACT on his standard, and spread IL out %
his banner. 1t will have preamble, bearing
that The tariff laws are pa?able, deiloerate' anu
dangerous violations Of the Constitution! ne
will proceed, with this banner flying, 10 Inc
custom house in Charleston;
"aI the whi'e,
"sonorus metal blowing martial sounds
Arrived at the custom house, he will tell the
coIlcctor that he must collect no more du'les
- ,drr auy Of The Tariff laws. This, he will be
somewhat puzzled 10 say, by the way, with
grave countenauce, considering what hand
South Carolina herself had in that OF 1876
But, sir. the Collector would, robably, not de-
sisr at his biddiug-here would ensue pause;
for they say, tha, certain stiffness preeedts
the tempest. Before this military array should
fall on the Gus on house, collector, cieiks, ana
all il is very probable some Of those composing
it, would request OF their gallant commander
in chief to be informed little upon the point
OF law; for they have, doubtless, JUST rrs?ec'
for his opinions as lawyer, as well as Tor MS
bravery as a soldier. They know he has read
Blackstone and The Constitution, as well as
Turrene and Vau5an. They would ask HIN,
therefore, some hing concerning their rIsh hts IN
this mater. They would inquire, whether II
- as no, some what dangerous 10 resst a law Of
the United States? What would be the nature
Of their of; nee, .bey would wish 10 learn, II
,hey, by military force and array, resisted the
execution, in Carolina, Of law OF the United
States. and il should turn out, after all, that the
l,w uas Constitutional He would answer, of
course, treason. No lawyer could give any
other answer. John Fries, he would tell them,
had learned that some years ago. How then,
they would ask, do you propose to defend Us!
We are not afr aid Of bullets; but treason has
way of taking people of, that we do not much
relish. How do you propose 10 defend us!-
e Loot at my floating banner, he would reply.
" see there the nuEfviug ia,o" Is it your OPT
MON, gallant commander, they would then say,
tina, il we should be indicted for treason, thai
same floating banner Of yours would make a
good plea in bar? "Sourh Carolina is a sose-
! reign State" he would reply. That is true;
bu, would the Judge admit our plea! "These
,ariff.laws," he would repeat, A." are uoconsti-
tu,ional-palEably deliberately, dangerously"
That all may be so; bnt 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 i is rather an awkward business,
this dying without touching the ground. At
ter all, that is scr, of hemp, worse Ikan
any part Of the Tariff.
Mr.. President, the honorable gentleman
would be in dilemma, like that Of another
great General He would have a knot before
him, which he could not unie He must Cut
it with his sword He must say to his follow
ers, defend yourselves with your bayonels aud
this is war-civil war.
Direct collision, therefore, between force and
force, is the unavoidable result of that remedy
for the revision OF unc ,iturional laws which
the gentleman contends for. IL must happen
in the first case to which i, is applied. Is not
this the plain result? To resist, by zee, the
execution Of law generally, is treason Can
the Courts Of the URied States take notice Of
the indulgence Of STATE to COMM, treason?
The common saying, tina, State cannot com
nit treason herself, is nothing to the purpose.
Can il authorize others to do it! IL John Fries
had produced an &C, Of Pennsyls ania, annulling
the law OF Congress, would il have helped his
case? Talk about j, as we will, these doc rines
60 the length Of revolution. They ale iacom-
pa'ible with any peaceable administration Of
the Government. Tney lead directly TO disu
Mon and civil commo,ion: and therefore it is,
that at their commencement, when they are
first found 10 be maintained by respeci able
men, and in a tangible form, that enter my
public protest against them ALL
The honorable gentleman argues, tina, il this
Government he the sole judge OF the rxren, Of
it. own powers, whether that RICH, Of Judging
be in Congress or the Supreme Court, i, equal
ly subverts State sovereignty. This the gen
tleman sees, or thinks he sees, although he can
not perceive how the right Of judging, in this
matter, If left to the exercise Of State Legisla-
lures, has any tendency to subvert the Govern
ment Of the Union The gen,leman's opinion
may be, that the right ought not to have been
lodged with the General Government: ne may
like better such Constitution, as we should
have under the RICH, Of Stale interference; but
ask him to meet me on The plain matter Of
fact-l ask him 70 meet me on The CONSTITUTION
i'self-f ask him if the power is not found
lhere-clesrly and visibly found there -
NoTE 5.