The Massachusetts spy, and Worcester County advertiser. [volume] ([Worcester, Mass.]) 1825-1831, 1830-03-17


was long continued palpable, she thought it,
as no words in the Constitution gave the power,
and only construction, in her opinion, most
violent, raised it; dangerous it was, since it
threatened utter ruin to her most important in
lerests Here, then, was a Carolina case. How
CID Massachusetts deal with it, 1t was, as she
thought, plain, manifest, palpable violation of
the Constitution; and il brought ruin TO her
doors. Thousands of families. and hundreds of
thousands of individuals, were begsared by it.
While she saw and felt all this, she saw and
ieit, also, that, as measure of national policy,
1t was perfectly futile that the country was
no way benefited by that which caused SO much
individual distress; that it was efficient only
for evil, and all that evil inflicted on ourselves.
In such case, under such circumstances, how
did Massachusetts, demeaE herself? Sir; she
demonstrated, she memorialized, she addressed
herself to the General Government, not exactly
"wiih tho concentrated energy Of passion"
but with her own strong sense, and the energy
of sober conviction. But she did not interpose
the arm of her own power to arrest the law, and
break the embargo. Far from it. Her princi-
Piles bound her to two things; and she followed
her principles, lead where they might. First.
to submit to every constitutional law of Con.
gress, and, secondly, if the constitutional valid
lty of the law be doubted, to refer that question
to the decision of the proper tribunals. The
first principle is vain and Intellectual without the
second. majority of us in N. England believe
the embargo law unconstitutional; but the great
question was, and always will be, in such cases,
who is to decide this? Who is to iudre be.
tween the People and the Government And.
sir, it is quite plain, that the Constitution of
the United States confers on the Government
itself, to be exercised by its appropriate Depart
ment, this power of deciding ultimately and
conclusively, upon the Just extent of its own
authority. lfthis had not been done, we should
not have advanced a single step beyond the Old
Confederation.
Being fully of opinion that the embargo law
was unconstitutional, the People Of New Eng
land were yet equally clear in the opinion-it
was a matter they did doubt upon-that the
question, after all, must be decided by the JiI-
dical tribunals of the United States. Before
those tribunals, therefore. they brought the
question. Under the provisions of the law, they
had given bonds, TO millions in amount, and
which were alleged to be forfeited. They suf.
fered the bonds to be sued, and thus laised the
question. In the old fashioned way of settling
disputes, they went TO law. The case came to
hearing, and solemn argument and he who
espoused their cause, and stood up for them
against the validity of the act, was none other
has made honorable mention, Samuel Dexter.
He was then, sir, in the ful'iness of his knowl-
edge and the maturity of his strength He
had retired, from long and distinguished public
service here, to the renew ed pursuit of profess
s;onal duties; carrying with him all that en-
largement and expansion, all the new strength
and force, which an acquaintance with the more
general subjects discus sed in the national coun-
ellis, is capable of addin to professional attain
ment, in mind OF rue greatness and compre-
henson. He was a lawyer, and he was also a
statesman. He ha6i studied the Constitution.
when he filled public station, that he might de.
fend it; he had examined its principles, chat
he might maintain them. More than all men,
or at least, as CHI as any man, he was attach
ed to the Genera Government and to the Union
ofthe States. His feelings and opinions all ran
in that direction. A question of constitutional
law, too, was, of all subjects, that one, which
was best suited to his talents and learning
Aloof from technically, and unfettered by arti-
ficai rule, such question gave opportunity for
that deep and clear analysis, that mighty grasp
of principle, which so much distinguished his
higher efforts. His very statement, was argu-
ment; his inference, seemed demonstration.
The earnestness Of his own conviction, wrought
conviction in others One was convinced, and
believed, and assented, because it was crafty
ing, delightful to think, and feel, and believe,
in unison with an intellect of such evident supe-
riority.
Mr.. Dexter, sir, such as have described him,
argued the New England cause. He put into
his effort his whole heart, as well as all the
powers OF his understanding for he had avow-
ed, in the most public manner, his entire con-
currence with his neighbors, on the point in dis
pnte. He argued the cause. it was lost and
= 1
bunaIs pronounced the law constitutional, and
New England acquiesced. Now, sir, is not this
the exact opposite Of the doctrine Of the gen.
teman from South Carolina? According to
him, instead of referring to the Judicial !rbu-
nails, we should have broken up the embargo,
by laws of our own; we should have repealed
it, quoad New England for we had a strong,
palpabe, and oppressive case. Sir, we believed
the embargo unconstitutional; but, still, that
was matter Of opinion, and who was to decide
it? We thought it a clear case; but, never
theless, we did not take the law into our own
hands, because ace did not 1oish 10 bring about
recOiuti0n, nor, to break mp the Union for |
maintain, that, between submission to the de.
cision of the constituted tribunals and reyolu-
ton, or disunion, there is no middle ground
there is no ambiguous condition, half allegi-
ance and half rebellion. There is no treason,
made easy. And, sir, how futile, how very futile
it is, to admit the right of State interference,
and then attempt to save it from the character
of unlawful resistance, by adding terms of quail
ification to the causes and occasions, leaving all
these qualifications, like the case itself in the
discretion Of the State Governments. 1t must
be clear case, it is said a deliberate case; a
palpabIe CASE dangerous case. But then the
State is still left at liberty to decide for herself
what is clear what is deliberate what is palpa.
be, what is dangerous. Do adjectives and cpl
thets avail any thing Sir, the human mind is
so constituted, that the merits of both sides of
controversy appear very clear, and very pal
lable, to thosc who respectively espouse them ;
ard both sides usually grow clearer, as the con.
trorersy advances South Carolina sees uneon.
titu tionality in the tariff; she sees oppression
III s.e also and she sees danger Pennsylva-
mia, With vision not less sharp, looks at the
same tariff, and sees no such thing in it-she
sees II all constitutional, all useful, all safe
The fai, h o. South Carolina is strengthened by
oppositio. 4, ard she now only sees, but Resoloes
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