Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1830-03-09


gent'eman's proposition, IL will be proper to consider
what the fair Interpretation OF that resolution, to which
Mr. Madison il understood have given his sanction.
As the gentleman consirurs il, il is authority for
m Possibly. he may not have adopted the right
struc,ion That resolution deciares, that in the Of
me dangerous ersretse o(pcsrers. not granted by the
arrest the progress Of the epiL But how inerpose.
and what does this deca,a All pnrpor1 Does il mean
no mere than that there may be extreme cas- es, in
which the people, in any mode Of assembling, may re-
sist patton, and relieve themselves ON tyrani-
cal government! No Re will deny this. Such rcsis-
lance is not only acknowledged to be just In America,
but in England also. Blackstone admits a much, in
the heory AID practice too OF the English constitution.
We cir, who oppose the Car, a doctrine, do deny,
that the peosle may IL they choose throw eff any gov-
eminent when II becomes oppressive and inolera
and CT a better il, its sead We all know, that civ
IL in ttuons established Tor The public benefit and
that when they to answer the ends of their exis-
'ence they may be changed. But do not undersard
the doctrine now Intended for to be that which, for
the sake ofdsnctness may call the right Of revo-
Flution understand the gentleman TO tain that
without revolution. without civil comnotion, without
rebellion, remedy for supposed abuse and ransgres
zion OF the OF the General Government, lies in
direct appeal TO the interference of the State Govern
ments-t Mr.. Hayne here He did not CONTEND he
sad Tor the mere light OF revooon but for the right
oil constitutional resistance. What he maintained was
that in case OF plain, papabe violation of the constu-
ion by the General Government State may nterposs;
and that this inerpo iion i. coa.Ii utiona MIR Web
'ter resumed: So sir, understood the gentleman, and
am hapy TO find that did OF msunders tand him.
What he contends Tor IL, that il j. Constitutional
tcrruYt the Standardization OF the in the
hand. Of those who chosen and swen TO administer
II, ny The direct n,erierence III form OF w. OF the aeS
in virtu. oil their sovereign capacity Tie inherenr
right IN the people TO r-iorm their government, do
deny; aud they have another right and that il. TO
resist uncon-iimtoI al laws without overurning the
Government IL is no docr.ne e mirc that ncon.ti-
tn onal iws bind The PEOPLE. The great question l.,
cOsc preyOgare is IL to decide the co1,sf tuition
atty uicorastitutionalify Of the la,rs? o.. that
the main debate hinges. The propositions that in case
OF suppo'c' violation ofte constitution by Congress-.
the States have constitutional right 10 Interfere anf
annn the law Of Congress, is the proposition of the
gen,lem 'n:I 90 adi, it. II the gentleman had in
tended no than TO assert the right Of revolutions
Tor nsiabe cause, he would have said only what all
agree to. g.: cannot conceive that there be
middle course, between Submission 10 the laws, when
regularly pronounced coas'i,utouaL thc .s-.a
and open resistance, which is revolution REBEL
oa TIE other. say, the rigs OF State annul law
Of Congress -annot be maintained, but the ground
OF the unaienabe right - man 10 esst oppression
that is to say, upon the ground Of rev.'on- admit,
that there is an ultimate violent remedy, above the
constitution, and in defiance OF the constitution, which
may he resore to- when revolution is to be justified.
But do not admit that, under the constitution and in
conformity with it, there i. any mode In which State
government, as raber OF the Unon can interfere
and step the progress OF the Geperal Government by
orce OF her own laws, under any circumstances what
ever
This leads US TO inquire into the origin of this Govern
mcnt, and the so OF its power Whose agent il.
ist the creature OF the State Legislatures, the
t'c OF the People: If the Government of the u States
be the agent OF the State Governments then they may
control it, provided they agree in the Of
trolling it, il il is the agent of the People then the Peo-
pie alone can control it, restrain it, modify reform it,
ts observable enough that the doctne for which the
honorable gentleman contends, leads him the necessi
y OF maintaining, not only that this General Government
is the creature Of the States, but that is the creature
OF each Of the States severy; that each NAV assert
Che power for itself, of determining whether it acts
within the limits Of its authority Ii is the servant oS
four andtweNy masters, OF different wills and different
purposes; and yet bound TO obey all. This absurdy
or seems no iess) arises from misconcepton 10
tfie origin OF tins Government and its character Ii
U.s. sir, the Peoples Constitution, the Peoples Govern
nen made for the People; made by the People; and an
swcrable to the People. The People of the u States
have declared that this Constitution shall be the Sprem
Law We must either admit the proposition or dispute
Their authority. The States unqucsonabIy SOVEREIGN
so lar as Their sovereignty is not affected by this supreme
law The State Legislatures, political bodies however
sovereign are yet not sovereign the people So far
as the People have given power the General Govern
ent' SO lar the grant is unqesonabIy good and Co
Vernnen holds OF the People, & of the State Govern
ments We are all agents Of the same supreme power
the People The General Government and the State Go.
yernments derive their authority from the source
Neither can, in relation 10 the other be called primary.
though one definite aud restricted, ard the other &c.
neral and Iesiduaty. TIL National G1veTnmen possess.
es nose ptwer' which can be Shown the People have
conferred on II, and 4 the rest belongs To
the State Governments the People them elyes-
30 lar az the People have restrained State sovereignty
nY me expression 81 their w in the Constitution OF
he u States, 30 Tar, il mut be admitted, State soye.
reigniy Is eTecuay controlled do not contend ,I,t
II ~ or ought TO be, controlled farther. The sentiment
10 winch have referred, propouTffs that State sove-
feigmy IS only 10 be controlled by its feeling Of
Inuce That s 10 say, IL Is TO be controlled az All
or one who IL TO follow his feelings under no le
gal cohro'. Now, however men may think thj, ought
70 De, me Tact E that the people of the United State.
nave chosen TO impose control State sove mites
The Constitution has ordered the matter de rentIy on.
what THIS opinion announces. To make war, for in
stance IL an exercise OF Sovereignty; but the Con sttu
ton declares that no S;ae shall mike war 70 cola
money IS ARCHER exercise OF sovereign power; but no
State Is at liberty to coin mon.y. Again. the Constitu
ton says, That no sovereign State shall be so
as 10 make treaty. These prohibitions 4, must be
confessed, are control, the State Sovereignty Of
South CdroliEa, well as of the other State. which
does not arise from her feelings of honorable -
lice such an opinion, therefore is in defiance of the
piaines' provisions OF The Constitution.
There are other proce edings OF public bodies which
have already been alluded TO, and 10 which refer A.
gain Tor the purpose Of ascertlning fully what i,
the length and breadth of that doctrine dcnornnated the
Carolina doctrine, which the Hon. member has now
stood up on his floor 10 maintain. IN OF them 4
Ind II resolved, that the Tariff Of 1929 and every o.
Their Tariff designed promote branch Of industry
al the expense OF others, il contrary the meaning aud
intention OF the Federal compact; and such dan
gcrou', palpaple, and deliberate usmpaiou Of power
by determined majority, welding the General Gov.
ernmen beyond tts limits Of it, delegated powers a,
calls upon the States which compose the suffering mi.
nority in their sovereign capacity 10 exercise the now
ers which, as sovereigns, necessarily devove upon
them, when their compact Is violated"
Observe, sir that this resolution holds the Tariff of
1928, and every other tariff designed to promote one
branch Of industry at the expense OF another TO be
such dangerous, paPabIe and delberse usurpaon Of