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

I II. fcTt ALI th
she saw and felt also, that Of national 30
icy, Il was perfectly futile; that the country was m
way benefited by that which caused so much indivua
distress; mat was efficient only for the production
evil, and all that evil inflicted ourselves In such
case under such circumstances how did Massachusetts
dcnean hcrscli! Sir, she rcn,onsr,,ed she memorial
zeu' she addressed herself to the General Government
nor eNacuy with the consecracd energy oil passion,
but with her own strong sense, AMI the cners of
Der conviction. But she did not inerposc the
her power TO arrest the law. and break the ebar
go. Far from il. Her principles bound her to two
things ami she follow ed hc Principles lead where the,
might First submit TO every constitutional law of Con
grcss, and secondly tho constitutional validity of the
law be doubted TO refer that question tho decision
the proper tribunals Tho first principle is vain and in
| ehcciual without the second majority Of us in New
England believed the embargo law unconstitutional bu
the great question was, and always will be, in such
cases who is TO decide this! Who is to Judge between
the People and the Government And, sir, il is quito
plain, that the Constitution Of the United States confers
ON the Government ITSELF To be exercised by its appro
pirate Department., this power OF deciding ultimately
and concusvey upon the just extent Of its own au-
'horty III this had not been DONE should not have
advanced single step beyond the Old Confederation.
Brng tuy OF opinion that thu embargo law was I'm
constitutional, the People of New Eng land were vet
equally clear in the option-it matter they did
doubt npon-that the question, ahen all be decd-
ed by Tho Judicial tribunals Of the u. States. fore
those tribunals there fore, they broug ht the question
Un'er the provisions OF the law they had given bonds
TO millions in amount aud which alleged TO he
| forfeited. They suffered the bonds ia he sued, and
thu. raised the question. In the old fashioned way Of
settling disputes, they went TO law. The to
hearing, and solemn argument; and he who espoused
their cause, and sod up for them against the validity
OF the act other than that great man. Of whom
The gentleman has made honorable n en,ion, SAMUEL
DEXTER He was then, sir, in the ulness Of his know
ledge AMI the maturity Of his strength. He had retir
ed from long and distinguished public service here TO
the renewed pursuit Of professional dus; carrying
WIN lin all that enlargement and expansion, all the
new strength and force. which an acquaintance with
the general subjects di.cu,.ed in the national
councils capable of adding TO professional attainment
IN min Inft 4
was = lawyer, and he was al.o a statesman. He had
studied the Constitution, wi en- he filled public station
That he might defend il; he had examined its principles
nat he might maintain them More then all men, or
at least az much any man. he was attached to the
General Government AMI TO the Union OF tie States
His ceilings aud opinions all ran in that direction.
quc s'ion OF Cons uiona Law, too was, of all sub.
iects that one, which best suited his talents ard
learning. Aoh from technicality, and unfetered by
artificial rule such question gave opportunity for that
deep and clear analysis tia mighty grasp Of principle
which so much distinguished HE higher enJrts. Hi.
very statement, Wa" argumen'; his inference, seem.
ed demonstration. The esnsss OF hi. convc-
'i'n wrought conviction in others. One was con.
vinced and believed. and assented, because IL was
gratifying, delightful think and feel and believe in
unison with ntellsc, of such evident superiority
Mr.. DEXTER. sir, such as have described him, ar.
gued the New England causs. He pui into bis effort
s whoe heart well as all the pow OF his under
standing; for he hal avowed, l. the most public man.
ner, his entire concurrence with his neightors on the
point In t.fii-. He argued the cause IL lost and
INV England submitted. The estabi.hcd tribunals
pronounced the law constitutional, and lew Enpl,nd
acquescrd Now. air. is not this the opposite
OF the doc rne OF the gentleman from South Carolina?
Acoo ding to him. instead Of referring to the judicial
tribunals, we should have broken up the embargo by
laws OF our own; we should have repealed it, quoad
New England; Tor we had strong, pa pabc and on
rressive case. Sir bel eyed the embargo un on
si'u ional; but still, that IN tier OF OPINION and
who TO decide il! We thoughtita clear case; bu,
n"vertfeless we did not take the law into our own
hands, because did not cish 10 bring about repo
luton, nor 10 break mp the Union; fer maibt io that
between submission to tho decision OF the constituted
tribunals and revolution di.union there il no mid
die g'ound-there IL no ambiguous condition, hall allie
glance and half rebellion. There il no treason mad.
cosy And. sir, how futile, how very futile il IS 10 a!
NIT the right Of state interference. and then attempt 10
save II from the character Of unlawful resistance by
adding terms OF qualification TO the causes and occa.
sions leaving all these quail nc aons like the else itself
in the discretion OF the State Gov ernment A mus, he
clear case il said de ibera- casr palpabe case
dangerous case. But then the State is sill left at Ii
hery TO decide for hersef what s clear what is deli
berae' what is palpahle wha. dangerous. Do adjoc
tives and cpiihets avail a,y hing' Sir, the human
mind is 90 constituted, that the merits of both side,
OF controversy appear very clear and very palpa.
BILE, TO those who respectively espoue them and both
sidrs usually grow clearet rovery advances
South Ca onia sees nconstiiu'ionaliiy in the Ia
ri; sh, oppression th-re also; and she sees dar-
ger. Pennsyv ana, With vision less 81 arp looks
at tfc same TaiiH and sees no such thing in t-she
sees II all CONSTITUTIONAL all useful all SAFE The faith
OF South Carolina is by opposiion and she
now not only sees, but Resolves that The Tariff pal
Pennsylvania, not TO be behind her n-ghbor. and
equally ing TO Strengthen her faith by con-
hient a.severaioD, RESOLVES also and gives 10 every
warm affirmative OF South South Carolina. q plan
downright Pennsylvani -ga'ive South Caroline, 10
shcw the strength AMI unity tf her opiuion, brings her
Assembly 10 unaDimy, within seven votes; Penn.
yi'ania not 10 be outlone in this Ies than
oilers, reduces her disseniient fraction FIVE votes
Now, cir again ask the gentleman what's 10 be done,
Are these States both righ? il he bound to conside
them both rghI II not which is in the wrong, or ra
Their, which has the best right decide? And if he
and II |, not TO know what the Constitution me
and what IL il, till those two State Legislatures and
the twenty-five oilers, shall agree in its construct ton
what have we sworn II, when have sworn 10 main
tain IL? was iorcibIy struck, sir with on reflection
as the gentleman went on IN his speech lie quoted
Nc MSdson's resolutions to prove that Safe may
intert~re, in case Of Deliberate psphp and danger
Gus exerc'se OF power gran e.. TT honorable mem
her 'up'oso' the tariff law TO be such an exerci Of
power; and that, consequently, case has arisen in
which the STATE may, IL IL see H., interfere by it,
law Now IL 40 happen<, nevertheless that MIR. Madi-
son himself deems this Tariff law quite consiu
tional Instead Of erar and pAlpahle violation il IT,
in hi@ judgment. violation AT all. So that, while
they u'e his authority for Hypothetical they re-
jeci IL in the very case helors them. All tii, sir
shows the inhercn'-fnity--I bad almost u.cd
10 The States and then attempting secure il from
abue by imposing qualifications, OF which the States
themselves are 10 in &c. One OF two things is true
either ih; laws Of the Union beyond The discretion
and beyond The control cf The States or else we have
constitution Of General G,vrnnf n and are thrust
back again TO the days OF the Confederacy
Let me here lay, cir. that il the gentleman doctrine
had been received and acted upon in New England in
the ives the embargo End non intercourse we should
| .t..t,Is,