Southern planter., 1832-11-17


cFnmenl 70 enforce is claim Of power. Tho result
would be inevitable Before fie Judicial tribunals
ofthe country, the State must prevail; unless, in
Decd iury-iFial could be cIudcd by the refinement
Of the couri, or by some other device; which, how
ever, guarded asi . BY the rampar's Of The Con
stiiution, would, hold, be impossible. Tho At
tempt 10 elude, should j be made, would itself
be unconstitutional, and in turn, would DO annuled
by the sovereign voice Of The State Nor would
The right OF appeal TO the Supreme Court, under
the Judiciary Act, avail the General Government.
ff taken, il would would but end in a new trial,
and that in another verdict against lie CoveFHmenii
but whether il may be taken, would be optional
with the State. The court itself has decided that
a copy Of the record Is requisite 70 review iudg-
ment Of State court; and, if necessary, the State
would take the precaution prevent, by proper
actmenis, any means Of obtaining copy. But il
obtaned, what would itava against the execution Of
epena enacimens oftheSlaie, intended to enforce
the declaration Of Nulfcaiiong The judgment
OF the State court would be pronounced and eSe-
cuted before the possibility oa reversal and oxecul
cd too, without responsibility incurred by any
Beaten before the courts, the General Govern
meni would be compelled TO abandon is unc0nstl-
tonal prolensions or resort 10 force-a resort, the
difficulty Il was about TO say The impossbiliiy) Of
which would Fefy soon fully manifest ITSELF should
folly ormadnoss ever make the attempt
In considering ibla aspect Of tho controversy,
pass over The fact that the Gene al Government has
no right 10 resort lO.force against State-to co
cree sovereign member Of the Union--which, !
trust, bave established beyond all possible doubt.
Let II, however, be determined 10 use force, and
the difficulty would be nsuimouninblc; unless, in
deed, Il Be also determined 10 set aside the Consi-
tuition, and 20 subyer the system to i,s foundation
Against whom, would y be appiiedf ConRress
has, its true he right 70 call forth the militia, eto
execute The laws, and suppress insnuections." but
there would lena law resisSod-unIess, indeed, il
bp called resistance for the nnes torefhse 10 find,
4thecouristorebdeViu dqmoni, in conformity TO the
wishes ofihe Genera Goyornmens-~no resurrection
70 suppress, no armed force 10 reduce, nota sword
ansheaihed, not boypnel faisel- none, absolutely
Zone, on whom force could be used, except il be
on The undfmed ciiizens engaged, peaceably and
quietly, in their daily occupations.
NO one would be- guilty OF l,eason, ('levying
war against the UnitedS States adhering to their en-
smes, giving them aid and comfou'O or any other
crime made penal by the Constitution Or The Laws
Of The United Slates4
To suppose that force could be called in, implies,
indeed, great mistake, both as TO tho nature Of
our Government and that Of the controversy II
wonld be legal and constitutional coniest--a
epgnict Of moral, and not physical, force-a
vial Of constitutional, not military, power
70 be decided before the judicial tribunals of
me country, and not on the field Of battle. In
such contest there would be no object for force
put those peaceful Misunderstanding on which n
could be employed, but in putting down courts and
lurses, and preventing theexecuton ofiudiciat pro
cess. Leave these untouched, and al the militia
that could be called forth, backed by the regular
torce OF ion tunes the number Of our small buf ga
liant and patriotic army, could not have The slighl-
eat effect on the Teaalt Of tho controversy; but,
anbveFt these by an armed body, and you subvert
the very foundation Of this our Free constitutional
andlega system Of Government and rear in ts
place military despotisn
Feeling The force Of these difficulties. Il is pro.
posed, withthe view, suppose, Of disembarrassing
the operation, as much as possible of the trouble.
some interference Of courb and iures, to change
tne scene oFcoercion from land to waieras if the
: OoveFnmen, could have particle more riRht 10
eoeIce State BY water Than BY land; hut. unless
lam greallNdeceiyed, The difficulty on tina, elemen,
Will not 10 much less than ON the other. The ia.
rlnal,at least The local jury trial, (he ria by ihe
viclnaRe.l may, indeed, be etnded there; but. n
hs place'other and not much less formidable. oh.
siaeles must be encountered
Ihore can be but two modes Of Coercion re-
sorted 70 by waier-bockade, and abolition Of the
ports o. entry OF the stnte, accompanied bv penal
eA.S'.Non's aahof'zing seizures for entering the
writer's Of the State. If the former be n,temn,od
there viii be other parties besides the General Gov
eminent and the State. Blockade Is bellioercns
nRm- Il pFe-suppdses STATE of war; and unless
mere be war, (war in duo form as prescribed \,
mo Constiiu'ion,) the order for blockade would
not be respected by other nations or their nubnc,s
4heir vessels would proceed directly for the block.
aded port with certain prospects Of gain. II seized
under abe order Of blockade, through tho claim Of
Indemnity, against tho General GoSernment. and
not 6ya profitable market, without the eS,
action OF dnlioa.
ne other mode, the abolition Of the uorts oren.
uy Of the State, would also have lis dlIicult;es
Ihe Constitution provides that 'sno preference shaIi
0e gwen, BY any regulation Of commerce or reven.
ue 70 The ports Of one State, over those of another
nor shall vessels, bound TO or from one State be
oo'eed 10 enter, clear, OF pay duties. in ano,herr
provisions TOO clear 10 be eluded even By The force
o. olconssruclion. There will be another didic,l,v
n seizures be made in port or within The distance
assigned, BY the Laws Of Nations, as The hmits ofs
Stale, the trial must be IN the State. with ali he
embarassnenis If is courts and iuries; while. he.
yond the ports and lhe distance to which bsvs Il
ierlod, 4 would be dHicuIt to point out anv min,
c'pe oy which foreign vessel, at least, could be
selzed' except as an incident torihe right ofbocl
ade,and, oicourse, with al the difficulties bcIono
ing TO that mode ofcoercion.
Za