Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1832-10-09
&,citieal.
Judge Barbour's Reply to the Shocco Springs
IN. e. Meeting.

NV L. IhSettUg.
FRxscArr, Sept. 9th. 1882.
GxsrLEMEx-I have received your letter OF
the 25th uitimo, enclosing certain Resolutions
adopled at political meeting, held on that day,
at Shocco Springs, Warren county, n. Carolina.
In conformity with one Of those resolutions,
you ask me 10 state nv sentiments In relation to
The Pro,ecfire .Susfsn, Internal improvement.
the Bank of the United STATES. and Nut.fea'
tion.
Whilst I should be altogether unwilling to
ob,rude nv Opinions in regard to political quss'
TONS upou the publ, avn equally 10th to With
hold them, when thus publicly aud explicitly
called upon 70 express them | therefore, with
out hesitanc,, proceed to answer the enquiry
understand the Committee 10 ask what my
opinions are. not by what process OF reasoning
have been led To adopt them.
First, then, as to the Protective System, oy
which mean the laying OF an impost, not to
raise revenue, for the sake OF revenue, but to
support domestic manufactures against foreign
competition. l am decidedly and utterly opposed
10 the whole system, upon the various grounds
Of its being in violation Of the spirit Of the Con-
stitufion, and being unjust, unequal and otppres
sjve in its operation. I enclose two Speeches de
iivered by me, on this subject, in the House Of
Representatives, the FIRST in 1890, aud the other
in 1894, in which you will see my views at length,
on all these grounds.
Next in order is the subject Of Internal In
ptovement. consider that whole system. when
attempted to be executed by Congress. whether
in the form Of constructions. or appropriation by
toay of subscription, to whai - 10 be constructed
b1 others, as Unconstitutional, az highly inexlr-
dient, aud as calculated to undermine the indie
pendence Of the States and the virtue OF the
People, in q struggle for the spo,ls OF the Urea
sury. NV views at large upon this subject will
be exhibited in twu Speeches now enclosed. de-
livered by me in the House of Representatives
the one in 1918, aud the other IN 1880.
The Bank of the United States, Is the next
subject. Besides the objection to this upon the
score Of expediency, particularly the mighty
power arising from the cencen tration in an or
gsnizcd form Of countless millions Of dollars,
consider this as being altogether beyond the con.
stilu,ional competency Of Congress.
The latitude OF construction, which would
bring this within the pale Of the Constitution,
wnuld, in my estimation, utterly destroy all
those restrictions and reservations which make
the Federal government, a limited one. Aud
feel that do not state the case too strongly,
when l say that 1t resolves itself into a question
between supposed convenience to the public
~ the administration of the finances, and the
character Of the circulating medium, and the
creation Of a power by the Government, which
may sooner or later. become stronger than the
Go,ernmen, itself. The Journals Of Congress
will shew. that when the present Bank was char
tered in 1916. l voted against 1t.
The last spbIect embraced in the resolutions,
is that Of Nul. fca'ion.
1 understand this term as meant to import the
right of the several States, by interposns their
sovereign power, to declare void, within their
hnr,l layN ,kh ich thpyI ma
unconstitutional.
Thus understanding it. l am opposed to it
! will eudeavor briefly to state my ductrine upon
the subject. In general, when question arises
whether an act OF Congress is constitutional OI
not, it belongs to the Judicial Department TO de-
eide it; because, IN general, the question arises
in case, either in law. or equity, that is, in q
controversy between parties, which had taken
shape Cor judicial decision.
But when the questIon is one Of political po,ce,
that is between the Federal Government and the
State, whether the former has invaded the reser
we'd rights Of the latter, hold that questions oil
this kind do not belong to Judicial cognizance. -
That the people Of the States are parties to the
Federal Compact, in their character Of Sfates.-
That the Constitution has not conferred upon
the judicial Department any political power what.
ever. That therefore. IN relation to questions oil
this character, there Is no common umpire; and
that consequently. the States must decide for
themselves. This 10 the right, but what is the
remedyl NV opinion is, the only rightful remedy
Is that Of secession. The argument which at
temps TO nathan the right Of one State to Null.
fy. and thus to suspend the operation ola Law
passed according to the forms Of the Constitution,
unit three-tourths Of the States act under the
clause providing Tor amendments, seems to me,
to De based upon this error. That in every case
OF contested power, the question is, what does
the Constitution grant as II now iss Whereas
uader On amendment proposed, the question al
wsys Is, no, what the CONSTITUTION now is. but
what it shall hereafter be
have sand. that hold the right of the States
TO secede, Blu, this right | consider as the last