Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1833-02-05

collector goes to the custom house on the arrival
Off vessel or cargo, and makes demand OF the
duties. The captain refuses. and throws MN
self behind the shield Of the State OF South Caro-
lima The collector then makes his seizure
When does the President acts Not until an e.
fort is made to rescue the vessel, and the viola.
tors of the laws are about to carry of the goods.
triumphins in their success. The Constitution
lays It down that the resident is to take care
that the laws are faithfully executed. he Is
now required, to perform this duty. and u he can
not do this by any other means he Is authorized
to use the military arm Similar powers have
been formerly conferred on the Executive three
different times, as will appear bv the statn'e
book. 1t had been said this was making war on
South Carolina. IL South Carolina can justify
such oppostI0n to the laws, and u she. or any
other Of the states. should prefer the protection
of her Ordinance TO the alternative OF obedience
and union. she must lie down on the bed OF her
making But we are not to give np our laws
While the other States paying high duties, can
South Carolina, continuing member oil the
Union, be permitted to import her goods duty
free, which her entcrprIzng citizens would pour
into all the neighboring Statess Could II be ex.
pected that she would thus be permitted to set the
laws at defi,nce? The bill is not making war
on South Carolina. 1t is only to remove ohstruc-
it is a case in which the execution Of the laws is
put beyounJ the reach of the Executive; and
Congress had often given this power before.
The next clause gives jurisdiction TO the Cir
cut Court If the United States for the purposes
specified 1t was altogether defensive in its cha
racter. Mr.. F. made various references to the
Ordinance and the Replevin Act of South Caro-.
lima, to show the necessity for this section.
The third section of the Bill was defensive.
1t transfers jurisdiction from the State Courts to
those of the United States; and was intended by
judicial course to counterfeit the policy OF >.
Carolina. He could not help here remarking,
that the judicial policy adopted byS. Carolina
was the most extraordinary he ever had seen
! II had no parallel. II had become indispensable
to protect the United States officers What
does South Carolina do? She processes her will
lingness to meet this question on great judicial
principles. We are willing to meet her on that
ground and let her have fair chance, We have
our Judiciary. aud we willing to meet her
there aud try the issue. Why does she not come
here? She says we have given to our bill awrong
title. Why not bring her controversy With US
meet her. 1t is urged that the Constitution
should be amended. The Constitution provides
that this NAV be done, but not without the con.
currence of three -fourths of the States. Why.
then, should south Carolina, of herself, usurp
the right Of violating the laws and breaking
| down the CONSTITUTIONS He would like to see
this question answered. WHY had not such a
Convention been called. The Senate had been
told that there had been majority OF Congress
opposed to it, and therefore the State 0i 8. Ca
roiina had no chance of satisfaction By this con-
sti,u,ional mode. That State also passes by the
Judicial tribunal which is authorized by the Con-
s,itution to decide in matters of c0nlr0versy.-
She dares not come to thr Supreme Court. 1t
is probable that she believes in her conscience
that that Court would decide against her. be-
lieve it would Thus, when she is guilty OF these
ATTRACTIONS. she cannot amend the Constitution
| TO her wishes, because there Is maJDrity every
where against her. The Congress is against her;
all the States are against her; and il there is any
reliance on the statements in the newspapers, all
the country is against her. Now we are ready
to meet South Carolina in the Supreme Court.
and to plead with her; aud If the Supreme Court
shall decide that il is unconstitutional, we will
give up the Tariff Not State interested in
that policy, not State IN all the North and East
will offer to nullify the decision OF the Court
But South Carolina will not come and meet US
there; yet she says she will refer the controyer.
~ to the judicial tribunals. She will not come
here to our Court, but she has invited Us to come
into her Courts. Mark the jealousy which her
conduct exhibits. She ia afraid of the Supreme
Court. She Is afraid Of the Federal tribunals.
She is afraid Of herself. She will not trust her
own tribunals. The Supreme Court is to be
dragged before one Of her county Courts. where
she has taken care to have every judge and juror
sworn to decide against u.s. Would you, sir,
agree to carry a cause into any court under such
circumstances? We are graveIy asked to go in
to court for trial where all sworn against u.s.
10 all fairness this was the last mode of settling
a controversy have ever heard of. 1t shows
the deep, tn orough. and heartfelt conviction
which South Carolina feels of the injustice, and
the unsnstpinable character Of her own cause.
HoA has New Jersey acted in similar cireum-
stances! She is one Of the sovereigntes: lit.
tic sovereignty, admit, among all these great
sovrreignries, and not fit to be named with the
others She had controversy. Her Legisla-
ture took course not warranted BY the COnsti.
tuiion. 1t was brought here to the Supreme
Court, and that Court put down the Legislation
Of the State. and all the people submitted at
nncp. As they ought, TO the decision. Mafv.