Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1833-03-19

States must see the rcd; perhaps it must be felt by some
one of them. l am persuaded, all OF them would rejoice
to see every one obliged to furnish ito contribution. Ii is
not the difficulty OF furnishing them that beggars the
treasury, but the fear that others will not furnish as much.
Every rational citizen must wish to see AN effective ins;ru-
nent of coercion, and should fear 10 see il ON any other
element than the water" Here Mr.. Atkinson desired
Mr. RiVcs 10 read the whole Of the letter1 Mr.. Chair
man, Il would give me pleasure TO CRAFTY The gentleman
from Halifax, and | would do 80, IL il would not be intro
ducing eXtraneOus matter. Mr.. Jefferson was in Paris,
and the greater part OF tie letter relates to European af-
ialrs but | will assure nay friend, that l do not intend to
argue this subject like a larger, by presenting only what
Il favorable on one side, and keeping out of view every
thing on the other. | have read all that is applicable to
the subject | am discussing, and shall endeavour through
out TO perform the part Of a statesman, according TO my
best understanding OF the duties OF a statesman taking
care not 10 follow the example set me, OF appealing TO the
preJndices OF members by the use OF party %epitheiS. Sir,
i VIII not say one side Is wrong, because the " Old black
c0chGde FederdGStS approve il nor that the other l.
right, because NE aid republican pdrfy contenied for the
same doctrines. | care not whether | act with fedcralists
or republicans in coming TO conclusions SO far from be-
ing willing to draw fresh lines between them, il would be
The highest qualification to me, to see them closely united
IN the adoption OF measures for the preservation of a 90
'ethnent, IN which one OF these parties is as much in,e-
rested as the other.
have read to You what Mr.. jefferson said about the
application Of force in l1S6, and | now wish TO rive Won
an extract OF a letter to Mr.. Darlington in 1887, the year
In which the Constitution was made: My general plan
would be, to make the States one as 10 every thing CON
nected with foreign nations, and SeUeYGi as TO every thing
purely domestic. But with all the impcrtections of our
present government, it is without comparison the best ex-
'silng, or that ever did exist, Its greatest d, feet is The inn
perfect manner IN which matters OF commerce have been
provided Tor. Ii has been 80 often said, as to be generally
elievel, that Congress have no power 10y the c~oniedera-
non to enforce any thing; for example, contributions of
money. Ii was not necessary 10 give them that power
expressly they have il by the law of nature. When two
parties make a compact, there results TO each a power of
compelling the other to execute it. Compulsion was ne
yer so easy as in our case, where a single higate would
soon levy on the commerce of any State the deficiency Of
It's contributions; nor more safe than in the hands of Con-
greSs, which has always shewn that il would wait, as il
] ought 10 do, 10 the last pNtrpmitinc. hptOrc il would axa-
cute any Off powers which are disagreeabie."
mus, you see, that even under the Articles Of Con-
federation, the greatest of the great statesmen, the spos-
tie OF liberty, and the defender of the rights of man in
America. believed in the right of applying force, should
any OF the parties to the compact fail in their engage
mcnts. Let me enquire then-Can gentlemen who
claim to belong 10 the Jedersonian School, deny under
our present Constitution, the right OF Congress, or the
president, under the authority of Congress, to use force
I'M the collection OF duties on iWpOrfS2 This, thank Col
Is a country in which men can speak their minds freely;
ana say, with the most perfect confidence in The cor
rectneSs OF the opinion, that whilst | might have doubted
me TiSht under the former, l cannot question it in the
present form OF government. Yes, sir, il obstacles are
put in the way by individuals, or by States, and they
will not permit them to be removed by the Judiciary,
the Army, the Navy, and the Militia, can be constitu-
tonalIy employed for the purpose.
Mr.. Chairman, | have said enough, perhaps too much.
on this branch Of the subject; but before | commenced
me consideration OF Notification, my second proposition,
! say, and it is with regret | say it, unfortunately for this
country, there are members here, am. intelli gent members
too, who look on the Federal Government as en-na
as the Government Of an enemy: They think so much
about State Rights, they forget that it is our governments:
that te ushcred it into existence; that it is Of ourselves;
that the States are foreign one from another, compared
with the cOnneXion OF this Government with the States:
The States may stand, !. you please, as sisters, but the
General government is still nearer to the Sates-it is the
chii V me StdteS-Nh llst the People OF Virginia are
bound to give nutTiment TO one, they are not bound TO
feed the other. The General Government, then, is pro.
vided for by the promise OF the States, one to another, 10
sustain II. This being the case, il rests on the shoulders
Of all; and the failure of one might prove ruinous to the
whole.
Mr.. Chairman: | promised TO endeavor TO shew that
Notification is not a peaceful measure, but is disorganiz-
ing and revolutionary in its character. That promise !
am now ready to redeem. As / consider il a new doctrine,
and not contemplated by any of the provisions of the Con-
Carolina, insteado OF arguing on general principles. ! do
this, because she raised the question, and its absurdity tan
be better exposed, by meeting the case thathas unhappiIy
occurred, than by ~supposing one not contemplated by the
Constitution.
Sir, / shall not go into an examination of the conslitl-
tionaIity of the acts complained of in the Ordinance Of
South Carolina; for, whether | agree or disagree with
her, my argument would be the same as to utilization.
| will say, however, that am anXioue 10 see the syo.sc-
tire poGcy' ahandoned, not only for the purpose Of quiet
ing South Carolina, but Tor The purpose of hushing the
complaints of all the Southern States. There is cause of
complaint, and there will be unceasing opposition TO the
policy; bat do not believe il has operated as iniuriouslv,
as some of the most intelligent politicians think
The truth, and the whole truth, | wish TO speak on this
occasion; and ii what / utter to-day, be in conflict with
any voieS heretofore given by me, or be at variance with
any opinion expressed at any former period of my polii-
cal life, | have only to say, that, till now, a proper exami-
nation of our federal relations has not been made.
!. Mr.. Chairman, il South Carolina wished TO free herself
from the burthens OF these acts, and TO have done il in a
peaceful way, her first step was Tem0Rsirdice. IDLY, tOf
have protested against the right to pass the acts;-and,
not being relieved in this way, to have appealed TO the
judiciary TO decide on the cOnstitutionality of the laws
complained of. IL all these modes of redress failed, il
would still have been in her power to appeal to an arbiter
not a constitutional onc-but one superior to any of the
departments of goyernment,-ihe parties To the compact.
But without taking them before the judiciary, or appealing
TO the States, she has given regular notice TO the President
Of the U. States, that after the 1st day of February next,
these laws are "nul, UOid and no lar - and consequent
ly shall not be carried into effect in that State. Not only
have they done this, but they have declared "null and
VOID all judicial proceedings in relation To the same"
within The limits of the State. beg of the Senate 10 look
at tie attitude in which South Carolina is She has made
herself Judge and jury, and says to Congress, these acts
Of yours have not their proper TILES, and unless You
change the acts 10 suit the titles, before the first day Of
February next, ours Instead OF yours, "shall be the SUI
prcme law OF the lInd."-Do you call that a peaceable or
a bullying measure? Sir, tits dictation-it is saving, if
you do not make laws that are agreeable to us, we put
them at defiance: they are laws or not laws, at our wilI
and pleasure we can, by virtue OF our sovereignty, stand
on our reserved rights, and enjoy the blessings Of Union,
without bearing any Of the buIthens that are necessary
for its support. Itderanges the whole body polite; and
be complied with, unless it be brought to Tie hunilidnng
necessity of enquiring Of each State whether She will
agree TO do the thing that Congress thinks ought 10 be
done. i mean, it this doctrine Of notification is 60 be sus-
tanned, all laws OF Congress ought to be submitted
to the States for their ratification or rejection. If one
veto them, veto a law, and the others approve il, the APP
proving States must stand TO the provisions Of it., and
the other is not bound. This would be perfectly
right, ii the nulllying principle be right. For, sup
pose Congress pass a law authorizing an agent 10 Dor
row money for the government, 10 be paid at a certain
time; and the same law pointed out the mode in which the
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