Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1833-01-31

! %, the People, bu lor the purpose OF putting GOWN
the righ,u act OLA sovereign and independent
member Of the Confederacy. This, sir, said Mr.
NJ is to be the grand panacea by which the gen
tleman from Tenn. proposes to cure thr evils ne so
much apprehends or the first of February next ?
! And what were hey Z There nothing in South
Carolina that had not occurred in many other instan-
ces in other parts ofthe Union. There had nothing
been done 10y S. Carolina that he OF any other midi.
| vidual had not q rig ht to do. South Carolina had
said that the tariff laws were unconstitutional,
and that SHE would not obey them. |, said Mr.,
| NJ. have right to do the same, when beileye
| law to be subversye OF my rights and IN violation
of the Constitution. And will gentlemen, sad he,
in this las, ease vote for bill TO arm the Presden
with the whole force of the country to make war
upon ny If deny the acton Of the Government,
according 10 my contraction OF the Constitution.
and take my gun In hand or my ba'ileaNe, ana
defy the officers of the United States, do SO at my
own peril 1t will be for the civil authority, not
the military, 10 decide the quesnn.-south Carroll
ma has as yet not done that much, and yet gentle
men, in anticipation of such an event, are about to
make war upon her. Let the gentleman from
Tennessee procure repeal or modification OF the
tariff laws, and that will do more TO cure the evil he
dreads than The panacea he so highly recommends
! Mr. VI said he did not rise TO enter INTO the merits
Of the bill before the Senate but TO express his utter
! asonishment that the Senator from tennessee
should suppose that this bill could accomplish Tue
object he had in view. lie was not then prepared
to say how Ear South Carolina would oe sa'ishe"
! by modification of the tariff that was not the
subject under discussion but this much he wooio
say that the measure proposed by the Judiciary
COMMITTEE and commended by the Senator IRON
Tennessee, could be productive of no good i's
| h,l oil at tho pitGeu
the civil above the military power Pass this b.u,
sir, said Mr. NJ authorizing the President, If he
cannot act by the ordinary tribunals, to act with on
armed force, and you at once put the military a
bpve The civil power. This, then, Is the way. IN
the opinion Of the Senator from Tennessee, TO OBJ
vinto the difficulties by which we are threatened.
Sir, said Mr.. M the only way is to abaic the nut
s9eer--to r. peal the unjust aud unconstitutional
i legislation by which we are oppressed, and tins
| Viii superscde any of State authority.
There was one thing Mr. NJ. said, he would adj
vert to while he was up. He had seen among the
documents accompanying the Presidents message,
one that was described test oath act. He was
surprised at this as he knew that no act, bearing
! TIA, ,it'le, had passed by the Legislature of
south Carolina, aud he was gratfed 10 sec, among
he papers in the message to dag, AN authentic copy
gf lie act referred To whose title is different from
/ iltl urSfflncI III IN" ID'n'T 'ntSsASt, hltt FHU'
part Of the documents pfintedhesewth. What was
the character Of That act might bc seen from tue
ccs.ifed copy now the files of the Senate. II
was this:
Thr people Of South Carolina, in their highest
soyere'e IN character had pissed an ordinance &c
clat'ng TINT every officer OF the State shall swear
to respect his constitution aud laws End the act
rccr,c 10 was passed in pursuance OF the high au-
/ Apry thus given. la no case, said VIZ. VI. could
! i b, considered test oath ret II Was not iniel.
led for every citizen ofthe STATE, bat for those CIT
! Ems who held Offices under II. Tn Staie SIMPLY
required oil the AGENTS in her pay 10 TAX an oath 10
support her laws and slr,Said Mr.. VI II they have
not Il right to pass law 20 make thclr own officers
and AGENTS obey them, would not give brass far
thing tor State rehls. This, sir, sad MI. M, IS
the nature Of the act and yet Ii is called by the Pre-
! si1ent a test oath act. Was this oeth more test
han thai taken by every Senator nj the Secretary 5
! table 2 or essentially different fIom that taken by
the officers ofthc Government We swear 10 sup
port the constitution OF the United states, and yet
+ this is 10; considered "a test oath. What course;
asked Mr.. NJ, does the General C;oyer1meu, pur.
sue when It's officers refuse or neglect 10 obey lis
mandates The moment, said Mr.. NJ That an L
n,ted Sits officer refuses 10 obey the vii Of the
axcculivo lie is dismissed from Office Wihout cer-
emony with or without having taken oath.
There was no prescription, Mr.. M. added, in the
net of South Carolina. The ordinance, added Mr.
/ W., was passed bv the people of the State IN their
! highest sovereign capacity, was part OF the Con
sttulon of the Statr, and every man when he takes
Office under the State is rightiuily required To
swear that Re will support her constitution and
when the ordinance itse.f came before the Senate,
Nh NJ. said he would be- prepared to shew that the
oath 10 supper, it did not conflict with the ohliga-
ton 10 supper; Inc Constitution of,he United States.
Theta was, however, one part oil the ordinance
+ winch n III be- suppD, d to conhicl with the Con
,,,t4ton ot tha uufted States l. is that which de-
ors the raht of the Federal Cour, to review the de
I cisions Of The State Court. The ordinance, howe
yer in this only was intended to operate on the
state officers and did not command resistance 10y
force To the dccrecs and nyoceedIngs OF the Federal
! Court it was passlve-the agents OF the state
we're simply required not to act. But, sald MI.
NJ it will be recocccd that the 18th section OF the
Judiciary act which gives this right to review was
believed, by many OF the best informed, and II he
ms,ool not, 10y the President himself, to be uncon-
slitutonal and therefore null and VOID.
Mr. NJ further said, that when the Ordnance OF
South Carolina came before the Senate, he would
not only be prepared to show that il Was not con
trary to the Constitution of the United States, bot
that was not contrary alleged, TO the Constltu-
tion of South Carolina 1t was absurd, he SAID, to
pretend that the Ordinance conaicted with the Con
st,uton of South Carolina 1t was framed by the
people ofthe State, in Convcntion-ln their highest
sovereign capaciiy-and consequently a part of the
Constitution Itself and repeal of all parts con
hictng with its provisions.
With these preliminary remarks, called forth by
gentlemen who had preceded him IN debate, and
withou, pretending TO enter into the merits of the
bill ne would content himselfUy stating that he
would vote for the longest day named. lie was IN
favor of harmonzing the country. lie was not for
secession nor was he for disunion. When Con