Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1833-04-15


(ncludnr ot course proceedings IN tho courts OF
the United States, shall be null and roid THIS
nullihcs the judicial power nj the United States
Then comes the test oath act This requires ali
State Judges and jurors ~ the State courts 10 swear
that they will execute the ordinance, and all acts OF
the Legislature passed IN pursuance thereof The
ordinance declares, that no appeal shall be allowed
from the decision ofthc State courts to the Supreme
court Of the United States and the rcplcylu act
makes !, an 'nd,ctablc offence for any clerk Ia fur
nsh copy of the rcco,d, for the purpose OF such
appeal
The two principal provisions on which South
Carolina relies, to rcs,spthc laws OF the United
States, aud nullfy the authority of tins Govern
ment, are, ,heictorc these
/ A iorciblc seizure of goods, before duties are
paid or secured by the power OF the state civ and
military
| , The taking away, by the most rilcctua means
| in her power of all legal redress III the courts OF
the United States the conhning all judicial pro
ccc,inrs to her own State tribunals and the com
pellins of the Judges and jurors OF these her own
courts To take oath, beforehand, that they Will
decide all cases accordng TO the ordnance and the
acts passed under II that rs, that they VAL decde
the cause one way. They oo not swear 10 frg II,
on lis own merits they only swear W "to'"' ~ oS
4 notification requires.
/
comment Their object is as PLAIN as then means
are extraordinary. Thry propose ducci resistance,
! by the whole power Of the state, 10 laws ct Con
gress, nnt cut Oh, by the methods deewtd "de-
quite any redress Ivy legal aud ludicrd authority
They arrest legislation, defy the Executive, AMI
| baRiM the judicial power OF TINS Government
! They authori1c and command acts 10 be done ana
don, BY force both of numbers and OF arms, which,
If done and done by ioicc, arc clearly ac'sol tbei
lion and treason.
! Such sir, are the laws OF South Caroula such,
sir, Is tho pcaccabIe remedy OF uuli'ceuon. Has
not nulli6ca,ion reached, sr even shus early, that
point Of direct and iorclblu resistance l." I1", |"
which animated, thru, years ago, u .'!anly Tend
cd9
| And now Mr. President what ~ the rcnson iu1
! n,ss,o, hvs Like thesel What the oppros.
! sinus cxpcrcnccd, under the Union, calling i'f
measures which thus threaten TO sever and destroy
IT w 1t missions Of public liberty, what RAJ"
to private hAppn, IS, what long list "l rights '"'a'
ed or wrcn.s unrtdresscd, Is To JUSTIFY |" 'o
country To postcrty, md 1" ihc world, ms ASSAULT
npon tina free constitution ofthc United Sncs this
! great and glorious work OF our fathers AT lh'5I
very moment, SIR the whole land smiles ~ pence
an relocos in plenty A general and h'sh p'o'
pority pcrvadcs the country ana, Juuoh'@ ny "'e
i common STANDARD hy increase OF population and
/ , H.
Of her people not embarked III these dangerous ana
desperate measures, this prosperity ovefspfeao5
/ South Cmolnn herscli
Thus, happy at home, our country, ut the same
tine holds high the character OF her institutions,
her over, her rapid growth ANA hcI in''"r des''
ny IN the eyes of all foreign States Onc oWp@cr,|
/ only creates hesitation, one doubt only cKls5i l"
daken the ct ,erwls' moloulcd brightness OF TINT
aspect which she exhibits u the view, ana to me
admiration, OF the world Ncodl say, maj that
doubt respects the pcrmancncy OF our Union ana
need SnV that TINT doubt 10 caused, more i'an
/ by any thing else, by these very proceedings o.
South Cmolina2 Sir, all itW"Pc Is, AZ ms mo
men, bcholdmg u.s. and looking for the issue OF
ms controversy those who hate fee institutions,
with malignant hope those who love t"cm, "aA
doep anxiety and slnvcrm1 fear
The cause. then. SIR the cause Let the world
know the cause, which, has thus induced one State
of the Union to bid defiance TO tie powG olthc
whole, and openly To talk OF secession.
Sir, the wold will scarcely believe that the
whole controversy, and all the dcspvialc measures
which its support requires, have no o'h'f i"uHh'
! ton :han II Il. "nrcncc ofopInion, upon provision
of the constitution, between majority OF the poo
| pic of South Carolina, on one side, anu vast ma
! ory of the whole people OF the UnItcd states, CA
the other 1t viii not credit the foct IL WIN hot
admit the possibility, that, IN an enlightened age
in free popular republic, undera Government
where the people govern, they must always
govern, under such systems, by mJontics, at
time Of unrre lcnt.d happiness without p'ncica
! oppression without evils such Us may not only
be pretended but felt and experienced cviIsr mol
Sill hi or temporary, but deep, permanent ana IN
! toerabc II slnglo State should rush into conhici
! with all the rest, attempt 10 put down inc power
of,hc Unioo by her own laws. and to support those
| laws by her military power, ana mus pfeah up o,u
destroy the worlds last hope. Aud well the
] world NAV be ncrcJuous We who see ana hehr
! it, can ourselves hardly yctbe''cvc H. Even aiIcf
ell that had PRECEDED II, THIS ordinance struck the
country with amozement. 1t was incredible and
! incouce,vable, that South Carolina should thus
plunge headloug into resistance to the laws on
matter of opinion and on a question IN which the
prcpondcrance ofopluIon, both of the present Gay
md Of pas, time was so overw helmlngly against
her The ordinance declares that Congress has
exceeded its Just power, by laying duties on I'M
norris intended for the protection Ut manufactures
:! This is the opinion of South Cafolina and on
the strength Of that opinion she n1IIihcs the laws
Yet has the rest of the country no right TO lis opIn-
ION also IL one State 10 sit sole arbltress she
maintains that those laws arc PLAN, deliberate, ana
papnblc violations ofthe constitution that she has
a sovereign right to decide this matter, and that,
having SO decided she IS authorized 10 resist iheir
execution by her own sovereign power ana she
declares that she will resist Vt, though such ress'
lance should shdtcr the Union into atoms
Mr. President, do not intend TO discuss tie pro-
priety Of these laws, at large; but win ask, how
are they shown to be thus plainly and papably
unconstitutional Have they no countenance, at
all in the constitution i,sef} Are they quite new
in the history Of the Government Are they
sudden and violent usurpaton on the rights OF the
States Sir what will the civilized world say,