Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1833-02-21
The JTrgiMia Legislature.
HOUSE OF DELEGATES.
MR.. BERaY,s spEror
De9'rered duriag the late debate on Federal Re.
iaiions.

@sAr@ o6SAA = SPEECH,
Def're'ed du'iag the late debate on Federal Re-
iaiions.
MIR. Chairman presume we all here A.
gree in one object at least, thatis, 90 preserve
the Cnion-wc all desire n possible TO ar
rest South Carolina IN her mad and DANCE rou,
career,-wc only differ rs to tie means of
checting these purposes.
object To the report and resolutions Of the
seiect committee OF 81, ma the general, and
m detail. object TO them in the general. be-
cause their whole tendency is to take sides W nh
South Carolina, and against the President.
ia this important and deeply asita,inc
question; TO put South Carolina ai,no., in tL.
right, aud TO put the President decidedly i'm
the wrong. On this question I think. m all
essential points, the President is in the RIGHT
and South Carolina i dee idcdly in the wrong.
and AN satisfied that this will be the yer-
dict of the people OF Virginia.
The report ard resolutions arc deficient in
perspicuity, simplicity and forcc-and are
wen calculated to mislead the people of 5.
CAROLINA, and the people Of Virginia also.
object TO the iih resolution, because I
consider II TO be circuitcus and Indirect
mode of declaring the tariff laws unconstitu-
tional.
Is this House prepared 20 declare in broad
terms that the tariff laws arc unconstitutional
presume not. The powers Go regulate COM
merce, and 10 lay imposts or duties are given
TO 'ongress by the Constitution OF the United
states, without limitation or restriction, ex-
cept that tho duties shall be uniform through
out the United States. These powers may
be abused, and If gentlemen think that they
have been abused, II is well to saw So But
this circumlocution tends to produce the same
effect upon the people, as the general declara-
f,rx., h. a. -
What is the Legitimate consequence il the Ia
riii laws arc unconstitutional, The conse-
quence is, that those Ia VS. arc absolutely void.
and our citizens will next be told that they
are not bound by those laws.
Can those who supported the embargo law
oil MIR. Jefferson, law which suspended all
commerce, say with any consistency, that
the present tariff laws, which only impose re-
strictions upon particular branches Of com
mercc, are unconstitutionalp The abuse of n
clearly given power, docs not make the cxer-
cise OF the power unconstitutional. Congress
might abuse the powers Of declaring war, of
raising standing army or navy, but that
would not make the exercise of those pow
ers unconstitutional. II Congress should ex-
ercise power not vested in them by the
Constitution, the act would then be unconsti-
tutional, and the Judiciary Department would
pronounce the act void. II Is needless how
ever, for me 10 argue this question, IL has
been abundaDtiy discussed BY the ablest men
IN the United States, and ought now to be
considered as settled.
The 9Th resolution affirms that we can nc
yer acquiesce in the present system Of duties
What Is meant Shall we resist the laws -
shall we resist them by notification. seces-
sion, or revolution The resolution declares
further, that it is essentially necessary TO the
preservation OF the Union, that the present
tariff shall be speedily reduced to the reve-
nue. standard. Will We dissolve the Union if
1t be not thus rcduced' Will we Justify any
other state in doing so ] presume, the peo-
pie OF Virginia have no idea of adopting any
such measures as these.
The 9th resolution authorizes the inference.
that II South Carolina had deferred her mea-
sures until later period, We should then have
justified them. | conceive that the people Of
virginia will not consent To nuilify, secede,
o: dissolve this Union in any way, ~ any
time, on account Of the present tariff: tLev
will not at any time justify any other state in
doing so.
The 9Th resolution in effect charges, land
It has been repeatedly charged in the course
OF this debate that the President has affirm
cd IN his proclamation, that the people of
the United States acting as one aggregate
This appears to me TO be a most strained and
unfair construction Of the language of the
Proeiamation-'' The people Of the q. States
formed the Constitution, acting through uic
state Legislatures, in making the compact, to
meet and discuss its provisions, and acting In
separate CVRpsHii0ns, when they ratified those
proVIslons." II is from this passage that the
inference has been drawn, that the President
has affirmed the Constitution Of the United
States to have been adopted by the people OF
the United States, acting as one people. This
Is surely an unsound construction Of this pas
sace-but his meaning is explained, &c il need
ed explanation, by other passages in tie same
document in one passage, he says" Ia
vain have the people of the sersyel States So
iemnly sanctioned the provi.ions" IN ano-
ther passage--" nor did the Sfaiss, when they
sersreHy ratified the Constitution" &c. u i
truly singular that the gentleman from Peters
borg should confidently affirm that the terms
~ the Constitution, we the people Of the
United states, "a order TO form a more per-
feet Union" sc. did not mean that they acted
as one people, and vet the terms used by the
President, % The people of the United states
formed the Constitution did mean that they
acted ~ one people. The sentence IN tie
Proclamation h-ing qualified too By The cx-
Wession'' actirg IN 0pgyaiC Coarsnfions
when they ratified these proyisi0Bs." We al
know, or ought 81 know. enough q our own
political history, o. be- aware that the oues.
ton u the adoption of the Federal Const,tu-
tion Wa submitted % the States separateiy--
that each state had ono vote on tic qrestion-
the state sc Delaware a. we'd ~ lie State az
New York. ifON that vote was to be given.
whether for or against the Constitution. was
determined by the majority Of the votes Of
tie representatives Of uie people of each
STATE, acting rs a separate com nunity This
I D matter Of history, about which the author
u tie Proclamation could rot have made 90
gross blundor az has been charged upon aim.
Mr.. chairman, doctrine new o. me. aud
a. conceive. q the most dangerous charac-
ter - the harmony and stability q the
Union, has been proclaimed IN il,c progress Of
tiiis debate and is cquivocslly asserted W The
report Of the committee q ~ n y called