Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1833-04-05

l. nus hoIp1 ~ hVuC Oul al TIC n uine,
holds high the character OF her inshtu ions, her power, her
rapid growth, and her future destiny, in the eyes OF all TO.
reign Ste'es' One danger, only, creates hesitation; one
doub, only exist to darken the Otherwise unclouded bright
ness OF that aspect, which she exhibits 10 the view, and
to the admiration oil the world Need | saj, that that
doubt respects the permanently of our Unior; and need 1
say, that that doubt is now caused, more than by any
Thing else, by these ve,y proceedings of South Carolina;
Sir, all Europe is, at this momen', behoidng us, aud look.
ing Tor the issue ol this con rovcrsy; those who hate free
ins,iiuti ny, with malignant hopt; those who love ,hem,
with deep anxiety AID shivering fear.
The cause, then, sir, the cause! Let the world know
the cause which has thus induced one State of the Union
10 bid defiance to the power Of the whole, aud openly to
talk OF secession
Sir, the world will scarcely believe that this whole con-
troversy, and all the desperate measures which its sup
port requires, have no other foundation than a difference of
opinion, upon a provision of the constitution, between a
majority of the people of South Carolina, on one side, and
a vast majority OF the whole people OF the U. States ON the
other. IL will not credit the fact, il will not admit the pos
sibhity that, in an enlightened age, in afree, popular repub-
Tic, under a Government where the people govern, as they
must always govern, under such systems, by majorities,
at a time OF unprecedented happiness, without practical OPP
preston, without evils, such as may not only be pretend
ed, but felt and eSperienced; evils, not slight or Temporal
ry, but deep, permanent, and intolerable, a single State
should rush into conflict with all the rest, ATTEMPT TO nat
down the power OF the Union by her own laws, aud to sup.
port those laws by her military power, and thus break up
and destroy the worlds last hope. And well the world
may be lncredulous. We, who hear and see it, can our
selves hardly yet believe it. Even after all that had pre-.
coded II, this ordinance struck the country with amaze
ment. 1t was incredible aud inconceivable, that s. Caro-.
una should thus plunge %headlong into resistance TO the
laws, on II matter Of opinion, and on a question in which
the prepouderance OF opinion, both of the present day and
OF all past time, was so Overwhelmingly against her. The
ordinance declares that Congress has exceeded its lust pow
ers, by laying duties on imports, intended for the protec-
uon OF manufactures. This is the opinion OF S. Carolina;
and oil the strength vi that opinion, sine nuiiifies the laws.
Yet has the rest of the country no right to its opinions
aisof Is one State TO sit sole arbitress! She maintains
that those laws are plain, deliberate and palpable viola
lions OF the Constitutions; that she has a sovereign right to
decide this matter; and, that having so decided, she is au.
thorized to resist their execution, by her own sovereign
power; and she declares that she will resist il, though such
resistance should shatter the Union into atoms.
MIR. President, l do not intend TO 10 discuss the propriety
oil these laws at large; but will ask, how are they shown
TO be thus plainly and ~palpably unconstitutional Have
'hey no countenance at all in the Constitution itself! Are
they quite new in the history Of the Government? Are
they a sudden and violent %usurpation on the rights of the
States! Sir, what will the civilized world say; what will
posterity say, when they learn that similar laws have ex-
iS'eu rom me very foundation OF the Governments; that for
smu'y years me power was never questioned; and that no
State in the Union has more freely and unequivocally adj
mitted it than s. Carolina herself?
To lay and collect duties and imposts. is an erDress nam.
e, granted by the Constitution TO Congress. Itis, also, an
eTciuSipe pOtcer; for the Constitution as expressly pro.
hibits all of the States from exercising il themselves, This
express and exclusive power is Unlimited in the terms OF
the grant, but is attended with two specific restrictions;
hrst, that all duties and imports shall be equal in all the
States: second, that no duties shall be laid on EXPORTS
me power then being granted, and being attended with
these two restrictions, and no more, who is to impose a
'hlrd restriction on the general words of the grant? 1.-THE
power to lay duties, as known among all other nations, and
as known in all our history, and as it was perfectly under
stood when the constitution was adopted, includes a right OF
discriminating, while exercising the power. and o Iaving
some duties heavier and some lighter, for the sake of en-
couraglng our own domestic products, what authority is
there Tor giving to the words used in the constitution a
new, narrow, and unusual meaning? All the limitations
winch the constitution intended, it has expressed; and
what IT has left unrestricted, is as much a part of its will,
as The restraints which it has imposed.
But these laws, it is said, are demonstrations on accoun,
OF the motive. How, sir, can a law be examined nm anv
such ground! How is the motive TO be ascertained? One
Rouse, or one member, may have one motive the other
House, or another member, another. One motive NAV
operate to-day, and another Tomorrow. Upon any such
mode oil reasoning as this, one law might be unconsiitu.
uOnal nOW. md another law in ayactIy ta g..o- u.-I
perfectly constitutional next year. Resides. ar,ioIas nay
not only he taxed, for the purpose of protecting home pro-
ducts, but other articles may be leitfree, for the same pur-
pose, and with the same motive. law therefore, would
become unconstitutional from what it omitted as well as
what il contained. Mr.. President, il is a settled principle
acknowledged in all Legislative halls, recognized before ali
tribunals, sanctioned by he general sense and understand
ing oil mankind, that there can be no inquiry into the mo-
yves oil those who pass laws, for the purpose OF determin-
ing on their validity. II the la. be within the fair mean
ing OF the words ia the grant of the power, lis authority
must be admitted until il is repealed. This rule. every
where acknowledged, every where admitted, is so lnIver-
sal, aud so completely without exception, as that even an
allegation OF fraud, in the majority OF a Legislature, is
not allowed az a ground TO set aside a law.
But, sir, is it true that the motive for these laws is such
as is stated? L think not. The great object of all these
laws is, unquestiOnably, REvENUE Ifihere were no oc.
caSioh Tor revenue, tile laws would not have been passed,
ana IL is notorious, that almost the entire revenue of the
country is derived from them. And as yet, we have col.
lected none too much revenue. The treasury has not been
more exhausted for many years than at the present moment
All that South Carolina can say, is, that in passing the laws
which she now undertakes 10 nulify, particular articles
0 s"J5 ~" % 'CSUIN 10 ~ pFOtECtlOl or domestic
articles, higher than they tCOuid hare been had no such
regard been entertained. And she insists that. accord.
ing to the constitution, no such discrimination can be
allowed, that duties should be laid for revenue, and reve.
nue. only, and that II is unlawful to have reference, in
any case, TO protection. In other words, she denies the
power OF DISCRIMINATION. She does not, and can.
not, complain OF excessive taxation; on the contrary she
processes to be willing TO pay any amount for reve-
nue., merely as revenue; and up TO the present moment
mere Is no surplus OF revenue. Her grievance, then,
that plain and ~palpable violation of the constitution,
which she insists has taken place, is simply the exercise of
the power OF DIFFERENTIATION. Now, sir, is the eXer.
else oil this power of discrimination plainly and palpably I'M
constitutional ! | have already said the power 10 Law du.
Ties IS given by the constitution in broad and general
terms. There Is also conferred on Congress the whole
power oil regulating commerce in another distinct provis-
lon' It's clear and palpable, sir; can any man say il is a
case beyond doubt, that under these two powers, Congress
pose ~ counterUGiiing the policy Of foreign nations. or
~ JdUoTiHg our olCn home productions ? Sir, what
ought TO conclude this question forever, as il would seem
TO me, that the regulation OF commerce, and the imposition
OIL dutles are IN all commercial nations, powers avowedly
ana constantly exercised for this very end. That un-
denlable truth ought to settle the question; because the
constitution ought TO be considered, when il uses well
known language, as using il in its well known sense
BUTT is equally undeniablc that il has been, from the very
hrst, lully believed that this power OF discrimination was
conferred on Congress; and the Constitution was itself re-
commended, urged upon the people, and enthusiastically
insisted on, In some OF the States, for that very reason
not that, at That time, the country was extensively en-
gageu IN manufactures, especially Of those kinds now ex.
lsung. But the trades and crafts of the seaport towns. the
business oil The artisans, and manual laborers, these en-
Pioynents, the work OF which supplies so great a portion
OF the daily wants OF all classes, all these looked TO the
new Constitution as a source of relief from the severe dis
] iress which inloxvp1 he xuar IL uv..Ir II -