Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1833-03-15

- f'O u te UH, or IN temper IN which lts aupD-
uon had been urged. Ii the extraordinary powers with
winch the bill proposed TO clothe the Executive, TO the ut
Ur pros,rauon oil the Constitution, and the rights Of the
1'''cS' De calculated TO impress our minds with alarm, at
me rapid progress of despotism i'm our country, the zeal
WIN "hlch every circumstance, calculated 10 misrcpre-
sent or eXaggerate the conduct of Carolina in the coa,ro.
'ersy; was eizsd on, with a view TO excite hostility agains,
her, but too plainly indicated the deep decay OF that bro.
theriy feeling which once existed between these States,
anu Il which we are indebted for our beautiful Federal
system. Ii was not his intention, he said, to advert 10 all
these interpretations but there were some so well
calculated to Hislead the mind, as 10 the real character of the
controversy, and hold up the State in a light so odious,
'hat ne did not feel himself justified in permitting them TO
pass unnoticed.
Among them, one of the most prominent was the false
statement, that the object OF South Carolina was TO ex-
empt herself from her share of the public bur,hens
whle she participated in the advantages of the Govern.
men'' IL the charge were true-if the State were ca
paoie oil being actuated by such low and unworthy mo-
yves, mother as he considered her. he would nor stand
up on ms MOOR TO vindicate her conduct. Among her
,"u,'s' ana faults he would not deny she had, no one
hau ever yet charged her with that low and most sordid
OF Vices-,avarice. Her conduct on all occasions had
been marked with the very opposite quality. From ,he
commencement oil tho revolution-trom its first breaking
out at Boston, till this hour, no State had been more pro,
'use OF It's blood in the cause of the country: nor had
any contributed so largely TO the common treasury. in
proportion TO her wealth and population. She had in
IVA. proportion contributed more TO the exports of the
onion' on The exchange Of which, with the rest of the
"or'"' VIC greater portion OF the public burden had been
levied, than any other State. No.; the controversy was
no! such as has been stated; the State did not seek to par
ucipate In the advantages of the Government vubou,
contributing her full share to the public treasury Uer
object was far different. A deep constitutional u,csnon
lay at The bottom of the controversy. The real question
AT issue ls, has the Government a right TO impose burdens
on the capital and industry of one portion of the country
not win a view to revenue, but TO benefit another, and
ne must be permitted to say, that after the long and deep
"g'Vauoh oil TINS controversy, it was with surprise. that he
perceived so strong a disposition TO misrepresent its real
character. To correct the impression, which those mis-
representations were calculated to make, he would dwell
on the point under consideration for a few moment. LANCER
Inc Federal Government has by am express provision
oil me Constitution, the right TO lay duties on Imports
A he STA never latic1 M .,.;I-I ait.
even thought OF so doing. The Government has. howe.
ever, not been contented with exercising this pover as
she mad a right 10 do, but had gone a step beyond it, by
laying imposts' not for revenue, but for protection. This.
the State considered as an unconstitutional exercise of
power-highly injurious and oppressive to her and the
other staple States, and had accordingly met il with the
most determined resistance. He did not intend 70 cnter
at This time, into the argument, as 10 the unconsi,u,ioo-
AMY OF the protective system. 1t was not necessary
II Is sufficient that thc power is no where granted. and
That from the journals Of tie Convention which formed
me Constitution, 10 would seem nat IL had been refused
10 show iaat the Convention, so fr from conled4aenqhvI
power on The Federal Government had let 90 the Snie I
the right 10 impose duties on imports, with the express .
view of enabling the several States 10 protect their own
manufactures. Notwithstanding tis, Congress had as
sumed, without any warrant from the Constitution, the
right Of exercising this most important power, md had
so exercised ii, as to impose a ruinous burden on the labor
and capital of the State, by which her resources were
exhausted-thc enjoyments of her citizens curtailed-
the means OF education contracted-and all her interests
essentially and injuriously affected. We have been
sneetlnely told, that she was a small State; that her
population did not much exceed half a million OF souls;
and that more than one hall were not of the European
race The facts were so. He knew she never could be
a great State; and that the only distinction 10 which she
could aspire must be based on the moral aud intellectual
requirements OF her sons. To the development OF thes-,
much of her attention had been directed; hut thi. res,ric-
tive system, which had so unjusly exacted the proceeds
of her labor, 10 be bestowed on other sections, had 20 i'm
paired the resources of The State, that if not sreedily ar
rested, II would dry up the means OF education, and with
il deprive her OF the only source through which she could
aspire TO distinction.
There was another misstatemcnt as TO the nature Of
the cnntrOvprsV en- Irpuupnly nuada 4 N lehato o~d co ,rl
calculated to mislead, that he felt bound TO notice il. 1t
has been said, that South Carolina claims the right to an
null the Constitution and laws of the United States; and
to rebut this supposed claim, the gentleman from Virginia
(Mr. Rives) has gravely quoted the Constitution 10 prove,
that the Constitution and the laws made in pursuance
thereof, are the supreme law OF the land; as il the State
claimed the right 10 act contrary 10 this provision of the
Constitution. Nothing can be more erroneous her object
is not to resist laws made in pursuance of Constitution, but
those made without lis authority, and which encroach on
her reserved powers. She claims not even the right
of judging of the delegated powers but of those that are
reserved, and TO resist the former when they encroach
upon the latter. He would pause 10 illustrate This impor-
tant point.
All must admit that there are delegated and reserved
powers; and That the powers reserved are reserved TO the
States respectively. The powers then Of the Govern.
ment ara divided between the General and the State Go.
vernment; and the point Immediately under consideration
is, whether a State has any right to Judge as to the ex-
tent of its reserved powers, aud to defend them against
the encroachments OF the General Government. With
out going deeply into this point, at this stage of tho argu-
ment, or looking into the nature aud origin Of the Go
vernment, there was a simple view Of the subject which
he considered as conclusive. The very idea of a divided
power, implied the right, on the part Of the State, for
which he commended. The expression was metaphor
cal when applied TO power. Every one readily under.
stands that the division of matter consists i'm the separa-
ton of the parts. But, in this sense, il was not appli.
cable TO power. What then is meant by a division Of poge r?
lie cOuld not conceive OF a division, without giving an
equal right to Judge of the extent OF the power allotted to
each. Such right he held to be essential to the existence
Of a division; and that TO give TO either party the conclusive
right Of judging not only the share allotted TO it, but of
that allotted to the other, was to annul the division, and
would confer the whole power on the party vested with
such right. But it is contcuded that the Constitution has
COME rred on the Supreme Court the right of Judging be-
tween the States and the General Government. Those
who make this objection, overlooked, he conceived, an
important provision fthe Constitution. BY turning TO The
10Th amended article Of the Constitution, it will be seen,
that the reservation Of power to the States is not only
against the powers delegated to Congress, but against the
United States themselves; and extends, OF course, ne well
10 The judiciary, as to The other departments ofthe Govern
ment.
The article provides that all powers, not delegated to
the United States, or prohibited by II to tho States, arc re-
served 10 the States respectively, or TO the people. This
presents The inquiry, what powers are delegated 10 the
United States? They may be elassed under four divisions:
First, those that are delegated by the States 10 each other
by virtue Of which the Constitution may he altered or
amended by three. fourths Of the Sta'es, when, without
which, II would have required the uusninous vote Of all.
Next, the powers conferred on Congress; then those on
the President; and, finally, those on the Judicial Depart
ment; all Of which are particularly enumerated In ihe
parts OF the Constitution which organizes the rosnsctive
Departments. The reservation Of powers to the States is.