Martinsburg gazette and public advertiser. [volume] (Martinsburg, Va. [W. Va.]) 1826-1833, 1833-03-07

OF the constitution IOresaW tuiss anO INC l
has guarded against it. What |
has il said? Il is declared the clause g
numeratng the powers Of this govern
ment; that congress shall have all power
to carry into effect all the powers grant |
ed by the constitution, in any branch OF
the government, under the sweeping clause
for they have not specified contingen-
cies, because they could not see what was
to happen whenever powers were
necessary, all, all are given to this govern
ment, by the fundamental law, necessary
to carry into effect those powers which
are vested by that constitution in the fed
ersl government This is one reason.
The other is, that it is not possible for any
state provided this government is admin
istered with prudence and propriety, so
to shape its laws to throw upon the gen
eral government the responsibility of first
resorting to the employment Of force; but
if force at all is employed, it must be by
state legislation, and not federal legislation
and the responsibility of employing that
force must rest with, and attach 10, the
state itself
(sald Mr.. c. shall not go into the
details Of the bill. merely, throw out
these sentiments for the purpose Of show
ing you that South Carolina, having de-
clsred her purpose to be this. TO make an
experiment whether, by cour.c Of legisla-
ton, 10 a conventional form, or legisla.
tive form Of enactment, she can defeat
the execution OF certain laws of the United
Safes. !, for one, will express any opln-
ion--that believe il is utterly impractical
BILE, whatever course of legislation she
may choose to adopt. for her to succeed.
| am ready, for one, to give the tribunals
and the executive Of the country. has or
has not my confidence, the necessary mea
sures of power and authority to execute
the laws Of the union Bat would not
go hairs breadth further than what is
necessary for those purposes Up to that
point would go, and cheerfully go; for
It IS my sworn duty, as regard it, to go
to that point
Again: taking this view of the subject,
IS. Carolina is doing nothing more. except
that she is doing it with more rashness
than some other states have done The
respectable state Of Ohio, and If he is not
mistaken the state of Virginia also. An
opinion prevailed some years ago, that il
form you could Gust federal Jurisdictions
out Of the limits Of that state, because the
STATE tribun sis had ane xcllsive jurisdiction
over penalties and crimes, and it was in.
ierred that no federal court could wrest
the authority from them According tc
that principle the state Of Ohio passed the
laws taxing the branch bank Of the United
States. and high penalties were to be en-
forced against every person who shouIt
attempt to defeat her taxation. The qaes
ton was tried II happened to be my lot
(said Mr.. G to be counsel at law to brins
the suit against the state, and to maintain
the federal authority. The trial took place
in the state Of Ohio; aud it is one Of the
many circumstances which redounded to
the honor Of that patriotic state she sub
United to federal force. went to the of
flee of the public treasury myself to which
was taken the money of the Bank Of the
United States, it having remain d there
in sequestration, until it was peaceably
rendered in ohedience to the decision of
the court without any appeal to arms. In
abuiding which | bad to pass 10 order to
reach the treasury, | saw the most brilliant
display OF arms and musquetly that ever
saw in my life, but not one was raised or
threatened 10 be raised against the due ex
ecution OF the laws Of the United States,
when they were then enforced In Virgin
Ia. (but am not sure that am correct in
the history Of IT'D there was case of
this kind-persons were liable to penalties
FOR selling lottery tickets II was conten-
ded that the state tribunals had an exclu
sive jurisdiction over this subject. The
case was brought before the supreme court
= the parties were a Myers and somebody
else, and it decided rs it must always de
cide-no matter what obstruction no
matter what the state law may be, the
constitutional laws Of The United States
must follow and defeat it, in its attempt
TO arrest the federal arm in the exercise
OF its lawful authority, South Carolina
attempted-and | repeat tin a much
more offensive way, attempted to defeat
the execution Of the laws of the United
States. But, it seems that under all the
circumstances Of the case, she has, for the
present. determined to stop here, in order
that by our legislation, we NAV prevent
the necessity OF her advancing any further
But they are other reasons for the expedi
ency oflegisla,ion at this time. Although
come here fully impressed with off.
trent opinion, my mind has now become
reconciled
The memorable first of February is
past confess did leel an unconauera
bic rtepugnance to legislation until that
day should have passed, because of the
consequences that were to ensue. hoped
that the day would 90 over well. | feel,
and ! think that we must all confess. we
breathe freer air than when the restraint
wa' upon US But this is not the only con
sideration. South Carolina has practical
y postponed her ordinance, instead Of let
ting 1t go in 10 effect, till the fourth Of
March. Nobody who has noticed the
course OF events, can doubt that she will
postpone IT by still farther legislation, if
cnngress Ahnnlh rice .riiho... A...I-