Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1833-02-16

States into operation within her limits That she has
proiessed to be her object Her appeal not TO
but 10 another powers not to the sword hut TO the law
He must say, and he would say with intention Of
paraging that State any other OF the sa,es-it
feeling unworthy OF her As the purpose If South Ca
roina not that OF iorce this disarcd dives
ell legislation OF one OF principal objection, which il
appeared TO him existed against at the commencement
OF this session Her purposes all OF civil nature. She
thinks she ost the United States from her limits
unquesonably she had taken good care prepare her
Judges beforehand by swearing them TO decide in her Ia
vor VI we submitted TO her should thus stand hut
peor chance of obtaining Justice She disc.aned any
intention Of resorug force unless should tiud i, in
dspensabe TO execute the laws of the Union by apply
ing force TO her. Ii seemed him the aspect of the at
utde OF South Carolina had chaDged--or rather, the
new light which he had obtained, enabled him see her
in different atude-and he had truly understood
her until she had passed her laws by which Intend
ed to carry her Ordinance into effect Now he ventured
to predict, that the State which he had referred must
ultimately Tail in her attempt. lie discamed any ;nen.
lion OF nying any thing to the dsparagemcnt OF that
State Far from it, lie thought that she had been rash
ntemperae, and greatly in error; and language
OF one OF her own wriesmade up issue unworthy of
her. lie thought the verdict and Judgment must 20
against her. From end TO the other OF this Continent
by reclamation "a II notification had been put dow
| and put down in a manner more eiIectuav than by
thousand thousand aniesby the irresistible
orce, by the mighty influence of public opinion Not
voice beyond the single State OF South Carolina had been
heard IN favor of the principle Of nuication which she
mas asserted by her own Ordinances; and he would saw
That she must fail in her lawsuit He would express two
opnionS the first OF which that is possible for
Tue ingenuity o man to devise system Of State Legislation
TO defeat the execution Of the laws of United States
which could not be countervaed by federal egsation.
a State might take It upon herself TO thro obs,ruc-
lions in the Of the execution the laws of the Fee
defai Government; but Federal Legislation follow at
her heel quickly, ard successfully the course
oil State Legislation. The trainers OF the Ccnst ution fore
saw this, and the Cons uliou has guarded against it,
What has il said Il is declared in lie clause
ing the powers OF this Government, that Congress shall
have all power TO carry into effect all the powers granted
oy the Consu ion, in any branch OF the government un-
der the sweeping caue tor they have not ,pec cited
hngencies because they could what happen
but whatever powers necessary ALL all are given
10 this Government, by the fundamental law, necessary
carry ito effect those powers which are vested by that
Constitution in the Federal Government hat is one re
son. The other H. that it il not impossible Tor any State
provided TINS Government is administered wi
and popricty to shape its laws throw upon The
General Government the responsibility of first resorrg TO
the employment Of force; but il force all il emp
1t must be by State legislation anil Federal Legislation;
ana Tie responsibility OF employing that force
| with, AMI attach To, the ate sell, ..
(said Mr. CO. shall 20 the details of this bill
merely throw out these sentiments for the purpose of
showing that South Carolina having her pur.
pose to he this, 20 make experiment, whether by a
course OF Legislation, in conventional form, or eVa-
tive form OF enactment she defeat the execution of
certain laws OF the United States, for one, will express
my opinon-that believe it is utterly impraccable,
whatever course OF Legislation she may choose TO adopt,
Tor her TO succeed am ready for one, give the tr
Dhnas ana the Executive OF the country, whether that
Executive has has not my confidence, the necessary
measures OF power and authority TO the laws OF
the Union But would go a hairs breadth further
than what is necessary for those purposes. Up to that
point would go, and chceriully go Tor il my sworn
duty as regard it, TO go to that point.
Again: taking this view of the subject South Carolina
doing nothing more, except that se doing wi
rlshness, than other States have done. That re.
spectacle State, Ohio, and if he mistaken the
Stale oil Virginia also. An opinion prevailed some wears
ago. that If you put the laws of State into penal form
You could Dust federal Jurisdiction OF the limits of
At State because the State tribunals had exclusive
jurisdiction penalties and crimes and il was Inferred
h"t no federal court could wrest the authority from
them According 10 that principle the State of Ohio passed
the laws taxing the branch Bank of the United States
and high penalties were be enforced against every
person who sIond attempt to defeat her taxation The
question was tried 1t happened to be my lot (said Mr.
I'd TO be Counsel at law TO bring the against the
State and to maintain the federal authority The trial
took place in the State OF Ohio; it one OF the many
circumstances, which redounded the that pat
rotic State-she submitted TO federal force l wen, 10
the office OF the public Treasury myself to which was
taken the money OF the Bank of the United STATES il
having remained there in sequesraon, uniIit
AMY rendered III obedience 10 the decision of the Court
without any appeal TO arms. In building which had
to pass IN order TO reach the Treasury saw the most
brilliant display of arms and musquelry that ever saw
III my me- our not one was raised or threatened to be
raised against the ue execution of the laws OF the Uni
ted States, when they then enforced. In Virginia
Nu am not sure That am correct in the history of it, }
mere was case OF this kind-pcrsOns liable to pen.
aUcs Tor selling lottery tickets. 1t contcndcd that
The State tribunals had exclusive jurisdiction over the
subject The brought before the Supreme
Cour-he parties a Myers and some body else and
il decided it must ALWAYS decileno matter ,ybai oh
strucon-no matter what the State law may be the con-
shtuional laws OF the United States must follow and de-
'eat IT, In its attempt to arrest the Federal in the ex-
ercse oil Its lawful authority, South Carolina has at
temped-aDd repeatit, in much more offensive way
attempted TO defeat the cuton the laws of the
Stdtes lDu seems that under all The
stances oil the case, she has for the present determined
stop here, III order that by legislation may
vent the necessity of her advancing any further But
mere are other for the expedenCy Of legislation
al ihls time Although came here fully impressed with
dIneren opinion my mind has become reconciled
The memorable first of February is past. I confess I
uh ee an uhconquerdble repugnance Legislation until
a day should have passed. because of the
mat were to hoped that the day would on over
weI' Iecl, and think that must all confess we
breathe reer air than when the restraint was upon us
but THIS Is not the only considerations South Carolina has
ipracucaIy postponed her Ordinance instead of letting il
go INTO effect till the 4lh OF March Nobody who has no
uced The course OF events doubt she i'll pospo
oy sun farther legislation, il Congress should rise with
OUT any settlement OF this question. going TO saw
my NE Oh ~ she will postpone it period subsequent
10 me fourth oil March IL is i'm the natural course of
events South Carolina must perceive the enbarrass.
men'' oil her situation. She must lie dcsirous- is un
natural TO suppose, that she is not to remain in the
Union !" nat! State whose heroes in its gallant ances
uy fought so many glorious battles along with those of
the other States OF this Union-a State with which This
cohIeucracy IS linked by bonds Of such er char
ac'er! have sometimes fanced what would be her
cohuuoh IL she goes ont Of this Union ii her 900
people should at once be thrown upon their own re.
sources She is out OF the Union. what is tie conse.
quehce! She IS an independent power What then does
sle 90! She must have armies fleets and an tx
sVc "oVeThmen'--have foreign missions she must raise
enact this very tariff which bad driven her ont Of
"e Chon, IN order 10 enable her raise money and TO
sustain, the attitude Of an independent power If she
ouu nave no force, no navy 10 protect her, she will be
exposed TO praiica incursions. Their noiVhbor 81 Do
ningo might pour down horde Of pirates on her bor
uers' aud desolaie her plantations She must have her
embassies Therefore must she have revenue And LET
me tel you, there is another conscqucnce-au inevitable
one se has certain description Of persons recognized az