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

4
these proceedings, to complain of the power OF majorities.
Mr.. President, all popular governments rest on two prin-
cples, or two ~ssumptons:
First, that there is, so lar, a common interest among
those over whom the Government extends, as that il may
provide Tor the defence, protection, aud good government
OF the whole, without Injustice or oppression To parts.
Second, that the representatives. of the people, and es-
peeialiy the people themselves, are secure against gene
raj corruption, and may be trusted, therefore, with the eX-
erciSc oil power. Whoever argues against these prin-
eiples, argues against the PracticabiIty OF all free GO
vcrnmcnts. And whoever admits these, must admit, or
cannot deny, that power is as safe in the hands OF Con.
gress as ia those OF o;he representative bodies. Congress
Is mo, irresponsible. Its members are agents of the peo-
Pile, elected by them, answerdble To them, and liable TO
oe displScedo OF superseded at their pleasure; and they pos
scss as fair a claim TO the confidence OF The people, while
they continue to deserve II, as any other public political
agents.
IL then, sir, the manifest intentionlof the Convention, and
the coteinporary admission Of both friends aud foes, prove
any thing; II tho plain text OF the instrument itself, as
well as the necessary implication from other provisions,
prove any thing; IT the early legislation of Congress, the
course OF judicial decisions, acquiescedin by all the States
Tor ioriy years, prove any thing, then il is proved that
there Is a supreme law, and a final interpreter.
MY fourth aud last proposition, MIR. President, was, that
any attempt by a State TO abrogate or nudity acts OF Con-
siess'lsa uSurp"t!on on The powers OF the General Gov
eminent, and on the equal rights of other States, IA viola
non oil the constitution, and a proceeding essentially revo-
iuhohAry' ms Is undoubtedly true, II the preceding
propositions be regarded as proved. 1t the Government
OF the United States be trusted with The duty in any de-
partmehi, OF declaring the extent of its own powers, then
a State ordnance, or act of Legislation authorizing resist
ance TO AN act OF Congress, on the alleged ground of its
nncoh''ituIonahiy, is inaniiesly a usurpdton upon its
powers.
II the States have equal rights in matters concerning
The whole, then for one State TO set up her judgment
against the judgment Of the rest, aud TO insist on cxecu.
uhg .ha' Judgment by force, is also Il manifest usurPation
IN the nights Of ol.eE States.
Ii the Constitution of the United States be a Govern
meht proper, with authority TO pass laws, and to give them
a uniform Interpretation aud execution, then the intespo-
S''Ion OF a State, TO enforce her own construction, and to
resist, as TO herself, that law which binds the other States,
Is Il violation of the Constitution.
Aud ii ih4tbe revolutionary which arrests the legislative,
executive. and judicial power OF Government, dispenses
/ Wltn sill Ath mn lUafin of liz, ~ l.
Yates another power to supreme dominion, then nullihca-
ton is revolutionary. Or, il that he revolutionary, the ma.
tural tendency aud practical effect of which is to break
Tue Olhon into fragments, TO sever all conneXion among the
people oil The respective States, and to PROSTATE this Gene.
raj Government in the dust, then notification is revolu.
y ullihcation. sir, is as distinctly revolutionary as seces.
sion; but cannot say that the revolution which it seeks is
one OF 20 respectable a character Secession would. il IL
true, abandon the constitution l,sge!her but then il would
profess 10 abandon il. Whatever o.her inconsistencies il
might run into, one, at leas', it would avoid. 1t would no.
belong TO a Go.ernment, while il rejected it, authority. II
would not repel the burden, and continue to enjoy the be.
hehts. 1t would not aid in passing laws which Others are
TO obey, and yet, reject their authority as to itself IL would
o undertake 20 reconcile obedience to public authority,
with an asserted right OF command over that same autlro.
Hy' II would not be in the Government, and above the
government at The same line. But, however more re.
spectacle a mode of secession may be, it is not more truly
revolutionary t'an the actual execution OF the doctrines 1
notification. Both, and each, resist the constitution n
auihori les; both, and each, would sever the Union and
subvert the Governments.
MIR. President, having detained the Senate so long al.
'"NJs wv wv wv tAdn Z III III ordinance
aud laws OF :. Carolina. These papers are well drawn for
their purpose. heir authors understood their own oh.
lectS-- ihey are called apsaceable remedy, aud we have
oeen told mat South Carolina, after all, intends nothing
but a law suit. A very lew words, sir, will show The ma
lure oil this peaceable remedy, and OF the law salt which
eouth Carolina contempla es.
In the first place, the ordinance declares the law of last
July, aud all other laws Of the United States laying duties,
TO be absolutely null and void, and makes it unla full for
tile constituted authorities OF the United States TO enforce
the payment of such duties. 1t is, therefore, sir. an in.
dictable offence, at this moment, in South Carolina, for any
person TO be concerned in collecting revenue, under the
laws OF the United States. 1t beng declared unlawful 10
COLLECT these duties by what is considered a fundamental
law oil the State, an indictment lies, of course, against any
one concerned in such collection, and he is, on general
principles, liable to be punished by fine and imprisonment.
The terms, 1t Is true, are, that it is unlawful 'ro enforce
inc payment oil duties;' but every custom house officer
entrees payment while he detains the goods, i'm order 10
obtain such payment. The ordinance, therefore, reaches
every cody concerned in the collection of the duties.
THIS Is the first step in the prosecution of the p~eaceable
remedy. The second is more decisive. BY the act COM
monty called the replevin law, any person whose goods are
seized or detained by the collector for the payment of du-
nes' may sue Out "A writ OF replevin, and by virtue of
that writ, the goods are TO be restored TO him. A writ of
rePIevIn 10 d wiit which the sheriff Is bound TO execute,
ana Tor Tie execution OF which, he is bound TO employ
force, il necessary. He may call out the posse, and must
do so, il resistance be made. This posse may be armed or
unarmed. 1t may come forth with military array, and I'M
der the lead of military men. Whatever number of troops
may be assembled in Charleston, thew NAV be summoned
with the Governor, or commander i'm CHIEF. AT their heal
to come in aid OF the sheriff. Itis evident, then, sir, that
the whole military power Of the State is to be employed.
whenever necessary, in dispossessing the custom house
Om't''d Hu III sELHlHS dhu HOldilg the goods without pay
ms The duties. This is the second step in the p~eaceable
remedy.
Sir, Whatever Prelenccs may be set up to the contrary,
this is the direct application of force, and of military
force. 1t is unlawful in itselfto replevy goods i'm the Gus
tody OF the collectors. But this unlawful act is TO be done
and II is 10 be done by power. Here is a plain interposi.
ton, by physical force TO resist the laws of the Union.
The legal mode OF collecting duties is to detain goods till
such duties are paid or secured. But force comes and
overPowers the collector and his assistants, and takes awav
the goods, leaving tie duties unpaid. There cannot be a
clearer case OF iorcibIc resistance to law. And it is pro-
yidcd that the goods thus seized; shall be held against
any attempt to retake them, by the same force which
seized them.
Having thus dispossesscd the officers of the Govern
meht oil The goods, without payment of duties, and seized
and secured them by the strong arm of the State. only
one thing more remained to be done, and that is. TO cut off
all possibility OF legal redress, and that too, is accomplish
cd or thought TO he accomplished. The ordinance de-
clares, that all judicial proceedings founded on the rene.
nue. idtcS, Oncluding OF course, proceedings in the courts
Of the United States) shall be null and poid. This nuIIi.
hes tho judicial power o. the United States. Then comes
the test oath act. This requires all State Judges and Jurors
IN the State Courts to swear that they will execute the ordi.
nance, and all acts Of the Legislature passed i'm pursuance
thereof. The ordinance declares that no appesl shall he
allowed from the decision Of the State Courts TO the Su-
prei1c Court OF the United States; and the replevin acts
make IT an indiciahle offence for any clerk to furnish a
copy OF the record, for the purpose Of such appeal.
The two principal provisions on which South Carolina
relies, TO resist the laws OF the United States, and nul1ifv
the authority OF this Government, are, therefore, these
j. a iorcible seizure of goods before the duties are Maid
or secured, by the power of the State, civil and military
2. The taking away, by the most enectuaI means in her
power, OF all legal redress in the Courts of the u. States;
The contining all judicial proceedings to her own State
tribunals; and the compelling OF her iudpes and iurors of