Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1833-02-07

which any may withdraw end OF the question
and OF our BILL For South Carolina leaning upon her
veresnty and reserved rights has exercised the power
which she claims OF obeyiUg and disobeyng law of the
Union, just as she may conruc it, to be constitutional OF
| uucons htutOual.
An at emp, hi part 10 throw any additional light on
,s suhjec would be unnecessary TO cen Iibue
drop OF water 10 the 1t enough Tor him that
tie had tew well-se tied principle this poin which
he had always entertained aud which had been acted on
rom the ICundaou OF the the present time
The Constitution To- med by he people. iwasa opt
ell by the States, which, like individuals surrende ell
portion oil uer sovereignty Tor the security OF the r 81
lLOe powers which tbs sunenered, however, LIMIT
ed Lumber supreme in extent and application The
cond paragraph IN the 9th art Gle OF the Constitution
va, as appeared TO him, tremed meet this very
--io meet State legislation Sse Nuiiication,o meet
tie OF legislation which attempts to oyettow
national Legislation
- his Constitution, and the laws of the United States
which shall be made in pursuance herco, aud all tea-
ties made or which shall be made under the auhorit, OF
the United States, shall he the supreme law the land;
aud he Judges in every safe hail be DO nd thereby any
thing in the CONSTITUTION OF Laws o any State to the con-
ira no wlihs andIng."
This supremacy OF power necessary for the &C.
neral welfare, because consists in the of pow
which could not be conidel to, exercised by any one
State We always had Union. The great ohjec; OF the
people om ono period anether has been, render the
Union "mOre perfect" Virginia took the lead in the last
attempt, ana her statesmen were among its foremost
champions Experience had manifested the want OF a
supreme power TO bear Immediately upon the people of
Tue States The laws of The old confederation bore
the States alone. Hence, the Constitution begins, "We,
the Peoples; aud the conclusion OF the Sh section of the
lSt article, giving power Congress make all laws
which shall be necessary and proper for carrying into
cuion the foregoing powers aud all other powers vested
10y tins Constitution in the Government Of the United
states, or IN any department or officer thereof and the
emphatic concluson, declaring such laws TO be the
Preme law OF the land, III the aggregate OF the
term.
We owe allegiance both the United States and TO the
State Of which citizens. Are there, Sir, any ci-
zcns who owe allegiance TO the United States Have
the People of South Carolina abandoned the proud title
czcus OF tho Uhied States? Has the General Govern
has, that power must be brought bear diicciIy upon
the people of the States, and of each State.
Tue Governments OF The United States forms part OF
inc government OF each State into it, aud sup
ples whatever may be wanting in State powers. You
cannot bring about obedience the laws If their obi
%o' anu iug 'orce are not directly on the People Ii
tie laws are brought 10 bear the States they may
wrap themselves tap IN their sovereignty aud their
Gu Eh,'' resort 10 nulhcaon and claiming the power
put their vo'o on the acts of Congress- they may over.
throw your whole system of legislation. This doctrine
irlrS not the sovereignty Of the people The People re-
wei 40 10 their respective States They act here as i'm
'"e'r State Legislatures. Whenever you oil
your great constitutional powers the People act here
anu are therefore hound by The law which they themselves
maze his Is the perfection OF political institutions
me People make the laws, aud the laws govern The
,aeS are secure in their rights and always
ne admitted their original absolute sovereignty; but
bad said before they welded nm nornn NJ tb an,
! ~ Tor the general good
This is constitution OF power granted as lawyer
would say for valuable consideration" By the grant
these powers you created the Constitution of the Union
on cannot take them back at pleasure Here axe we
akedcdn the creature be greater than the creator q?
No But the creator may be bound by the act Of the
creature; the principal may be bound BY the act Of the
agent the agent acts in pursuance of delegated power,
parculuy when the interests of third persons are
'eed we say to South Carolina, our prosperity depends
upon The pcrnanence of system which yeu created; and
you ca" lake back the power which you gave your
| agents TO exercise.
On the subject OF practical nullfcation Mr. w said he
h'd made some notes, and the very circumstances which
he had anticipated had happened Frc late number of
The Charleston Mercury which he held in his hand he
nj Df,rIt,
ton, whercat resolutions adopted forming conpa
mes to import goods free of duty The merchants of South
Carolina would 1t thought be reluctant TO hazard
'heir credit and convenience by awaiting them
selves oil the Repievin Law and il had doubted
thcr the force oil the Ordinance would be tried But
hc h"u expected the politicians not the merchants had
formed plan Tor trying the experiment. Preparations
hhd bcsn made 10 bring the question
the lSt day February arrived He had mad , po,n NJ
the questions which wouid arise Of these con~idcIa-
IONS but he would not eain the Senate by noticing the m
lie would pass 10 the consideration of the provisions
the b The first section OF tho till contains provisions
which are preventive and peaceful Mr.. W. then read
rom the FIRST section Of The bill, follows:
ne ~ enacted, &c That whenever, by of un-
wi" distractions, combinations mblagcs Of per-
on or unlawful threats against officers of The
United States ii shall become impractrde in the ug-
ment OF the President execute the revenue laws and
collect the duties imports ia the ordinary way i'm any
collection district ii shall and may lawful Tor the Prcsi.
den direct that the custom house for such district
'alNhcd dhd kept M any place within some mort
vessel" SC. :
II eIDOnS olhcarance on The Executive, and gives him
power to remove the custom house secure place
where the duties may hc collected. 1T leaves the ports
and districts as they are, open the commercial
convenience Of the good people of the State and even
hc custom house would not he taken from the port har-
/ Dor where they Our object i'm removing the
custom house, - 10 prevent all collision ii possible Tie
words tia cats and mcnaces do ran through the re-
siuc OF The section The power given in this clause
not news the clause is simply declaraiory Of the existing
law, has been held our courts for il has been de-
c ID, that where II is impossible to collect the duties the
officers OF the customs may remove the custom house.
ne next paragraph provides for the cash payment o
duties under circumstances which render impossible Il
collect the duties in the ordinary way This is no grea
matter We have already abolished the credits on duties
To some extent and this law carries the system further
why should the practice Of takiRg bonds be persisted i'm
when they say they not bound pay the bonds? Iii
u mockcry TO take bonds when the Constitution and h,
law release the people bound from the obligation of In,
bonds Suits must be brought to enforce the payment o
the bonds, and the authority Of the State Federal Fri
bunalS would thereby be brought into conflict which con
ct the Bill sought TO avoid. The gid section OF the ac
have refused TO pay their bonds The same principle
applied TO the present case where people are combined
prevent the payment Of bonds.
me trd and remaining eXigency provided for i'm th
first section, is the authority TO employ the land mr.
forces, or militia This provision is entirely defensive.
merely confirms the authority for the protection of the
custom house and revenue officers The simple question
is-do you require obedience 10 The laws? How can voI
make the people OF South Carolina pay the duties? Tn
custom house officers are not sufficiently numerous 4
enforce obedience TO the laws; pains penalties indct
menis all hang the head of that man who is boil
enough to exact payment The Legislature forbids tb
enforcement OF the law and lie who attempts TO enforce
II must suffer the pcnalty othe law surely as he is con
vcted OF the offence. The Marshal in this stage of h
N Hs .v