Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1833-09-11

dent for the Legislatures oil the seserai o'a'e' W
appoint delegates TO another convention, 10 meet
at Boston, in the state of Massachusetts, on the
third Tuesday Of June next, With such powers
and instructions as the ex'sency OF Crisis ~
momeptous nav requre."-The powers "hch
thew sunnosed themselves to possess may be gath
cred from the following extract from the Pream'
HE 70 the resolutions: "When emergencies oc'
cur which are either beyond the reach of the Ju-
dicial tribunals, or too pressing TO admit OF the
deIay incident to their forms, states which nave
no common umpire, must be their own Junses'
and erecute their oun decisions" But does the
editor of the Wing really see such difference IN
the case of people in their primary assemblies
declaring a Law unconstitutional aud oppressive,
and Threatening resistance,-an the same act,
done by agents, in the form OF convention, which
iustifies clastisement 10 the one case, and merits
com mentaiion in the other! bad supposed that
the acts of the people. in their primary assemblies
we're the most Legitimate acts OF sovereignty, and
deserved the highest consideration, and that they
were not to b, regarded and stigmatized as the
proc eedings Of mobs and unlawful assemblies
The facts Of the editor Of the Wing having tall
ed him, his conclusions therefore necessarily iall.
The editor of the Wing saws, that have at
tempted to draw a moral HkeneSs between the
cases. The editor does not falrly represent my
| assertion. | said that SD far as the action OF
Congress was concerned, the cases were identi
cal. By this, did not intend to be understood
that the facts Of the two cases were Identical but
that the principles upon which Congress acted
were the same, and covered both cases. IL were
TO reason entirely from the provisions OF the oil
of 1909, to enfurce the embargo, could safely
contend that the bll was intended, and did pro
vide for, anu form of resistance, whether legal
sed bu state authority or moi, and that It's opera
tons could not be arrested BY the secession OF
| ary Sta,e.-Iet the editor of the Wing examine
the bill, if he peases, aud tell me what could pre-
vent the President from executing the law against
anu form, Of resistance? The effort will be vain
But there is no misunder standing this qaestion,
if those Who originated and supported that bill
understood their own views. will refer to a
few of the remarks made in the debate, on the
passage Of that BILL to ascertain the object OF It's
friends, and the ferns and extent OF resistance
they intended to overcome.
Mr., Randolph said" But, at the same time
dppre cate the effects of this tnr1ugh
the United States, trust that there exists, and
always will exist, within this country. power to
execute the laws. shall be among the fir't 10
rally around them, when the opposite doctrine is
once fairly preached and acted on. | cannot see
10 what purpose otherwise We have nuttonm 60
rer,,anent. F."
What does Mr.. r. mean by "the opposite
doctrine? Surely, the doctrine that the cavern
ment had no power to execute its laws. tie was
repl ying to Mr., Quincy, who had said: 4" Other
gentleman might take their ground: he would
take his-that the embargo must b. repealed: that
they could not enforce IT, He repeated it; the
embargo must be repealed, 1t could not be enfor-
ced for any material period of time longer!-
" hen he spoke thus, let not gentlemen mistake
him; he alluded not to uioidtions Of The taW. but
he spoke Of a different mode-a Uery different
stn;e of things" The allusion Of Mr.. Quincy is
very manifest; yet Mr.. X did not limit his asser-
ton of the power Of the government to the form
of resistance, whether by mobs or state authority
The assertion is general. and covers all cases.
Indeed, il to suppress mobs was the only object,
the laws then in force were amply sufficient,
and the bill to enforce the emba rgo vas unne-
cessary.
In the same debate. Mr.. Llovd had stated that
the embargo might be resisted, first. BY town
meetings, then by petitions, then by Legislative
resolutions, and finally, by insurrection and re-
belion;n alludlns TO the action Of the eastern
States. of one of which (Massachusetts) he was
Senator. Mr.. Giles said in reply: But.
Mr.. President, l believe this government does
possess power sufficient to enforce the embargo
lawS.-lhc real character OF our government
seems to be entirely misunderstood by foreigners,
and not fully appreciated by some Of our own
citzens Ii has all The strength Of erecmion,
,cith The most despotic governments upon earth
Ii is aided, too, by the knowe dee of every C,tI
zen, that, when its will is pronounced. it Is the
fair expression Of the will of the majority. The
checks of this government are exclusively upon
its deliberations, not upon its powers of ereca
finn Gu far from il. that the constitution has
expressly provided. that the government should
possess all means necessary and proper for exc
cutting its specified powers There Is no limi.
ta,lon, whatever, upon the means OF executing
the gen eral will, when fairly and deliberately
pronounced, Nothing could be more sb'nrd
than 10 suppose, that after so many checks had
been imposed upan deii6eraiion in pronouncing
the public will, after that will was thus pronounc-
ed, that any means, whatever, for its execution
should be withheld" When the relation Of
subjects to depotic governments is understood,
and MIR Giles was of opinion, that the "powers
of erecuiion'' IN the general government "were
Il