Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1833-04-15

p
against the plnctlcabty of all free Governments
And whoever admits these, must admit, or canno
deny, that power Is rs safe IN the hands of on
2tess as IN those Of other representative bodies
| Congress Is not irresponsible Is members nre a
GENTS oiihe people elected hy them, answerable IL
them and liable Ia be displaced or superseded al
ilcW pleasure aud they possess far "a eam IL
The confidence OF the people, while they continue
to deserve 1t rs any Other public political agents
II, then, SIR, the manifest intention of the cen
ven'Ion, and the cptemporary admission of both
trends and foes prove any thns # the PLAIN text
OF the instrument Itself as we'll rs the necessary
implication from other provisions, prove any thing
If the early legislation Of Congress the course OF
Judicial decisions, nequesrcd in 10y all the States
for forty years, prove amy thing then II IL proved
that Their Is supreme law Aand final Interpreter.
My fourth, and last proposition Mr. President,
was that any attempt by State ~ abrogate or
nuliliy acts OF Congress, is usurpation on The
powers oil the Grnera Government, and On the
equal rights of other States, violation of the con
stItution and proceeding essentially revolutionary.
This Is undoubtedly true, lfthe preceding propo-
sitlonS be reg Ired Is proved lfthe Government
of the United States be rusted with the duty, in
any department. of declaring the extent of lis own
powers, then State ordinance, or tt oilegisla-
ton, authorizing resistance To an act OF Congress,
on the alleged ground Its uncensn,lonally, is
manitcstiy n nsorpation upon lis powers.
If the States have equal rights, IN matters con
cernng the whole then lol State IL SET NJ, her
judgment against the Judgment of tha rest, and 10
insist ON executing that judgment by force, Is also
a manifest usmlalon IN the RIGHTS Of ether Suites.
If the constitutions of tbs United Suites be IL
Government proper, with authority 10 pas la"s,
u w u I'M = &
ton then he interlosion OF Stat 10 enorce hei
own construction and In resist, 10 herself, that
law which binds tic other States IS Violation OF
the constitution
And # that be evolutionary winch arrests the l.
glsla,'ve. executive aud judicial power ol Govern
men', dlspsnses with existing oaths and obllea
tons of obedience and c!eyntes another power 20
supreme dominion, then notification Is reyolutloaa
ry. Or If that be revolutionary, the Natural ten
dency and practical eff ct of which is To bfenk the
Union into fragments TO sever NIL connection
mong the people OF I'll, respective ales and 10
PROSTATE tins General Government IN the dust, then
notification is revolutionary.
Nuifestinn, sir, is rs distinctly revolutionary
as secession bur cannot say that the revolution
which it seeks IS one OF SO respectful character.
Secession would il is tue, abandon the constlln-
ton altogether but then, II would profess 10 abhp-
dor it. Whatever Other Inconsistencies ltmIeht
run into, one at least II would hvod 1t would
MT belong 10 i Government, whs II rejected its
al horty Ii would not rePaI the burden, and con
i!nuc to enjoy the henehis. Ii would not AID IN
passing laws winch oilers ARE 10 obey aud yet re
lcct their aulhotity rs II itself. II would not un
derakc TO reconcile obedience 10 public authority,
with al asserted right Of com nand owe that same
authority. 1t wus i not be IN The Government,
al, I Il, PIT
however more respectable a mode secession may
he, II is not more traly revolutionary than the ac-
tua execution of the docalhes Of notification,
Both, and each, resist the constitutional anthoii-
ties both, and each, would sever the Union, AMI
suhvcrt the Government.
Mir President, having tanned tie Senate 50
long already, will IN, now examine, nj length, the
or mace aud vi ). CIR liza. Thee pap +,
a:e well drawn fo their purpose. Their auto 5
understood their own objects. They are called Is
peaceablc remedy. and we have been told that
South Carolina after all, intends nothing but n
law suit. A very few words, sir, will show the
nature of this peaceable remedy, and OF the law
suit which South Carolina eontemplates.
In the first place the ordinance declares the law
ofldst July, and all other laws ofthe United States
laying duties, to be absolutely null and VOID aud
makes ii unlawful for the constituted anlhofIties OF
the United States 10 enforce The payment OF such
duties. 1t is, therefore, SIR an indicablc offence,
at this moment, in South Carolina, for any person
to be concerned in collecting revenue, under the
laws orthc United States. IL being declared UNI
lawful to collect these duties by wh, is considered
a fundamental law of the Staff, indictment lbs.
of course, against aay one Concerned IN such col
lection, and he is, on general prInrpl s. liable 10
be punished by fine and Imprisonment. lhn
terms ii true are, that II Is unlawful Ia enforce
the payment of duties but Every custom house
officer entrees paymet while lie detalns the
goods, in order to obtain such payment. The oIdi-
n ,ncc, therefore, reaches every body concerned III
The collection ofthe duties
This Is the first step IN the prosecution of the
pcaceabe remedy The second is moro decisive
By the act commonly called the rePevln law, any
person whose goods are seized or detained by the
collector Tor the payment of duties, may sue out
writ ofrepevin, and, by virtue Of that writ, the
goods are TO be restored to HIM. A writ OF replc-
vim is writ which the sheriff IS bound 10 execute
and for the execution OF which, he IS bound 10 EN-
ploy force if necessary. He may call out the pos
Sc, and must do So if resistance be made. rms
posse may be armed unarmed. II may com,
forth with military array, and under the lead o.
military men. Whatever number Of troops may
be assembled IN Charleston, Ney thhy DC suidhion
ed, with the Governor, or commanier-ih chiei, al
their head, TO come IN AID OF the sheriff. II Is ev'
dent, then, sir, that the whole military power Of the
State is to be employed, whenever necessary, II
Distressing the custom-house officers, and IN selzng
and holding the goods, without paying the duties
This is the second step in the peaccablc remedy.
Cir, whatever prclcnces may be set up to thu
contrary this is the direct application OF force, ant
military farcc. ia unlawful, ltSeif,
pcvy goods in the custody of the collectors Blu
this unlawful act is o be done, and ii is to be don't
by power. Here is plain lnterpositlon. by phys
ical force, TO resist the laws of the Union. The
legal mode ofco'leclng duties is TO detain the goods
Iii cuch dutios nre mid OF SECURED. But force