Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1833-01-19
Richmond, saturday, Jan. 10.
THE NEW MESSAGE-

-
could have fastened the last Message of the
President of the United Statcs-But Mr.. c.
said the cup should hot be permitted to pass
and the President was perfectly really to Join
issue with him. The Message was delivered i'm
both Houses OH Wednesday-and is now before us
1t is impossible for us to find room for it this
morning-as it fills more than columns of small
type in the Globe.-We must content ourselves with
the synopsis, which the n. fntelgencer presents of
IT. though it is not only necessarily defective but i'm
one or two features ncorect-particuarly in the
oveuuhng supremacy, which the synopsis attributes
to the Judiciary Department-The Message is Ear
from claiming for the Court all the powers which
are said To be asserted for the ultimate arer
for deciding all constitutional points.-But i'm addi-
ton to this synopsis we will give brief sketch of
few OF the features of this impressive Document
which appears SO powerful in It's statements, and so
temperate in its tone.
The President enumerates the vhrious measures
winch Notification has assumed in South Carolina
the several legislative devices which had been
adopted for thwarting the revenue laws of the II
States-and be then states the question as follows:
by these various proceedings therefore, tue State OF
South Carolina has forced the General Government una
voidaby TO decide the and dangerous alternative of
pernihg state TO obsruct the execution of the laws
WITHIN lis limits, or seeing attempt execute threat of
Withdrawing from the Union. That portion of the peo
pie at present exercising the authority of the ate So
lemny assert their right do either and as solemnlv an
nounce their determination TO do the other.
ln my opinion, both purpose. be regarded as re.
voutonary in their character and tendency subver
The Union The result OF each is the same; since State
IN which, by an usurpaon Of power, the constitutional
authority oil the Federal Government is openly deed and
set aside wants only the form be independent of the
Union.
"The right Of the people of single State to absoye
themselves will and without the consent of the other
states from their most solemn Obligations hazard the
Liberties and happiness of the millions composing this
Union cannot be acknowledged Such authority is be-
hcved to be utterly repugnan both the principles upon
wncn me General Government is constituted, and TO the
objects which il is expressly formed TO attain
against all acts which may be alleged to transcend the
constitutional power oil the Government which may be
lnconVenent or oppressive in their operation the Constu
ton itself has prescribed the modes Of redress IL is the
lodged attribute of free institutions that under
the' the empire OF reason and law is substituted for the
power OF the sword To other source can appeals for
supposed wrongs be made, consistently with the obga-
lions OF South Carolina; can such appeals be
made with safety at any time; and 10 their decisions when
constuonaIy pronounced, becomes the duty no less OF
me pubic authorities than OF the people, in every
yield patriotic submission
The State, any other great portion of the people
suffering under long and inoleabe oppression and having
ied all constitutional remedies without the hope of re-
dress, may have national right when their happiness can
DE not otherwise secured and when they do so with
out injury TO Others 10 absove themselves from their
oogations TO the Government and appeal 10 the last re-
sort needs not, on the present occasion, be denied
"Ihe existence OF this right, however, must depend
upon the causes which may justify its exercise Ii the
"d Tdti0 which pre-supposes that the proper
10 all other means OF redress have been made in good faith
ana which can never be rgAully esorled TO unless il be
unavoidable II is not the tight OF the Stae but OF he
individual and Of all the individuals in The State IL is The
right OF mankind generally secure by all means in
their power, the blessings OF liberty and happiness but
Mnen LOT 'hese purposes any body Of have volunra
ry associated themselves under peculiar form govern
men' no portion OF hem dissolve the association with
OUT acknowledging the correative right in the remainder
TO decide whether that dissolution can be permitted con
si'tent with the general happiness"
Inc PRESIDENT proceeds subsequently to show
that South Carolina has not exhausted all the consi
'uuohai means which were at hand-that she has
not appealed TO the forms of the judiciary nor In
the authority of Convention-to the force of pub-
lie opinion, or to the remedy of amendment-and
that there is nothing either in the degree of isrue
ana oppression Tor i'll the hopelessness of redress by
constitutional meaus,) which dees all other reme-
dy and warrants the disruption of the free insti-
tutions of the Union"
Independently Of these Considerations (savs the Mes
sage 1t VIII not escape observation that South Carolina still
Claims 10 be component part of the Union; to participate
III he national councils and TO share in the public benefits
without contributing to the public burhens-thus assert
ing the dangerous anomaly continuing in an association
without acknowledging any other obligation to its laws
uan what depends upon her will.
"ln this posture OF affairs the duty of the Government
seems to be plain 1t ncucates recognition of that State
as member OF the Union, and objects its authority;
Vndicaiion OF the just power Of the constitutions the pre-
seryalon OF the integrity of the Union; and the execution
oil the laws by all constitutional means
He then proceeds to point out what Legislative
enactments may be necessary to counterfeit by
peaceful custom-house regulations the new devices
OF the multiplying laws and to avoid the necessity and
danger OF resort to military force 1t is impossi-
~" O' TO W pdsS III tillS HuTried way upon the ne
cessity or proprlety of these several enactments-
most oil which are embraced in the SYNOPSIS We
must restrict ourselves for the present. to few ex
tracts from that part of the Message which embraces
inc most energetic measures of precaution -
at is not to be supposed that in the face of these ne
naIues aided by the powerful force of the county, Gbe
rose e0mdtuS) (which would doubtless be brought to
sustain the state officers, either that the collector would
retain the custody in the first instance or that the marshal
could summon sufficient aid 10 re-iake the property prs
AM 70 tne order' or olher process Of the court.
alt is moreover, obvious that in this conflict between
me powers OF the officers Of the United States and of the
STATE uness The latter be passvely submitted the de-
ucuon to which the property of the officers of the Gus
IONS would be exposed, the commissions OF violence
ahu Ine loss OF hyes, would be scarcely avoiddbe.
Under these circumstances and the provisions of tLe
acts oil South Carolina the execution othe laws is render
edmPracucabe even through the ordinary judicial rbu-
hsls OF he United States There would cerainIy be W.
er uhcues and less opportunity Of actual collision be.
tween he officers OF the United States and of the State
anu he collection OF the would he more eectu.
any secuTed- indeed, il be done in any other way
OF the county. FN'
OF 'hs purpose might be proper to provide that
whenever by sny unlawful combination obstruction i'm
sny oiate, or any port sboHd become impracicsbe
s"huy 70 collect the duties, the r. esdeut OF tie United
states should be authorised alter and abolish such NJ Inc
,ulc's ana ports OF entry should be necessary and TO
eIaO'sh TIE eusom-bouse at secure place within
V"e port or harbor OF such Stale and in such cases
7nOu pc lbe duty Of the cecor 10 reside al such nlaca
anu 70 uelah an vessels and goes until the duties i'm
posed oy law should be properly paid in cash
uouuCg INTEREST," That in such il should be uniaw-
ul 70 take the vessel and cargo from The custody of the
proper ocer OF the customs, unless by process from the
ordinary judicial tribunals OF The United Stalss and that in
case o. an attempt Otherwise 10 take the property bv
oCe 700 great TO DE overcome by the Oft GERS Of the Is