Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1839-11-21
miscellaneous.
[BY R2UE Es IT,


To the Members of the Legislature OF s. Carolina
GEsTLEnEN-You will shortly he call
ed upon 20 act on proposed measure Of
Legislation, deeply involving. directly and
prospecrively, the rights of every citizen.
Some men of our community, infatuated
by blind aud undislinguishing spirit Of
humanity, with inUre of zeal than cool
Judgment, would have you, by one "lell
blow" TO sweep away The radical ele-
menl of liberty in these States, and that
fnr which Carolina herself has made noble
sacrifices. Will YOU submit to be made
The agents Of inficting on your fellow cili-
zens, and ecen on your petitioners and their
posterity, constitutional wound, which
Northern avarce, with its concentrated
and systematic energies, could moi perpe-
tralc! Your voice was heard, ringing
loud and long. that The Congress of the
United States, derived from the Consitu-
iion no shadow of right to institute any
prohhilory law. except on The imporla-
lion of slaves after 1908. And was not
This the ground on which you built your
opposition to tariff exac,ious! That is,
that exorbiranl ilnposts were in their ma
iure q essence protective. if so, prohibitory,
and consequently Unconstitutional, Your
state documents embodv this as your creed.
You. then, must believe that Congress
has no power, if il would, to prohibit the
importation of any commodity, not even
spirits! This capital article of your pollti-
cal faith, and that on which our state has
acted Tor the last ten years, demands your
unllinchins support; or else you are bound
honestly TO discard it as heresy. Now,
if Congress have mt the right Of prohibi-
ton, any sensible man must see that 10
stale in ike Union can possess such right
because the erriusipe regulation OF COM
merce, is lodged i'll Congress. You, cah-
no, then, as legislature. prohibit or even
by tax prrrenl the importation of spirits,
brcause rllc tax which is preventive, aud
moi simply and sinsly for revenue purposes
is in its intent and essence prohibiIory -
Now to the advocate of prohibition |
would say, will you make that constiIu-
,ional when done by State, which you
pronounce unconstitutional when done by
Congress! But you may be ready to say
.'the powers not granted are reserved to
the States, Or 10 the propic." True. yet
let me tell You that you are not the State.
uor are you the people! These reserved
rights; are still pith the people, who, ifthey
would, cannot grant single power para
mount to the Federal Constitution aud
as the United States have imposed thls
fundamental Law on the people of each
Siale,so are you bound by the powers con.
6ded to you. You, as legislators, have
no reserved rights, either by yourselves, or
from the people, and are Limited by The
express powers of your commission. till
fhose powers he extended or enlarged.-
Ym cannot, then, depart, one hairs breadth
from the Constitution Of this State. Well.
then, if il were unconstitutional in Con-
gress TO over lax commodities. for preven-
tive purposes. il is equally 80 in State
Legislature, whether that tax has relation
to articles imported into, or consumed III
State. Overimporration State has no
power. except on slaves, concurrently,
with an express provision in the Federal
Constitution. Over the things imported,
Stare can institute, regulation, but not
prohibition. either directly. as by all express
law, or indirectly, by preventive tax
If The Constitution Of this State warrants
an express law to prohibit an article Of
commerce, in which there is capital and
labor, | should be glad to be pointed to the
clause and, and. as TO preventive tax,
it already, by State documents, and the
action of The state on them, is recognized
as virtually nothing more or less than
prohibition Now, if prohibition BY Con.