Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1849-02-16

y
Interpreters Of constitutional law, each with ~
or to decide for itself, and none with auhoriv !.
bind any body else, and this constitutional Law A.
only bond Of their uuiOnl What is such sta,sJ
things, but mere connexion during pleasure a. ~
uge the phrascology Of the times, during G.i,,,
And that feeling, too, moi the feeling Of the pegI
who established the constitution but the feeling
the State governments. -
And, sir, how futile how very futile Il Is, to adj,
the right Of State interference, and then save r.
the character Of unlawful resistance, by addinetsn
Of qualification 20 the causes and occasions lear-
all these qualifications, like the case ITSELF 10 \
discretion Of the State Governments II must 4,
clear case, il is said, deliberate case; papals
case dangerous case. But then the State |. m
left at liberty TO decide for herself what Is re-
what Is deliberate, what is palpnblc what is dang.
Gus. DO adjectives and epitheis avail any thu,
Sir, the human mind is so constituted, that theme.
it, Of 10th sides OF a controversy appear very ee,,
and very palpabe, to those who respectively es,oso
them; and TO both sides usually clearer The 10.
tr0vcrsy advances. South Carolina secs unconr,r
tionality in the tariff; she sees oppression tbsr
also and she sees danger Pennsylvania, viii
vision not less sharp, looks at the same tarif Al,
sees such thing In it--she sees It all consin
iional, all useful, all safe. The faith Of South q,
olina IS strengthened by opposition, and she h..
not only sees, but Resores, that the tariff Is palta
unconstitutional, oppressive and dangerous u
Pennsylvania, not 10 be behind her neighbour A,
equally willing to strengthen her faith by cort
dent nsscveration, Rtsslt>s, also, and gives 10 ever
warm affirmative Of South Carolina a plain dow.
right Pennsylvania negative. South Carolina "a
show the strength and unity Of her opinion HIM
her assembly to a unanimity, within seven yoir5s.
Pennsylvania, not to be outdone in this respect nor
than Others reduces her disscntent fraction 70 as
Gle vote. Now, sir, again ask the gentleman ~,
Is to be done Are these States both ripit, Il
he bound TO consider them both right n by
which j. in the wrong or rather whith has d.
best right to decidci And If he, and if l. arerr
10 know what the constitution means, and VIA,
H. till these two State Legislatures and the twep,,
two Others, shall agree In lis construction ~,
have we sworn 10, when we have sworn TO msir
tain II was foreibly struck sir, with one rvs.-
ton, rs the gentleman went on in his speech IL
quoted Mr. Madisons resolstions to prove Tia,
State may interfere, in a case Of deliberate palns
bic, and dangerous exercise Of power not grant
ell. The honorable member supposes the TART o
be such an exercise Of power; and that conseopri
ly, case has arisen in which the State NAV III
sec fit, interfere by its own law Now II 50 hA,.
pens, nevertheless, that Mr. Madison deems hs
, same tariff law quite constitutional. Instead Of
, clear and palpable violation Il Is in his Judgment
no violation at all. So that while they use his Al.
thoriiy for hypothetical case they rlsct IN De
very case before them. All this sir shows The ID.
hcrcnt-fuiilhy-(I had almost nsed strOngz
wordl-of ooneeding this power Of interference
the States, and then attempting 10 secure it i'm
; abuse by imposing qualifications, Of which d.
States themselves are to judge. One Of two tin.
is true either the laws Of the Union are beyond is
discretion and beyond the control Of the States O.
else we have no constitution Of general goverumeu
and are thrust back again to the days Of the cone
eracy
And now, Mr. President, let me run the honor
bic genilemans doctrine little into its praciical
application. Let Us look at his probable mOds p
] eranii. IL a thing can he done an ingenious man
| tall lar IA ia to an \ tsfsh he M
formed hon this State interference is to be put in
prarce, without violence, bloodshed and rebellion
/ We viii take the existing Of the tariff law
I South Carolina is said TO have made mp her opin.
ion upon it, If we do not repeal it. las We proba.
bv shall not she will then apply TO the case The
pose, pass Law Of her Legislature, declaring the
several acts Of Congress, usually called the tariff
laws, null and void, 80 far as they respect South
Carolina, or the citizens thereof Sc far, all is .
paper transaction, and easy enough. But the COZ
ieetor at Charleston Is colIectiughc duties imposed
BY these tariff laws-he therefore, must he stopped
The collector will seize the goods II the tariff duties
are not paid. The State authorities will undertake
their rescue; the marshal, with his posse, willeome
TO the collectors aid and here the contest begins.
The militia of the State will be called out TO sustain
the nulifying act. They will march, sir, under
very gallant leader; for 1 believe the honorable
member himself commands the militia Of that pal
Of the State. He will raise the MULTIPLYING ACT on
his standard, and spread it out his bannerl i.
will have preamble, bearing, That the tariff laws
are palpahlc, deliberate, and dangerous violations
OF the constitution. He will proceed, with this
banner flying, TO the custom-house in Charleston
"All the while,
Sonoroas metal, blowing martial sound
Arrived at the cusiom-house he will tell the collect
or that be must collect more duties under any Of
the tariff laws. This, he will be somewhat puzzled
to say, by the way, with grave countenance, con.
sidcring what baud South Carolina, herself, had in
that of 1916. Bnt, sir, the collector would proba.
bly, not desist, at his bidding. He would show him
the law Of Congress, the treasury instruction and
his own oath Of Office. He would say, he should
perform his duty, come what come might. HsTI
would ensue g pause for they say certain still
! ness preredes the tempest The trumpeter would
hold his breath awhile, and before all this miltarJ
array should fall on the custom-house, collector
clerks, and all, il is very probable some Of those
composing 1t would request Of their gallant com
mander-in-chef to be informed little upon the poin
Of law for they have, doubtless, just respect fOl
his opinions as lawyer, as well rs for his bravep
as soldier. They know he has read Blackstone
and the Constitution, as well as Turrenc and Van
ban. They would ask him, therefore, something
concerning their rights in this matter They woult
inquire whether it was not somewhat dangerous Il
resist law Of the United States. What would b
the nature OF their offence, they would wish &c
learn, il they, by military force and array resisted
the execuu0n IN NarOltna OF q law OF Inc Jucu
States and il should turn out, after ALL that the Law
: soas constifufionalS He would answer, Of course
treason. No lawyer could give any other answer
John Fries, he would tell them, had learned that
some years ago. How, then, they would ask do
you propose to defend u.s. We are not afraid o.
bullets, but treason has a way of taking people of
that we do not much relish. How do you propos,
, TO defend us Look at my floating banner he
: would reply "see there the multiplying ldlr! Is !
your opinion, gallant commander, they would iheI
say, that il we should be indicted for treason, tina
same floating banner Of yours would make goot
plea in bar South Carolina is q sovereign State,
lie wonld reply. That is true-but would the judg
admit plea "These tariff laws" he would 10
peat, "are Unconstitutional, palpably, deliberately
dangerously That all may be so but II the tri
bIna should not happen to be Of that opinion shal
we swing for il We are ready to die for our coun
try but it is rather an awkward business, this dynl
without touching the ground After all, that is
sort Of hemp tax, than any part Of the tariff
Mr. President, the honorable gentleman would b
in a dilemma like that Of another great General
He would have knot before him which he could
not unite. He must cut il with his sword, liz
must say to his followers, defend yourselves viii
your bayonctsi and this is war--ciyil war.
H5- The eagerness with which Mr. Polk grap'
the remnant OF power el him before he retire.
to private life, in crowding upon the Senate al
the appointments he finds it possible TO make
cannot fail to elicit general remark. 1t would
be in q better taste and eyince some little sense