Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1866-02-03
SPEECH OF HENRY BERRY, ESQ.

following speech Of Henry Berry, of JEFF
ferson County, Yves, Virginia, delivered
in HE House Of Delegates Of Virginia, in
the session of 1892 AMI 1888. on Multi
fcation, Secession and Stale Sovereign
ty - t,-
Mr.. Chairnan-i presume we all here
agree in one obj"c, at least, ,hatis, to
preserve the Union-we all desire # pos
slble 10 arrest South Carolina in her mad
aud dangerous career-we only differ as
10 the means Of efiec,ing those purposes.
objec,to The report and resolutions OF
the select committee OF 81, in The gener-
al, and in detail ohjec, TO them in the
general, because their whole tendency Is,
TO take sides with South Carolina, and
agains, The President, in this impor,a
and deeply acltaing question; TO put
Soath Carolina, almost in the right, aud
to pui the presiden. decidedly in the
wrong. On this question think, in all
essential points, the Presiden, is IN the
right, and South Carolina is decidedly in
the wrong, and am satisfied that this
will be the verdict of the people OF Vlr-
ginia,
The rePor, and resolutions are deficient
in perspicui,y, simplicity, aud torce-and
are well calculated 10 mslead the people
Of South Carolina, and the people oil
Virginia also.
object to The 4lh resolution because
consider IT 10 be circu,ous and indirect
~ ode of declaring the tariff laws uncon-
s,liUiional.
Is this House prepared TO declare IN
broad terms, that Tue tariff laws are un-
constitutional presume not. The
powers TO regulate commerce, and to lay
ImpOsis or duties, are given TO Congress
hy the Constitution of the United States,
without limitation or restriction, except
that the dulles shall be Uniform through,
out the United States. These powers
NAV be abused. and if gentlemen think
hat they have been abused, II 10 well to
say 80. But this circunlocution tends 10
as the general declaration, that the tariff
laws are Unconstitutional. v hat is the
legitimate cons, quence is, that those
laws are absolutely VOID, and our citizens
will next be told that they are not bound
by those laws.
Can those who supported tie embargo
law Of Mr.. jefferson, a law which sus-
pended all commerce. say with consl'ten-
cy, that the present tariff laws, which on
ly impose restrictions upon particular
branches Of commerce, are uncons'l'u,
nonal The abuse Of clearly given
power, does not make the exercise of the
power unconstitutional. Congress might
abuse the powers of declaring war, Of
raising standing army or a navy. bu,
lIia, would no, make the exercise Of those
powers Unconstitutional. II Congress
should exercise a power not vested IN
them by the Const u'ion, the act would
,hen be unconstitutional. and The J1di-
.ciaIy Department would pronounce 'he
ac, void. ltis needless however. for me
to argue this question, it has been abun-
dainty discussed by the abesi men 10
The United States, and ough, now 10 be
considered as se,,Ied. ..
The 5h resolution aflirms tha. we can
never acquiesce in the present system OF
duties. What is meant? Shall we re-
sist the laws? Shall We resist them by
Notification, Secession, or Revolution !?
The resolution declares further, that il is
essentially necessary to The preservation
of the Union, that the present tariff shall
be speedily reduced to :he revenue stand
ard. Will we dissolve the Union if it be
not thus reduced? Will we justify any
other State in doing so? presume, the
people Of Virginia have no idea Of adapt
ing any such measures as these.
The 9th resolution authorizes the in
ference, ,hs, il South Carolina had defer
red her measures until later period. we
should then have justified them. con-
ceive that The people Of Virginia will not
consenl 10 nullify, secede, or dissolve
This Union in any way, at any time, on
account Of the present tariff. they will
not at any time justify any other State in
doing so.
The 9Th resolution in effect charges,
and i. has been repeatedly charged in the
course of This debate, That the President
has affirmed in his Proclamation. that the
people of the United States acting as one
aggregate community. adopted the Fed
eral Constitution. This appears 10 me
10 be most strained and unfair construc-
,on OF the language in the Proclamation
The people Of The United States formed
the Constitution, acting through the State
Legislatures, in making the compsci, TO
meet and discuss lis provisions, and act