1^ 
 
It-' 
 
 jr i,., ,,J JANUARY 1833. 
 
 THE REMEDY 
 
 By 
 
 BTAT^ I^TI3HPOSITSON, 
 
 OR 
 
 EXPLAINED AND ADVOCATED 
 
 CHANCELLOR HARFER, 
 
 IN HIS SPEECH AT 
 
 COLUMBIA, (S. C.) 
 
 ON THE 
 
 '/'At/e ;s »i..3!-f danger in the delay than in the stfongesl mtasiive'fi 
 '■k will probiibhj be adopted. Iipeak at a lover ofpcac fird 0fi!ie 
 
 "■' ^^nimis Opibusqtte Parati. 
 
 ■rKtrGD SY THE STATK RIGHT* AND FREE TRABE ASS^Cl.VI.'i":', 
 
 CHARLESTON: 
 
 GRISTED BY E. J VAN BBByt, 
 
 A'*. 121 East-Bay. 
 
.3 
 
 
CHANCELLOR HARPER^S SPEECHi 
 
 It has generally been thought, and fitly, that it is inconsistent 
 with the decnruui which ought to belong to the character of a Judge^ 
 to be active in party politics. But I cannot regard the subjects now 
 ISefure us as matters of party politics. The interests of the whole 
 state to which my services are due, and still greater interests, are in» 
 TolTed. A Judge has the feelings and interests of a man and a citi- 
 zen. It is not within the range of probability that I shall ever be 
 «jalled to actor decide officialiy on a.iy of Ihe topics which are now 
 oanrassed, and I csnn«t think it indecorous that I should endeavour 
 to explain and enl'orce opinions, which I had formed and avow«d 
 long before I was invested with my present character. I am the 
 more encouraged to do ?.o, as I am fully persuaded, that most of the 
 differences of opinion which exist among the citizens of this state, 
 (I mean those whose opinions we should respect or value^ have 
 arisen, as most human diflerencesdo arise, from mutual misconcj'p- 
 tion. I believe that the objects of all are the same, and that when 
 the opinions iif those with whom I asrree are fully understood, the 
 whole state will be found cordially and harmoniously co-operating 
 in tiie pursuit of tliosf objects. 
 
 T!ie topics before us are the evil and Ihe remedy — what the re- 
 medy shall be. ind how and when it shall be applied. On the sub- 
 ject of the oppression which the south suffers from the legislation of 
 the General Government, I shall say but little. This is a subject on 
 which '.ve are all agreed, (even those who exclaim most strongly a- 
 ^ainst the danger of the measures we contemplate to rid ourselves ot 
 tbi- oppression, J and the details which would be necessary to a 
 Thorough investigation of it are hardly suifed to a popular assembly. 
 I shull only beg leave to present a few general and as it seems to me 
 .ilain and obvious views. Even the author of a pamphlet which ha.<3 
 been lately written and which is circulated fir the ostensiole purpose 
 of allaying the excitement which exists in the state and persuading 
 us that the evils we suffer are not so great but that we ought t'l sub- 
 mit to them, and ivhich therefore naturally extenuates as much as 
 J'airness will allow, the burdens nu'ler which we labour, supposes 
 that South Carolina pays naif a million annually for the purpose of 
 pr tf cting manufactures nione. He supposes however thit the pec- 
 p'p of Ihe manufacturing states are equally burdened in proportion 
 fo t'.-ir consiimjilisn of imported and jirolected articles: choosing 
 io leave out of view, that whatever their bardeng may be, by their 
 
4 
 
 ci-wu ackucwledgetnest in adhering to (he system and d«oQandiiig> 
 its extension, those states are more than indemnified for tlmm. aotj; 
 tberefoie Ihat in effect the south alone is burdened. The author 
 says further, " tliat the prospective injury from restrictions un our 
 foreign commerce threatens the most pernicious inequality, and if 
 ijarried out to the point of prohibition, will probably be attended 
 wiih ihe depopuialiiin and abnndonnient of the whole lower region of 
 the >^outhern States." He adds " we should consider it a le-s evil to 
 Mave !lii«systeni, witii all its attendant losses and protpedirt risquis, to 
 tieparation of the dilates." We are liappy to believe that llif losses 
 and risquns can be prevented without the danger of this 9e)v.iration. 
 
 I n:ii among those who believe that the losses and dangers impo- 
 sed tind threatened by the American System, instead of being exag- 
 jeriiled have not bi-en fully estimated- 1 ngree with those who e.t- 
 Pinia'e at the highest our present pecuniary ourdens ; I believe that 
 fhe south has been cheated out of the bounties of nature, richer than 
 aver were bestowed on any section of the earth, by the policy or 
 (he iclfish instincts of man ; I believe thnl the continuance of Ihe 
 system tends, not doubtfully, to the total destruction of our cim- 
 ■leroe, to the subversion of our domestic institutions, and in the 
 %»0!ds ol the author I have (|uoted, to " the depopulation and abaa- 
 ienmcnt of the vrluile lower region of the Southern States." 
 
 But it is not of these miittcs that it was ray hint to speak. I pre- 
 pose to go mfire fullv into ihe question of the renicfly. More thaa 
 seven years have elapsed since our remonstrances and clamnuw 
 have been heard against this system. H"w have we been answer-' 
 ed ? By neglect and contempt, and the ipiposition of fresh burdens. 
 Wtt are told that this is not the time to aci : new hopes are opened 
 lt» us — the TarilFis to be broken down in detail, and the President 
 has imposed his veto on certain acts of inte'-nal improvement. Fel- 
 low citizens, if ne can be corlent to follow such ignes fatui liiey 
 will lead us on forever. The modifications which liave been made 
 in the Tariff have only made it m.)re satisfactory '<o the manufacttt- 
 ring states. The President avows himself in principle against us, 
 and will only impose on the majority Ih- necessity of looking out 
 for more plausible objects of expenditure. Two yearsago we were 
 told to waif for the election of a Piesident and a new Congress ; 
 now we are told ti» wait fur the payment of the national debt, rtnch 
 encouraging appeaiances will not be wanting for twenty years to 
 come, if we are willing to be sooti ed by them. V\ e may ch. ose 
 here to hope against hope, but what voice has lome out of the m nu- 
 faduiiiig majority to enrournge our hope? What member of Con 
 gress has intimated Ihat his opinion may be chanL-ed'? What rirw. 
 paper, north of the I'dtomac, has told of change of publii sentimen*. 
 or spoken of an abandontnent of ihe p^'liey as a ihinc; wiitiin the r - 
 fiiotest range of probable events? The manufHtturers tell u- Ihiy 
 have nailed their color to the mast Have not Ihe majoi jty agaiet 
 us grarlually strengthened since the pe.licy vi. as adopted ? and ao 
 Bol new interests daily enlisted against us? We are tohJ we s-ii'i 
 jaiii Kentucky. I V)elieve i\, for Kentucky is identified wiih us-'i 
 interests and feelings, and must be with is sooner or later. But wl't 
 aipnilie^ Ihe gaining of an ontpost, when the main phplanx is (!eep«- 
 inp. a id s'rengthening r gainst us. The states Horih of the Pet niJ. 
 and 1). s( north we < >( the Ohio, which i: nsl be i(ienlified wh 
 them, eonstitnte a suficient majority to porp ©taato ttia system' 
 
'fitieee are daily becomini^ more unanimous. Evea if tba |ieop1a qf 
 tlii'se states were not henefille^ by (he American System, as I be« 
 iieve, lliey are to ai> immense extent, they would not permit the ia- 
 teres's of a large class ot their felluw citizens to be utterly prostra- 
 ted and destroyed What do their representatives tell us of the de- 
 solaiiun that would overspread them if the system should be aban- 
 doned ? It is no Exage;eraled picture. If the unnecessary expendi- 
 tures of the jiovernment andthf bounties on manufa<tures, amounting 
 to millions, were withdrawn, the suffering would be as severe as can 
 be conceived in a country where there is not a want of the physical 
 necessaries of life. Will men voluntarily reduce themselves to sucli 
 a sitUHtion ? No ? The majority w ill give up their policy when they 
 laws', and not before 
 
 I should perhaps be more disposed to delay and wait upon events, 
 rf I thought, as many seem to do, that disunion and civil war were 
 likely to be the cons.quences of any course of action that is likely to 
 be pursued— nay, if I did not brliere, as I most fully do, that there is 
 more danger in the delay than in the strongest measures that will 
 prohably be adof)tpd. I sneak as a lover of peace and of the Union; 
 and I know that I speak the sentiments of those who concur with 
 mft as to the coiir-;e to be pursued. Are these professions sincere ? 
 Are we false friends to the Union? Have we covert designs which 
 we dare not avow ? Are the distinguished men whp are foremost in 
 exciting us to action, whose honors are connected with the Genejal 
 Government, or who have refused its honors, implicated in such de- 
 signs ? The>e are ques ions which they perhaps ought not to answer 
 lor tliemselves ; but I would recommend to you, to watch closely 
 those who offer you thei councils in the present distracted stale of 
 atiaifs; detect their motives of intfrest or ambition if they are ac- 
 tuated t>y such : understand thoroughly and weigh deliberately the 
 naeasnres they reirom aiend to you - and then follow firo^ly the course 
 of honor and of liberty, and of safely and of union. 
 
 The measure at present under consideration is, the calling of a 
 Convention of the people of this state. There are advantages in 
 this measure, whatever course such a body mav pursue. A wider 
 selection ot the talent, information and experience of the state may 
 be made than for the legislative body. It will satisfy the scruples of 
 those who belive that only legislative powers relative to the inter- 
 nal concerns of the state have been committed by the Constitution 
 to the Legislature ; that to determine any thing which respects our 
 relations with the General Government, does not come within thia 
 elass of powers, though clearly appertaining to the sovereign au- 
 thority of the state, which will be represented in Convention. It 
 does not follow, that the (llonvention « ill ac* promptly — it can hnrd- 
 Jy be supposed that it will act rashly. It will not, in all probability, 
 meet until the adjournment of the ensuing session <>f Congress If 
 the hopes which are held out to us shall appear to have b ightened, 
 it may have power to adjourn to a more distant day. In the mean 
 time, it may communicate with the G ncrnl Government, or with 
 eur sister states of the south nnd certairdy will not take any decisive 
 step till it shall beconie inevitable. 
 
 Those who oppose a Convention, do so because it will be nugt- 
 toiy unless it shall result in a nullification (a-s it is called,) nri'lthis 
 they ihink equiv ale t to a secessioi from t e Union, and fear cifil 
 
 irar will follow. I will not eCTeet to disguise my own ojiiuiCJh 
 
Ci«agk aliler siaa any dldfer from qp, that if all other efibrts tai!: 
 the soTereign power of the state ought to interfere for the purpose 
 of arrest in^ the operatioa of the ancoastitutional laws of which ite 
 complain ; (bus cocnpeiling the Gsoeral Governraeat to abandoa its 
 •p. r to applv 1 1 a Coaventioa of the states for the 
 
 po-' .-. by a To!e ot three fourths, an express grant of 
 
 the ...;.■.._..- .. cl-iims. I believe this coarse ti' be necessirr ; 
 I beiieve it to be constitutional, aad that ! be state may adopt it witti- 
 oat reliaquishin^ her character as a oneoiber of the Uoitin ; I believe 
 il to be safe and peaceful. 
 
 It has been often remarked that the simplest tniths ai-e the last to 
 fee; - iied It is difficult to illustnte them. Men cannot 
 
 be ire is no mere in it than this: And such I conceive 
 
 to 1;. . . ,,. jsition that the sovereign power of the state has the 
 
 right, consisteatly with the Constitution, to arrest the operation, 
 ^tliin its oi«^n limits, of a law which it shall judge to be anconstita* 
 tiooal un'il the disputed power shall be expressly granted by a vote 
 ot thre«^ foarlhs of the slates or of a convent on. ?fo proposition 
 would seem to be more siniple - it of .Mr. Madi- 
 son, that where no resort can 'inal, the par- 
 ties to a compact mus: decide, i-- -- -- -jt resort, whe- 
 ther the compact has been pursued or vioiaied. Nothing would 
 feem more obvioustiian that the constitution of the United states is a 
 compact between sovereign states, each with the rest: and nothing 
 WDold seem more obvioos to a nhin understanding than that the 
 
 "jc-:" • ■ ■ - - ' ' i', superior to the parties tfaem- 
 
 ;• i: except thit three fourtus of 
 
 the ^ _ 2ake or declare what th»ry will 
 
 To be part oi me constitution. It nas been the course of our coun- 
 sels however that cc^istitnTional rights have been thesport of s«>phi«fs, 
 end word mongers. Verbal deductions, oc distinctions, or coineid«n- 
 ces have taken the place of substance and reality. Such I conceive to 
 be those who contend for the constitutionality of the Tariif law be- 
 eaase it 12, in terms, a law laying duties and imposts and sucii those 
 appear to me to be who denv 'bat the constitution of the United 
 States is a compact between so vv reign states, because the Genera] 
 Government for certain specided {.urposes may exercise the power? 
 of a consolidated government and tyecause the words " we the peo- 
 ple" occur in the preamble to the constitution. Is it intended to 
 be denied, that, previously to the formation of the constitution, the 
 averai states were sovereign and independent * that the people of 
 each state as a distinct body pnlitic adopted the constitution, and 
 ■were free to adopt or reject it .' that they remain sovereign states 
 tj?r all purposes for which they have not delegated (heir powers to 
 the General Government? that if by any circumstances the Gen- 
 eral Government sboald be dissolved, as it might be, they would 
 reoain sovereign states, and might declare war, make peace, cr do 
 any other act appertaining to sovereighty ? These things may have 
 bca denied : bat I shall not think it necessary to contend with 
 those who deny them. 
 
 I suppose it will be conceded to me, that the power in qaestion— 
 :kat of interpreting the Constitution, deciding 00 the constitotionali- 
 :y of lawj. and determining the boundaries of power between the 
 General and State Gevernments most reside some where It must 
 eliber H^oag \» tke rkvl* 6«a«r«} SovemKeat, each dep«naest 
 
deci jiiig tor itself within its own province, or io seme paHicuiar Je.- 
 pailnaent ot the Government, or it must remain wilh tlie slate* l» 
 decide for tiieniselves, whether their just po»vers have been invaded 
 by a law of the (ieneral G »vernmeiit. I suppose it must be conce- 
 ded tome, that if this power belongs (o the General Governinani, or 
 any department of it, it either must be s^rnnted by some express pro- 
 vision of the constitution, or it must be implied, as being necessary 
 and proper to carry the express powers into effect It implied, it 
 must be either from some particular part of the constitution, or irom 
 the vvhoie structure and character nf the constitution, or result fiom 
 the nature of Government in general. 
 
 A grant of the power in question has been claimed for the judicial 
 depaitment under that clause of the Constitution of the United 
 Slates, which declares that the Constitution and Ihe laies made in 
 pursuance of it. shall be the supreme law of the land ; and that n hicfa 
 provides, that the jud cial power shall extend to alt cases of laic and 
 erfuiti/, arising under the Constitution and law= of the United Stales. 
 To these clauses, Mr. Webster refers the grant of the power ; and 
 the distinguished jurist of L^uisiana, Mr. Livingston, agrees with 
 bim, thnt the power in question belongs to the Supreme Court, in 
 cases which the forms of the Constitution will allow to be brought 
 within its jurisdiction, but in other cases he thinks there is no ar!)iter 
 —or in other words, that the Legislative departinent is the judge in 
 the last resort of the extent of its •mn powers subject only to pub- 
 lic opinion, and to the natural right of resisteace in case of aa 
 abuse of power. 
 
 It is plain enough that if the General Government msy make laws 
 and appoint tribunals to administer them, these tribunal- must neces- 
 sai ily. as the Constitution is the Supreme law. in deciding its eases in 
 law and equity, iiave tiie power, inciltJitally. of determining wlielher 
 the la,\s are conformable to the Constitution. But it would hardly 
 occur to any one, whose habits did not lead him to refine on words, 
 that this has any relation to the question we are considering, or that 
 this incidental power makes those tribunals the supreme arbiters of 
 the relations between the Federal and State Governments. I believe, 
 if those clauses, which are relied on as the express grant of the 
 power, were struck out of the Constitution, the Supreme Court 
 T¥o*ld possess exactly the same authority that it has now. The 
 adopting of the Constitution, which gives the General Government 
 ihe exclusive power of makinsj laws on particular subjects, does 
 seem directly and necessarily to imply, that those laws, when made 
 in pur-uance of the power, shail be supreme. -At all events, the 
 clause declaring that the Constitution 3:id the laws mHoe in pursu- 
 ance of it, shail be tne supreme law, would, of itseli". conclude no- 
 thing. The question would still recur — who shall judge whether 
 the laws are made in pursuance of it. I am sure the Supreme Court 
 would possess exactly the, same authority that it has. if the other 
 clause, giving it jurisdicti in, were struck out. If the Government 
 may make laws, and establish Courts, it i« a u^glter of the strictest and 
 most necessarry inference that the Courts may determine cases 
 arising under the laws, and withi« the territory over wl)ich the laws 
 operate. The clause was necessary for the purpose o( j^iving juris- 
 diction, in cases where it would nut have been possessed of course 
 — ns between citizens of different states, &c. ; but was utterly super- 
 S'lQUs, for the purpose of giring jurisdictien in cues artsios witbrn 
 
8 
 
 Ibe tenitory, aud umler the lairs and CoDstUuiioa ef lbs Uiiite^ 
 Slater. 
 
 If, hccording to ihe 'uJen cf Mr. Livingston^ and in his v*"id-5.* a 
 clause liHd l)t-eH inserled in the Conslilution, restrving the [)«w<r 
 which we clHini to ihe states, would it have occurred to any one 
 th. t IIhtc «b3 any incompalihiliiy hetweeii that reservaiion and ibc 
 «ier«ise of the i-owers granted by the clauses in question? .Might 
 <hey not have had full operaiion and effect ? and shall it he said that 
 recurds are a arant of p luer, when they may have iheir full i-tfect, 
 notwiilisiandiiig the express ri'servaiion of the power claimed to- 
 havi- i.eei' granted 1 Would it ''ave oiistf d the Supreme ("ourl of 
 ar.y jurisdiction ? .Might it not siill have ^oni; on to dncide all the 
 specified •• cases in law and equity." and to declare the law ajiplica- 
 ble to them ? The only consequence would have been, that in cases 
 arising within a particular slate, which had arrested th«r operaiion 
 eia law, they would have been under the necessity of foilowinji the 
 interpretation of the Constitution given by llie rompelenl authori- 
 ty Most of the states have adopted the Common Law and some 
 f;f the Stalules of Enghuid. In all. I hey have been in some degree 
 diffeiently interpreted, and yet, in cases ari>ing under the laws of a 
 state, the Couri« of the United States hold ihemselve- bound to fol- 
 low th« interpretation of the state authorities. Of ihe confusion, 
 mischiefs and embarrassment, which would have resulted fn)m thie 
 State of things, I shall have occasion to speak again. The truih i», 
 as observed by Mr Jefferson, that the Constitution no more com- 
 Bjifs the interpretati.in of the Constitution to the .fudiciary, than to 
 ■ny other department of thi' GoTernmenl. Each is hound by the 
 Consul uticn, and each, in the exercise of its powers rousi determine 
 for itself, incidentally, wliKf the Constituli )n is Indi ed the f oc- 
 slitution no more commits the interpretati in of itself to the Supreme 
 Court than to Ihe Couris of the slates. The words are, '• the Judi- 
 cial power shall exUndlo all case« in law and equity, arising under 
 this constitution, the laws of the United States. &c." and does not 
 the jurisdiction of the Slate Courts extend to cases arising under Ihe 
 Constitution and laws of the United Stales? Are these less hound 
 by the laws and Conslilution ' Is it less their duty or less within 
 their (irovince to decide on them and determine what lawrs art in 
 pursuance of the Constitution .' It is hue that this authority hns been 
 pec'diarly arrogated to ibe Supreme Cuurt — not t)y warrant <>f any 
 Ihing to be found in the Constitution i-self. hul by means of that lav/ 
 which declares that there shall be an appeal from the courts of the 
 last resort of the several slates, to the Supreme Court. Unques- 
 tion ibly there is no express or direct power to this f ffect in the 
 Co siitn'ion. I shall ag,ii'i enquire how far it is implied, pr neces- 
 sary to larry into efFeci the granted powers. 
 
 I am almost ashamed to have said so much on the subject of this 
 
 *" Whenever in the opinion of one State, a law passed by the 
 Congress, shall be deemed uncons'itutional and dangerous, sncb 
 State mav prevent its ese.uti.>n, a rirl the President and the Courts sliall 
 forbear to enforce Ihe same; but CoiiLTess hall in that ca-e. if they 
 persevere in thinking the law xpedien', '^ubinit the que-tinn as an 
 »me dmeii' to Cohvent»o»s of the States in Ibe ocaaner prescrib^t? 
 hj (be ConstiiDtioo.^' 
 
graBt ofpower to tbe Judiciary in a public assembly of Soulk-C'an?- 
 linR, wliere we arc in the habit of cnnvassiiig these topics, and whei-e 
 eren those who Jiffer from us in our views of the Consiitiilii.n lias- 
 ten to disclaim hnvitiglhe absurdity imptiled to them of supposing 
 liial any such jiower lias been granted to the Judiciary. Yet these 
 are the arguments of leaders! — of those who sjieak the Toice of 
 States and parties! I verily believe thai these views prevail over 
 Hiore than half the Uniled iStates. Legislatures have annoutieed 
 them ; ana liy this sort of logic you arc lo be reasoned into acquies- 
 cence that you have a government without litoitat on of po\Ters. 
 
 But let us leave this war of words, and consider the more impo- 
 sin}^ views of those who think that the poTfer in question belon2;3 t» 
 tbe whole General Government, each department deciding for iiiself 
 within its own province, and who do not claim this by virtue of any 
 spp' ific grant, bat as the necess-iry result of the whole structure of 
 eui jiaiticular Government, and of GoTernmenl in General. Such 
 are p'ainly the views— though not t'ul'y ex; re:<sed — of a distiiiquisfh- 
 edri'izen, whose written sei.tinienfs will be communicated to youj' 
 who, while be is with the foreuiosi in his sense of the injuries \?hick 
 the ;-iouth sustains, and in his promptness lo take decisive measures 
 for their redress, jet diff^^rs tVfiM us as to the course of action vte re- 
 commend ; asid to wiiose soiiiid. clear and compiehonsive mind, 
 an(^ lio."'est and patriotic liearl. I could .ilmost concede any thing 
 but »jy own clear conviction of truth and right. 
 
 To this effect arc th^ir nrgnmenls : The power of deciding for it- 
 self on the r-ODstitutionalily of its own acts, is necessary to the exis- 
 tenfip of Governnient. ijovernmenf would be impracticable if its 
 opeations wsre liablf to he suspended at the will of a small poifion 
 of iis rilizens; who might often exercise their [unTer capiicious'y. 
 and would, in eflect, under colour of arresting an unconstiiuiioua! 
 law, have a veto on every act of the Government. That this is the 
 eominoo uiulersta'iding of mankind: every civilized nation in the 
 world lias some Constitution, J'.nd in none of them, unless in a fc\T 
 where specific checks are provided, is the Constitution ^uardi d by 
 any thin,,' elsi- liian the intelligeufe and sfiirit of the people; the 
 force 0:" public opinion, and actual resistance, if Jliat oi)inion shall 
 be disregarded. This is the legitimate Iribun ,1 in the last resort, be- 
 fore uhi'h the Mcts of Goveruineut must be tried. It would be as 
 absurd to say that every citizen ol a Slate, being a party to the con- 
 stitutionel compact, might decide for himself in the last resort, on 
 the constitutionality of laws, and his ri:iht to do so might be vindi- 
 cated by the «ame sort of reasoiiing. The Constitution gives t< the 
 General Government the [lower of making laws, and of carrying 
 them into execution ; and makes no provision for their being arreg. 
 ted b,\ the State. Can it be ihoiight, it it had been intended to re- 
 serve such a power to (he States, thai nothing would have been 
 said concerning it in the Constitution? ano does any one in good 
 faith believe that such were the intentions of the framers of the (yon- 
 stilution? Such a construction would render the Constitution a 
 mere treaty. If the power in the States were recognized, it wi'uld 
 in fact, be Disunion — the confed rated Government could not ans- 
 wer the purposi^s for which it was insliiuted. It would reduc" u- to 
 the (li-itracteil and miserable condition of the old confedei-Hcy. Or 
 if not at onct' to Di-uuion, would iiievii.i(il\ lead to IJisu.iio , oy 
 (be dlKcshies and animosities it woald engeader. It woald raiideT 
 
10 
 
 ^he Union a " rojse of saml /' the Consdfutidti would be only heacis 
 of out ntion to a (li-rputatious people " Do I sliile thosi* views 
 full V and fHJrly ? I hope so. If I knew niiy force of argument, or 
 illustiwlion to ndd to llitir sirefigth, I would willingly employ il. I 
 wouid make (he etruclure as strong; as possible, for 1 know that fire 
 tfirect blows can hamuier it to atoms. 
 
 Jl«ny persons are startled when it is proposed to them that a 
 single Stale, a small jiorlion of the people and territory of the 
 Union, has power to arrest the operalions of the Governmf nt of 
 the whole confed«rar,y. They rpjard it «s something unprete- ' 
 dented in Governmpnts, and, as I bef»re remarked, as absurd as 
 the notion that any iiidlTidual member of a «onsolidHted Govern- 
 Dicrit should arrcgale to bimsslf the rif^ht to judge in the last resort, 
 Tvhather he <i as bound by the lavfs of his Government, '['lie sur- 
 prize i» perliaps natura? ; but such persons do not call to mind that 
 •nr Federative Government is itself an nnoKaly, and unprecedent* 
 ed among tlie Go\-prnmeoi» which have existed. For certain 
 specific purposes it hss been inrested with the character of a con- 
 solidated Governmrp' : it may, by meant of its tribunals, operate 
 directly on the pergonB, property and rights of individuals — for all 
 other purposes it was intendtd by the (^institution to remain fede- 
 rative. Our Mfttiona are .^-ftnerslly drawn from the examples of 
 oorisolidated r/overnnients, which are those s'^hich have eoiumoa- 
 jy existed in tiit wi>rld. Confeder»tioi!S have been rare, and with 
 many of their f'oiistilutions, V/e are rt^ry ImperfBctly acquainted. 
 In a purely fcun-ative Government, there could be no question at 
 all about the princijde for vrhich w., caniend — that each of the par- 
 ties would have the right, as eapressed by Mr. Madison, of judging 
 for itself in the last resort, whether the federative compact had been 
 pursued or violated. When laws were passed or requisitions made 
 by the common Government, and the members of the Confedera- 
 oy were called upon to carry them into effect, the first question 
 presented to them would of course be, whether the laws or requi- 
 sitions were in pursuance of the (compact. If they were judged 
 not to be so made, by any mCiiiber, it would be of course, that it 
 should refuse to c^rry tlit-m into effi'ct. It would have the Consti- 
 tutional poirtr and right so lo judge and decide, whether any thing 
 were said about it in the compact of Confederation or not; and 
 though, if the other members should think the power wrongly and 
 injuriously exercised. llii« might be cause of excitement on their 
 parts, and perhaps justify them in receding from the Compact, they 
 would neither have Constitutional right nor means of carrying the 
 pro|iosed measure into effeet, within the territory of the diss«ntinf» 
 niember. 
 
 The case stands very differently in a purely consolidated Govern- 
 inei't. There it is of the strictest and most absolute necessity, and 
 (J a tiart of the Constitutional Compact, that the judgments of its 
 tribunals si ould be final and conclusive between the Govrrnment 
 and its citizens The action of such a Government, so far as Its 
 subjects or citizens are concerned, is only fell by its operation on 
 the rights and interests of individuals. The objeit of practical tri- 
 buHBls is, to determine on the right of individuals, and wh'>n the 
 Constitution b- $ provided a tribunal i-i liie last resort, it is of course 
 part vf the Compact that its judgment shall be coni:lU£ive. Th£!« 
 
u 
 
 is autiiing beyond thia, but public opinioB aad (fae right of reautaace 
 to onprcssi'in. 
 
 Wrt (Jo not deny that tli9 judgments of the isuprenie Court trt fi-. 
 nal and conclusive on the matters cominitled to its jurisdiction, ani 
 bind the individuals whose rights arft affectrd bj fhem. We give 
 (his effect e?en to (he judgmeuts of llie tributials <<( fdreign coun- 
 tries. To determine the rights and dutie* of parlies before tiieiu is 
 (lie function of Courts, and their whole function. But besides af- 
 feciinjj the rights of individuals, (lie laws of the United States have 
 another operation, orer wiiich judicial tribunals have no power of 
 arbitrament — affecting the sovereignly of the Siates, and checking 
 and restrictiug the operation of their laws. The laws of our Slate 
 fiovidi* that a citizen shall not be restrained of his personal liberty. 
 The law of the United States, authorizinir the enlistment of soldiers, 
 restricts theeflfect of that law. and furnishes a warrant for his detain- 
 ment It is a violation of the laws of the State that you shoulel 
 aeixe and detain tlie property of a citizen till money or a bond bs 
 extorted from him. The laws of the Federal Governm*'nt autho- 
 riee this for the purpose of enforcing payment. The Government, 
 by virtue of the Federal Compact, has power thus to trench on the 
 sovereign authority of the States and restrict its laws, by its own 
 laws made in pursuance of the Coiislil>jtion,and by none other. The 
 sovereign States have authority to go onto execute their laws, made 
 for the protection of their citizens, restrained y the Federal laws 
 made in oursuance of the Constitution, and by none other. Which 
 shall judge ? This is the very pivot on which the controversy turns- 
 Thai to which power was delegated, and which is restrained front 
 usinR «ny power not granted expressly or by implication ? or that 
 in which it is •rigins! and inherent, and has reserved to itstl; all 
 jKiwer which it has not gi anted away.^ Show me the grantor make 
 ont the implication ! When you tell me that while the Coristituiioa 
 has given Congress the power to make laws and earry them into ex. 
 pculion — judging, of course, in the first instance, of their constitu- 
 tionality — it has made no provision for arresting (lieir operation, I 
 reply, that anterior to end independent of the Constitution, the 
 States had full power (o execute all their laws ; by becominf; parties 
 (0 the Constitutional Gonipact, they consented to be limited in the 
 exercise of this power by laws made ifi pursuance of (he compact 
 and none other, and (hey have n^ver surrendered the right (ojud§-e 
 which were so made, and all rights are reserved to thr-m which were 
 not siUTendered. This is (Le answer, too, to those ♦rho enquire 
 whether we suppose, in good faith, (hii( (he fromers of the Constitu- 
 tion intended this po-rer to be reserved (o the Slates? It may be 
 thn( they (bought and intendpd nothing obout it ; bMt it is the .lireet 
 and necessarjf result of our institutions, as they existed previtiulv to 
 tb«» Constitution and are modified by it. If a powr is claimed to 
 be exercised on the part of the General (»overnmeu(, it is incum- 
 bent MO (hose who contend for (he power (o n)akeou( the grant of it, 
 and they commit violence or fraud on th*- compecf, when (hey assume 
 any jsower which they are no( sati.'i'ied wis in good faith intended 
 to be {granted. But it is for the Plates, to vrhom erery thing is re- 
 served that was not giveu away, to decide from th« espres-ed provi- 
 sions of the Const itRtjon, n power which thry cicim (o exercise ; of 
 a power too, nhick I shall shew iieretfter, is absolutelv es.'riitial (o 
 their esidence as separate and sorereign States, and invQlrcd in 
 
12 
 
 the vt>ry nature af oor confederated system. Ttie Irutb is. ho*»er«f,- 
 
 he. d, i?m .V he. No one c»n .enrfH^Feuerali.t. or the debaie* 
 of the Conventions wh.ci. adupw-d ibe C...,stuut.o.., «"!»»»• P"' 
 ceiving that some co..tr(,l of the Si.tes was cxpecled over the acts 
 of th/cener.,! Goveinmenl. Ho.v thai control was to he e»erc.sed, 
 h not exp'ained. It may be ihnt the ,real Statesmen, xrho a ere .« 
 flvorof tb. power of the (i.'ner.l (Jove.ament uere unn;.!.-^* 
 ex' 1 in. It L. anMcipate. .h..( the clhsion of the laws of the ue^ 
 neral and Stale (iovernroent- wo.ild creat*- embarn'ssments But the 
 5r.'wWy is not ohvialed by the provisi.,ns of the Consl.tut.on. The 
 no„'ris"otgran:ed; no com.uo., tribunal i- appon.ted, and . I must 
 be eld amo.ifjsl the reserve.! ri-hts of the Sla.es. r, .„, :, 
 
 If the Act of 1789, PUihorizit:g an appeal fr.)m the felate ^""':'' »» 
 cases involving; anv que^uun of ih • Const.tut.on or law. ot the 
 Un>d States, where th. decision shall be agau.st t^e autoon ty of 
 Ihetienera! Gove .im.nt. were "Ot in existence, . I .s plan, iha the 
 dec-i-ion« of Ibe S;al.- irihu-ials would have been final. Ihe &tate, 
 bti^eans of its tribunals, wou^d thus bnve had the power to a ceF- 
 [ain extent of arresting the op.>ration ol a law wh.rh those tribunals 
 ?u^fd U"d^e to be ,.ncons.i;u(ional. B.t tl-is would no of course 
 hive .xc uded the u.terlerence of the sovcroig.. authority of the 
 statVif we have taken a correct riew ot the Const.lut.on. Ihe 
 Tud clary, like the other departments of Govt-mment, .n the eiercse 
 i ttsfStions, must incidLdally a,>d in the fir.. i"f "-/ "'^^^^P;,^^ 
 the Constitution. If to the sovere.irn HUlho.-.ly of the ^^ f^ ' '"^ 
 lof "3 under the Constitution, the risbl to determine for i.sel in the 
 tt .'esort the Judicia.v -ouid be bound to foil ^w -nd ab.ae by 
 ^h'at Heternrination . The intervention of the law of 1 i h9 can make 
 lo diirerence, even supposing it to be Constitutional i '« f '^de al 
 hke the Slate Judiciarv, having only the incidental ri;^bt t.. cive 
 construction to the Constit-lion in discharging '«*/;'"';;";" '".^f- 
 n^.in.stering justice tu individuals, is no b-ss bound than the ..tale 
 ^fibunals to fidlow the interpretation of the competent »""">''<>, .*/ , 
 the appeal were allowed, it would he so bound ; but Ihe irn his, 
 that in the . ases supposed, tbe Constitutional question involved be- 
 >ng already «iecided by the competent authority, the right of appeal 
 
 tvould be Bupersedeil. . ^ ,. , .„„ i 
 
 Those who sav that the power in the Slates which we contend | 
 for would render the Constitution a mere treatv. have perb.ps ne- 
 ver c.nsidered exactly what is the characteristic d.>tinc ion belween 
 cur Constitutional Compact and a treaty. Treaties, to be sure, have 
 BOt often provided that jurisdiction should be exercised, lor certain | 
 rurr.oses, over the citizens ol one of the co. trading parties a.yl vvith- 
 iniis territory by the others But this might be done, by that wh.cU 
 ^Bs in terms a treaty. The essential distinction is, that each ol the con- , 
 tiaciing parties have committed to three fonrlhs of the rest, the mow- | 
 ei ot binding it by any new a-ticles of compact, without n.' own as- , 
 s«nt This is the great distinction between our Constitution and 
 •ther compacts between sovereign .states. This it is, w.iich iMo re- 1 
 strain the States from casting off the obligation of its coaipact like 
 «n ordinary treaty, and it is to this yon must ar»peal. it you seek a 
 •ower sui)erior to the sovereign Hutlioril\ ot th.- State?. 
 
 I proceed further, to shew that it is absolutely incompalihie with 
 •\^t ■mare and «»:!l«nc« •! our governmcDt, ae axoDfederacy, inat 
 
1* 
 
 lUe pswf^r iH question sliould be taken from tbe St^lef, and attfibu 
 ted to Ihft General Government, and that if siicli were our Coiifstitu- 
 ticii', it must ineyitalily end either in an absoiiite, consolidated gov- 
 eriirt.Mit, without any limilatiou of powers, or in di«!unicin. VVhat 
 do \M\ mean, when we speak of the Gener.il Government, or ot the 
 power »r oppression of the Genarai Governuif-nt. Do«HSpe*kof 
 an i.nsginary being — an abstraction ? ISo! we laeau a majority of 
 Hie - latos. including a msjorily of the people ; for it is to these, as 
 *epir»ented in the two houses of the Federal Legislature, th?t the 
 C(ir>stitution hfts committed the povi'er of Government ; and I should 
 Tvisli this to be kept In wind, when 1 speak of the Federal Govera- 
 nieni If Congress were the iole judge of its own constitutional 
 |)owers, with no check upon its acts, but all must have vffpcl, it 
 would be palpable anouiih that the government was ahsului* and 
 anlinsited. It is too familiar to be argued, that the unchecked, an- 
 Festriclad power of construing an instrument, is the power of making 
 itn hst you please. And what is the chock? Do yon tali me of 
 ihf Veto of tbe President, who if ereated by the same majority, 
 which of course, when great ii'leresfs are depending, will select one 
 wb -se ^iews coincide with their own ; or of the judiciary, which is 
 wreated by, and d«p«»iident on that Legislature. VV^ilhont allriba- 
 tine any corrupt subserviency to those tribunals, which I beiii:re 
 havfi been as honest and patriotic as any other, it has never been, 
 perha )■:, sufficiently estiniated. how mueh any bias of interest, or 
 i'eoiii)^. bas upon the juilgment and belief of men. A friend once 
 askeci nie, whether i( was from » distrust of their integrity, or their 
 jadp-menl, th<it the law forbids inteiestod parsons to give tec< 
 tim -ly ; ar)d ere concurred that the defect of jud,;iaent, rather tha» 
 jnoraliiy was guarited attains'. But if this be true of those who are 
 to re!;i(6 facts, haw mucb more of those who sre to form opinioni; 
 Such bias colours every perception, and finally wouids the whol« 
 mi; d. Even t'lo honorable faelinff which might induce the Judge 
 of a Slate, to stand un against pnwer. in defence of thr rights of aa 
 individual, in a groat degree losus its influence here. Here i- power 
 against power — the power of the Slates, which they are oaturally 
 led to regnrd as the mo t danjerous. But indapendently of this bias 
 it is idle lo say, that the judiciary is independent of the Legislature. 
 Congress, by modelinsf the judiciary system, may have a Court af 
 whni p .lilic-.l opinions it pleases, in a wet»k ; and can any oncd uibt, 
 that when great interests were at state, it would, if found nece-SH y, 
 resort to such means. Plausible pretest* oould nlways be found; 
 and. independnntly of tliis, if the mnjority is a permanent one, form- 
 ed oir fixed principles, ns the prasent majority io the goverBment Is^ 
 th- Court must gradually, but lofalliMy , be moulded into accordance 
 witli the predotuinating opinions As vacancies occur, thsy will of 
 course, be filled by those whose optuions eoaforon totkosaofthe 
 Ifoveinment — the majority. 
 
 There remains no other check, bat the force of pnblio opinioBJ 
 and secession from the Union, or forcible resistaoce. Public opin* 
 jon '. — Do we s[ieek of the jsnblic opinion oft minority, as likely to 
 infiuenre a majority ? Uofortiinately, here again it happens, thai of 
 all systems of government in the world, onrs is that where suck 
 public opiiiion is likely t-i have the lei^t w^i^ht. In the other coa- 
 solidated governments of the world, tbe voice of puiilir opinion fe 
 kresis'.ible. A Mahmoud or a l^ichoJas, dare no» «lo9« tbcH efift 
 
 2 
 
14 
 
 U Ihat mandate And wby so ? fvcaase If Jt he disre/rarjeil it wiji 
 Ie»dt., heemploymeni of public forc^. and n,„ ..nlv ,|, :„ ,7p8 
 Sion w,II be rt-sis. d, bui ll.e lyrauis pu,...l,. d. T,.e ^uv.-, .n.'.. ,. oi 
 F.«...M-u«s deaf to .hat voice, nnd (be King e.s,,i,.,ed b.sl.ult o^n 
 th. M-«flrold as d.d some „f be.- p.„ud ari.(ocracv_«hile ib, Vet 
 de, .,ved of wealth nd bonors, vvere dnv,.nb,.s^ ar, nn-J <u i.-ve^ 
 •ver ,he face .,. the e. r,h Omer ,yra.,,. b«ve i„ l.k* L ^er 
 
 Cb..-k by the fear ol ,t But wb»f shall I., dono to (ha. d..,.,.,Vj! 
 yonii/. which, apart and utias ailable. di'.pose.s of all tb. ri-bu .^ 
 .n>er.st3 of the Sou- ? What do tb. pLple of the er'al St,...s J 
 PM.usylvania. New-Yo.k and A!as.achusH!s. bear ,fr ftV o le 
 cpm.ons or the op, n-ssions of ,b. Sou,b-of S.ales «bich hav.- a|- 
 
 ^oT^ hT'^''w"'^"^Pu""'"*^"- ^"""•^cI from an.wpa..r 
 now and then.ui(ormslh.m that (i,».re are disconte.ts o-, .bl- „b. 
 .Tec, .,f ti,e TanflF and that tbe.-c are somf. ridiculous a„d extra- a a.t 
 Hi.l.conten.s. called nullifiers. rfeparau.d as tb.y ar^.and L li^d 
 .n f .e.r own slrnngth and unanimiy. any v„ic,. .ff ,he S-uib ,..s,e« 
 hy hem as the la.niest summ<M- gal.-^ I, migbt b« boo^d ilo." :|.eir 
 Pepr.sentat.yes, placed on a p .st .,f eminence, to look ovrr'the 
 Vhnl^ count, y. «o,.ld f-e accessible to .be opinio.., of .be S n.h 
 B^. this bop.: ,s Pq.,ally va.n. 'I hey go to the public coun. ds ,V.,,'r«c. 
 f£d .ythos^ :i^' '''^'' "'-m.ora. .Ileven,,.au.»v-.r«b!et .h a. 
 for .be votes they are to give; an.! their respon=,ibi;ilr lo tbewc-.n- 
 sc.e^ res and poste.ity, (sncb is the n.tur^ of man.) is L Ibis.b . -un 
 in 'he l-alance, we-ghed agai.-M that re=r onsibilify. Ha. „ ,, the 
 Vmce .^ the South been ottered ' Ha. not everv sf«.. tron, V, ei 
 Ti.a to M.s.s,.9i,.pi, .lamou.rd/.eainsl the injustice and n,c.n=.i,- 
 hoo.d.fy of the Tariff? And .ha, has be,-n tb. ansuer ? The t! ■ ff 
 61 1^24 nas passed by a maj r ty of three voles, and that of If-'g 
 by a majority of sixteen. The strongest despot, or despotism, hat 
 evHr heretofore ex.s.ed. would not have ventured nn'a measure 
 whHh so large a portion of it. .n ]ecis beHe, ed o he rZU t« 
 fte.r interests and sni.ve.-s.ve of th.ir rights The governme.i of 
 England vvb.di, noxl to our o^n. I be ieve to be the strongest 
 
 A despotic ma,onty ,s the only despo. exempted from all resp..ust. 
 
 We are told however that aliho.,gh the Southern St ,ies h.ve 
 fcpr:. unanimous m their remonstra.-c s against .be Ta.iff. vrtthev 
 hav« no. unanimously d.te.mi.cd to resist it W i. till thai unan^ 
 mr shall hav-e been bro.U'h. about, and .beny-.,, „il| remonstrate 
 
 Iv h",^l 7 ^^" "r^ "".'■'""'" '''' ' *'' '■"""'^ '" ^''^^<^ And i, Ihis 
 al, .ha' .he lovers of union and advocates of peaceful counsels have 
 to lell us? Determine on f..rce-deiermine on uar. and the result 
 may pe, naps he peace? Bnt how, if they should not viejd ? Th^v 
 ijavc every indurement t.. hold out lo .be last On" (be ene side 
 «re all the advani^se. resulting fr.,m the American System- wealth 
 -prospenty-the build-rg up of their i..c,i,„ti<,ns and n-hJic «o.l« 
 --p«l.tical preponderant e-pride: on the - iber bumiiia-ion-ruJn 
 to thousands— general diflress and poverty, and Ibe lo« of political 
 ^port...ce. U hen so much is at slake, will they not be tempted 
 t» M.nH the hazard ofth- die. What .hen, mus- ibe S..uth cnb'ni'f^ 
 g^n...urronsnuti..,,^ U our gove rmen. ^-.deed wi.hom any 
 iitaitatJon of po^ver whateveis ard are we as absolute slave' as roC^ 
 
15 
 
 ^rSu he i.o govemtaeHt ? Or must the hlow bo struck ? Then vvhete 
 are ihe li ipes of the lovers f the U::ion ? It is v<ii;.,aiid t---.-\y 
 one lertU if to be vaiti, to hupe tiiat the Union can ei-e co; li uie 
 afier force shall h^ve been resorletl to. Cut tiiat cord with the 
 swot'l and ihere exists no p<i\ver in nature to unite it again : or sup- 
 pose the majority to yield — with what t' elings will both parties re- 
 tir'- fmin the contest? On one side liatfled hatred — hourly smart" 
 ing under iho privations that have been inflicted — daily temfited to 
 new encruR^ hments : on Ihe utiiur, jealous hostility — watchful and 
 pronij t to resist. Willi ^uch mutuwl dief'0>iitions, our harmonious 
 union is to go on. It cannot be tisat new causes of collision will 
 not soon arise — the muturil feelings of animosity will be more and 
 more eraii'llerfd until (he blow must indeed be struik. If the Coh- 
 stitiition be snch as our nntagonisls represent, it needs no hand-wri- 
 tw^ on :he wall to tell us that its days are numbered. Thesunof 
 another j .bilee will never shine upon it. And along with it will go 
 all the hopes which hare hecii held out to the lovers of mankind, 
 from the example of our freedom, union, prosperi(T, and greatness. 
 
 It has been iliouglit, and apparently wi'ii justice, that even in a 
 an':;le, consolidated community, the goverHment of an absolute and 
 unlimited majority would be the most intolerable of despotisms. 
 It is the goTernment of a despot, witk a spy and a police uffircr in 
 • very house. Yet even ia an arbitrary governmant of this sort, 
 there is some mitigation ; those who ar« in a minority to-dHv. may 
 Lope they will be in a majority to-morr«w, and though ti..-' go- 
 ernmenf be arbitrary, tiiey may taste ot tbe tweets of power in f.eir 
 turn. ()r if ih'-re be a fiied and permanent majority, of ditTeient 
 feelings and interests from the rest of the community, yet the.;- iis 
 some human sympathy for men whose faces they know and wi.ose 
 distresses ihey witness. But it i? useless and imprscticable t>-> dis- 
 guise the fact, that the South is in a permiinent mirioriiy, a.id 'hat 
 there is a sectional majority against it— a majority of different views 
 an-l interests and little common sympaihv. ' bis is the origin of ihc 
 evil diid ti)e great fountain of the waters (if b'tterness. We art- di .ied 
 into slave-holding and noii slave-holding States: and this difl'.-rp/ ce 
 sreates the necessiiy for a different mode .f labour. diftVrem i:ter- 
 egts aud different feelings; and however particular States or secti-ns, 
 on piiher side may have started from their proper spheres, Ibis is 
 tbe broad and marked distinction that must separate as at last. 
 Would to God it wore not so! Bnl shall we be reproached thai we 
 G«n!ot fail to note that which i? daily tvirced on oar attention.— 
 Ever since the fatal Missouri question, which. " like a fire bell in the 
 night" startled the last days of Jefferson, and sent him to the grnve, 
 "in the belief that the sucrifica of Ihemsevesby ihe generation oif 
 1776. to acquire self-gov»i-nment and happiness to their country, is 
 to be thrown awny by the unjrise and unworthy passions of their 
 sons." no one can be so dull as not to have observed that i.very 
 question ol leading importance in our I'cdoral councils has b<>en cou- 
 necttid, more or less, with this great distinction. And let us rt;.peal 
 to the world and po«tei ity wh'^thor the South lias been the author of 
 this. But the sacrifice will not have been in vain ; there is yet " a 
 redeeming spirit in the Constitution," wiiicii will be evoked and 
 will preserve it, in spite of its enemie*. and in spite of its misjudging 
 friends; whose erring zeal is eagerly attempting to shackle the 
 arms that are combattingto save it> But propose to Ibe people of 
 
!lie South, ani] prove to tbem, tbal this is (heir Constltaiioa->tltal 
 the Statac and people North of tlm Poiomac and North- Uest of (ffe 
 •ilio, hn\e right and power to make laws to bind tiiein in all cases 
 nhftsoBver— and then foretell us ihe. duration o( the Conslitulion 
 aiid the Union. To those who propone la submit to this staie of 
 fbings — who have made up tiieir mindg patiently to endure the iB- 
 /fnries we now suffer, and nil that shall be ofifared to us, there is no- 
 fhi;.^ 10 be said. They iiji{!;hi, if others were of their mind, have 
 ¥i t'-i — such ai ii is, R'ld pea<»' — such as it is. But 1 linow that th« 
 yc'iile bf the (;outh me nnt iif thr^ir luiud If oppreesion be eontio* 
 Ufct.', !hey will resis; it — all concur, thht at stjoae day, the cwn will be 
 CSiil ftod overflow — audi ask if those be truly coissiJureu liie advo- 
 «at«?v of peaceful counsels who tell us there is r.o cdreas but iu vio- 
 leiice and disU' ion. 
 
 I tiusl it ie suffieieniiy proved, tbat under our Coniederated G.a- 
 »ernaieiit, (he power in question is Constitutionally reserved lo the 
 States, and that such a principle is ,"ib»<)lnt«ly e«tential to the v«ry 
 nature and existence of (he systeno. But authority with tuu^t men 
 weighs more tlian argument, and our anlhoiilie? arc oi the Highest. 
 There could not, perhaps, be a belter illuEtralioa of (he feci, that 
 there is nothing so plfiin that it will not afford matter of onvil lo e 
 skilful dialectician, than (hat it should be 'onicnded thitt Mr Madi- 
 son's Report of 1799 does not cuntnin ihe docfrine we bow luain- 
 lain. Rut bow did others ondersland liiio al the time.'' How did 
 ihe Legislatures of Connecti(''-,i, I\ja3sachnielts, and others whicli 
 ipade counter resolutirns, undp.rstand hiui P Was it then thoii^bt 
 there was any thing ambiguous in his wordaT or was the inlerprfta- 
 ijion then put upon them ever disavo^^ed ? And vvtiat doctiines are 
 those vtrhich have ever since been known as the doctrines of Virgt- 
 aJaT I appeal to ftlr. Jefferson as a still higher authority — the au- 
 thor of that word which is ihouglil so now and barbarous; the ua- 
 Couth sound ot which, I really beliuve, is wi'.h mary, one o( the 
 strongest arguments against our consiituiional doctrine — Nullifica- 
 tion. I have read his works, lately published, and I profes> — what- 
 ever may be olyected to biro on olhi-r scores — that for a true Hnd 
 tlioiough comprehension of tlie genius and working ol our confedc' 
 rate system, he alone h|)pears the tnaslei'. Irpfer not to any insula- 
 ted passage, which might be the subject ol cavil, but lo [h>- whole 
 CDniext of his opinions. But wh'-n he says, that if doubts arisi- be- 
 tween the States and the General Government, as to thr true mean- 
 iing of the Con^'titulion, the appeal is to neither, bul to their masters 
 assembled in Convention, can we su[ipost> him to mean that ihe 
 minority, which complains of the violation, rhall call the Conven- 
 tion and firopose the amendaunt? No, his words are unmeaning, 
 unless we suppose some method (if compe ling ihe miijority to as^ 
 semhie the l.'onvenlion and offer (he proposition, which is to remove 
 the doubt, 
 
 I go on further to show that the proposed remedy is a peaoefuj, 
 g&fe, and ^-QicaoioHs one, and less liable to abuse than any chi-ck that 
 ever wag devised in poTernmenl. VVp proiiose, in effect, that one 
 fourth of Ihe States hnve the right of annulling any act of the i;ei.cr» 
 jtl ccvernrnent, on the ground of its unconstitutionality ; and that for 
 lb*" ■ " i'jsp of coropelli. g iht majority to appeal to the three I'ounlis 
 it> . ; <int of the potvt-r >i iiici) is denifid, «nv •ttitc ma\ fuspemi the 
 
 •p*Tati«»tf ^« net yfiWta its •ttii jirhi^jcrfitn And is ffb stk 
 
17 
 
 dl f., .< vl f !i^ •'' '"■ •* ^'"'«"o" «< I'l'-i'- con ti(u<ional .iglus. and 
 the e f nn ^ ^'"" '•''^'^'''^ M«st surely, unless it be ..ur own, 
 there is no govemmenl on earth that would or cnuld enforce its 
 measures nudersuch circum.tances. Already he Judiciary afoe 
 bv o,:; th rd"/r",'."' 'tf g--''^-""^''''''- The /resident, if suynr'eS 
 is f, a ed ,.,';, """"" "' '^'* Legislature, may do so. Ar.d it 
 Stales ufLr"'""' '''"pf" '"" ''""•"•■ '" ""« *'^"'-'^ ''f "^e sovereign 
 Che kVoM nn. '"• P''- «''P"i^^"'^« ofth« world has proved .hat 
 comolain r ^'^ *H^ T" '^^"■'"'^^^ things imaginable ; and the 
 
 S o.ir!^ 'T°'°"'y.^''"' "^"' "'«y «"« inefficacious, rather 
 .han oo great a clog, on (he operations of government 
 
 ham, to s"v^?h«.T""' ? ""'=«' "rganized, it can ra.eiy do much 
 that , rl!7; '''1%V'" ''^"^"'" "^ 'hey are It is new policy 
 
 oKon «H ,^^ "'. ^^"^'«''^' ''^'-'■'^ «ere. I believe, ten tribn-es. either 
 Ho"l*a?,d h^ r "'"'"'" ''"° "" ^"^'y «^' "f K-e Fovernment la 
 towns tr/n.^!fTr"M"V°'.*="^'y ^'«'^' ""'^"^ ^'^« ^"""^'Pal 
 th s was a S^2 r ^" "^V"'f'°''""' "'"^ ''f government; and 
 memr . .r ?'"*' P'»speruus beyond example. In Polaud, every 
 
 re tv S.a.'; in . '''':T'''''f '^ government. I verilv beli.ve, that 
 LniZntTZ .V'""" h^'^.f'°^^''"- '" «PI'oii.t a tribune, having 
 
 baru '? , rd h ' h"" '^' '"'' "' '^' ^•-^"^••'" ^"vernment, no greal 
 reauir ^7, f,^' f""' ^ '''<;"nvenie,.ce suffered from it. If it wery 
 
 helTe (' onS^^^^^^ certa.n I am, that this would be a muct 
 
 ou tobe ' " S"'=h'»"one as our opponents represent 
 
 the U :,„ wo, M ,"' ""'*' '"!•'' "^" •'^«-^'' ^^« '^'^i'" fo'-<l^e Slates, 
 ises rvv .? ' •, ^ '?P^.«f '-""J- «"<! would not answer the pur- 
 urelv wa^nf.i ' '""' '"f^.^'.ed. have n„t. perhaps refle.led L- 
 
 m^VL "'' ''"'^ legitimate purposes ..f this Unio.. are The 
 
aasta (a appiekcBii tiaat the check will be iBlfl»jBoSed, except oj» 
 laws of toxiii.in, wliRre it is most necessary. Let it be burne in 
 miud, that pawer should always be lodged i\tieie tbere is the least 
 teiijptatioa to «buse il. Uds not the majority in Congiess the gie.it- 
 est possible teini:*talion to abuse the power of taxing? Let the i)re- 
 yent silualio.i ul ihiigs answer. When a i^t-ction of the country whicb 
 is by nature the poorest in the world — \»hii;h hcs no prodncig but 
 rhose vhich are also produced in every other soil and climate, «nd 
 which ean find no market but their own and onrs, is rich prosper- 
 ous and flourishing — while another, by nature the richest, whose 
 products are eagerly sought in every market ot ttie world, is pool- 
 and embarrassed. Tell us not of the ditference of industry and iia- 
 i)il9. The diflference does not Bxisf, cerl.Tinly, in no degree ade- 
 quate to producing ?Hch effects. But what temptation will the 
 Stairs have to abuse the power of checking;. Wiil you assume, 
 thai one-fourth of ihe States may be desirous of destroying the gov- 
 firnnient, and seek to effect their purpose, by witliholiling the reve- 
 nue necessary to its support. Those who urge the objection know 
 its f llncy. They know, that if one fonrtti of the States are disposed 
 lo aha idon the Union, it is not the ivant of a nullifying poner that 
 will prevent theoa. They kno.v, too, that all the Slates have calcu- 
 lated the value of the Union, and although il will nlwaj^s be most 
 adviintai^eous to the sections whi^re labor and its products are cheap- 
 est, yet they are willing to pay the price ihey have stifiulaled. Sud- 
 posinj< then the desire to maintaia ihe Union to be sincere, the 
 States will have no temptation lo reduce the revenue below what 
 io re(juired for the necessary expense of government. To this it 
 ouffht to be reduced. The truth is, that this is all the important ef- 
 fect which the checking power wiil ever have; and this is the effect 
 which s dreaded by its antagonists. 
 
 A single State, it is true, may suspend, though it cannot annul a 
 Taw, if three-fourths of the States be disposed to grant the power. 
 But as three fourths r- y modify the Constitution as they please, if & 
 ■iinglft State should exercise its power caprici 'iisly, a full indemni- 
 ty might be exacted. This is a security against tlie waniou exer- 
 cise of the power by a Stale. But the securities are endless. When, 
 ij is proposed in a State to exercise the power, ihe very propositioa 
 \'s an ncknovvleilgment of weakness. The Stale is in a minority. 
 This alone will damp the spirit of the people. By the plan we now 
 propose, two-lhirds of ihe State, as represented in the Lfgisljitnre, 
 will be rsquiied to call a Convention? Vou must salisfy two-thirds 
 ef the penple, who cannot be coirapted though they may be milled, 
 that the law is unconstilutinnal a"id uppressive; you must do X.ns 
 sgaiiiRl the active resiitance of tliofe who are contiected with the 
 general government, or benefited by its patronage, among wh m 
 will always be found a considerable portion of talent ; for (nlenl is 
 the natural ally of that government; and the passive resistance ot" 
 the ignorant, the indolent, and the timid. The State is called uponr 
 tb art too, knowing that it art* in vain, unless supported tiy one- 
 fourth of the confederacy. The presses of the majority n ill act? 
 their part in sustaining the opposition within the State. Sns|iicion 
 will be cast on the motives of those who are active in excili"g the 
 .*5tate to interpose Under all these di?couraeempnts, is it too much 
 lo say, that the proposed check i.'? one of too little, rathei tha i top 
 mucbj tigotrr.^ ^iich U the troth. Wsurjralions x>-ill ?lill go otf 
 
19 
 
 More revenue will be exacted than is required lot tUe expenses ef 
 goveriime.t. Abuses must lie flagrant indeed, before the |.>ii>pie 
 oan be tempied U) set this mighty machinery ia inotiun. Curl. mly 
 there never was a clieuk in governraent> su effectually guarded 
 agairislthe possibility of abase. • 
 
 -Let those who sujipose that our doctrines would reduce tiie Uni- 
 on to the cundilixii ot tiie old coDt'ederacy, compare tiie stale of 
 thini<4 I have described with tual coulederacy. IS'ow the laus oi 
 the sjeueiai goveininent go iiilo operation at once and ol' course. 
 Their operation can only be arre.stpd after the difficulties aienlioned 
 shall have been oversoine ; and a Herculean task it is. They can 
 cnlv be suspended for a time, if three fourths of the conlederacy 
 shall agree toeutorce tliera. Tfic7i the acts of Congress were dead 
 and inoperative, till similar diflicultie's were overcome to give lliem 
 life ftiid etlicacy; and it any r.onfeilerate refnsed to perform its part 
 ©f the coai|)act, there was no authority beyond that to enforce it. 
 Tiiis iiidi-ed is all ihe improvement the oid confederacy needed, 
 wtiicti, by the by. was pronounced the best government then in the 
 world. 
 
 i oat the principle we contend for would, if generally recognized, 
 pro(uote harmony and tend to the perpetuaiion of ihe. Union, is too 
 obvimis to be donl)led. Here discontents would find vent. What 
 temptation would any Stale have to desire the destruction of the 
 Union when it had in its own hands the means of protecting itself 
 from injustice. This feeling of security would bpget favorable dis- 
 positions; it would add. I admit, something to the; difficulties of le- 
 fiislaiors in Congress; but some disadvantages attend tlie best insti- 
 tutions. Instead of bare majorriies |)Hssini.' swee,"ing laws (o pro- 
 mo e their own interests, heedless of their destrm tive eiTec'.s on the 
 interests of the minority, they would be under the necessity of de^ 
 vising measures to reconcile ihe interests and feelings of every sec- 
 tion. But they would be rewarded for iheir toil, (if they estimate 
 such ieward)by the confuience and attachment of (he wh>.le coun- 
 try. Thus instead of a rope of snd, the Union wonid become a 
 golden chain, which violence would not break, nor time corrode." 
 If under the Constitution, Ihe State have already the powprconien- 
 ded for. with mt which the confederacy cannot exist, the exercise of 
 which will be a safe, peaceful, and ethcacinus remedy for the evils 
 of which we complain, promoting harmony «nd slrenglhening the 
 Union, if only remiiins to inquire, why the power should not he ex- 
 ercised and thero'iiedy npp ied. 
 
 If we cannot resori to this remedy, it is plain we have no other. 
 And i will say more; no ottier could be devised by the assembletl 
 wisdom of all the Stales. Distinguished men have long soogist to 
 devise some impariiai tribunal, which might be the umpire bct'.^een 
 the general government and the stales. But from the nature of 
 thiogs, this is manifestly impossible. By the general government, 
 we mean a majority of the slates and people. Then, if you give 
 the creation of the ir.lmnal entirely to the States, ihcy can at all 
 ev. nts have but equal authority in the formation of it. If yon ;.-ive 
 to each .t^tafe the power of selecting one member of such tribunal, 
 each will be chosen 50 as to represent the interests and opinions of 
 his own State, and you will have the very *ame majority to control 
 vou. rom whose oppression you har- a pealed. 
 
 Bat il the constitulional right be clear and the remedy cffedaaf/ 
 
20 
 
 why sliould it not be applied ? Do you say, that clear as it may be, 
 it vvi'.' iini I'e rficogiiizfd h- lliose vvlio^iv opp( s> d tc us? ibey will 
 
 fle;••i^( to execute ilu-i^ ineasurcfiiind if 1 be iiecess<.iy, resort to ac- 
 ua! 1 ret' for the purpose, and ihu: civil war. anarcliy and disunion 
 will l.^i ihe result. And is tliis rtasnoing uddreased to the ^-eople of 
 — S ulii CardlinH.' iSliiill I not defend uiy jiurse (rom the robber, 
 for fi;'r he shi>ul(J do vioi(Mice to my person r Shall the telalps be 
 deliTi(>d from using their Uwiul and constiiiilional privileges, for 
 fear t'lnt it sh.ili provoke cthors to la« lf?s Hnd uiicoiisti'iiti<Jt;ul vio- 
 Ici ce .' Would it not be so.'' Would not they be the rebels and 
 traiiois to the onsiitulion? And would not any impartial tribunal 
 so pronounce them .'' 
 
 iJiit 1 believe we can avert the fears even of those who are influ- 
 enced by this sort of reasoning;. I believe that they would not resort 
 to xi'lencB. I believe so, because it is safe to CMlculale that men 
 will be (governed by iheir own ob\ious irterests;. They cannot but 
 ku'vv. that suih n blow oncestiuck, would rouse every freeman, 
 from Norfolk to the IJaiize, and that tiie Union would be severed 
 never lo be united Hgain. And what would be tlie consequen<:es (o 
 them? Tlo- loss i>t every thing — the beinj^ reduced fi-om their most 
 prusfieious stale, to as depre.ssed a condition as a civilized people 
 can be placed in. And bliall it be cailed an appeal to the forbear- 
 ancr; or an attempt to work on ihts fears of an adversary, because we 
 beli v^- he will not do an net of open wrong, to the utter ruin of bis 
 ew It most essential interests? 
 
 We offer fu' titer security against violence. We intend to pro- 
 ceed according to law — and to resist by means of its peaceful pro- 
 cess. In the first place, we shall i.ave a question which " the forms 
 of liie coiistilution" will allow to be presented to the Federal Judi- 
 ciary, if it should attempt to take jurisdiction of a question winch 
 the tompelent aulhority Iiks already decided. We can compel 
 a decision and the reasons in support of (hat decision, to be laid be- 
 fore tlie Soutii and Union. And though p(:rha|;s it >\oiild be ex- 
 travagant to hope that conviction can reach that tribunal ; yet, we 
 (Mtnni'i but hope a most important t tfect fom the canvass thai will 
 thus take place, in enlightening the jiubiic opinion. 
 
 Wt; shall have a question, too, to present to the juries of t'lose 
 tri unals uninvolved in Ihe di>gi;ise of a tal,->e and fraudulent title. 
 It is ;> modern heresj , and the mosi danaerons one of the MatisQeid 
 school, and utterly at war with tiie fee spirit of the old comuion 
 law, that jiiri'-s are not to decide accm-ding to their own coitvirllon 
 both of the law and ihe fact The most important, ihe most souhd 
 and duiable, accessions to public bbcrty have been made by the 
 vet diets of juries; and the most important, in futuie, will be gained 
 by 'Ih; same means. This is tiie legitimate orjjait through which 
 piiiilic i^|iinion is heard in countrios where the eommon law ob- 
 taiiis They are the true jiid^jes on those questions of •• common 
 right." which are belter decided by piftin sense and the heart of a 
 freeman, than ihe ac^test oja'ei:tian that ever wrangled. 
 
 Whal room is here for the inteip<isilien f force? Will the com- 
 maiidoig officer at Fort iMouliiie send a detachmeiit Intake charge 
 of the Jury, t II they find a veiilici in pursuance of the direction of 
 the (.'ourl '/ O' , it damages be recov«-reo against a cfilleclor who 
 commits a trespass on the poperiy oi a citizen, will a General and 
 
 ftitny be sent, to make war on the bailiff who goes to execute bis Fi. 
 
21 
 
 r^.l Wiii y»ii ii»y Mark Soiomous lor higfe treassa ? ©r, in iitc 
 rery teeth at' tlie co.istitntinii, which declnreg tliol no pi-eference 
 sha'l be gi»en to tbe ports <.f one dtsile nvei- those uf nuother, will 
 Gi)ii(;riTSs disfrauchise the port of Ciiaricsi }u and send a squniiiou (• 
 l^locKHtJe it 7 Does Itie CAastitutioN, which aulboiizes Congiesc t4 
 «all liui tbe aiililia to ' execute the ia^A 8 of tko Uninii," unthoiize ii 
 fur the parpDse of ot)struclinf the eieoutioH of thte lan» of the 
 States? It Diust be a bold tcsjority (hat erifrll pass an act for thai 
 pui;ni»e. Ail the raises and infnmy Ihnl ever were heaped uii the 
 heid of criminals aud tyrants, wooid scaroc e«^aal the iRriiio'y of 
 that majority. This 1 belicTe would exceed the cjurnj^e i)f the 
 Pre>ideiit of tbe United States. He nnuid sacriSce hiiiistlf in a 
 goiMJ cause; but I halieve it exeeeds his liardihf:ed lu sHcrifice biio- 
 seii with the preseat a*e and with all ii^jJtcriiT, in a en. 'se obviously 
 the most lawless and wicktd that eTcr a svfosdMrr/s diano in. 
 
 1 will not deny thtt it h within tho iiivils of p»,>jMtjle events, that 
 the oeur'e vre propoje fo nnrt<ne may occvsiea a resort to force, »« 
 it i5.possilile Ihsl a comat may strike the eari'e fr<«i its nrr/it. Bwt 
 ©n noy conscience, I believe one to ha nsurly us pn^bnble as tue 
 •ther. And for iLie »aiee of oar doarast i!it«r«»tc- ; for the sftk«> u( U- 
 feetty; fi»r the sake of Uie Coastitulion, the Uniim and posieiity, I 
 fhink thai remote risque ought to be tncoatilorMJ. I tl>in!i a d^tar- 
 -minatioa lo submit to In*' evils we eodoro, wo'.ild je atleriJud with 
 rifques iufiiiitely mora learlul ; n&y, tiie most ceiiain dange » aad 
 eBla>u<ii<^3. I believe that these are rendered more imraineut, tbe 
 longer we delay. 
 
 It is because we are satisfied that vre are pursntag a peaesful nn^ 
 *ODsiiiutinn«l course, and do not look to war or disanion, thai A-e 
 do not seek tbe C'j-O(ioration ot tbe ntber Southern StaicB. VV« be- 
 lieve that a Cwuvention of the Soulhera Slates Kould be unconsti- 
 ttitioiiai, a. id Tiire than auy thni'4 elsa, t^nd to disui:iOii. Bui if B 
 time of esireaiily ih.'dl if rive, iline can be n^j duuSl of iheii ci>-op'> 
 eralioa. Tbfir imereiils, their ouiditiou in i!ie Union, circnmsiart- 
 ces, i.'ieFitable as the ^vol'kitlg of destiny , inusi drive th^m Ui the 
 Staiid -.vhich ue dpsi.e to '.aki!. [hear alrewdy the note « hich sutn? 
 Biofi.' (jlaorgifl to the comoiou sU-uidai'd. Le- the Supreme (^ourt, 
 by virtue of its elaim to apt^ellate power, proceed to arrest the ope- 
 ration of !ier laws, vviihin nnr own territory and upon her own citi^ 
 awns, and my lite upon it, Georgia will be ii^und ccc.ipyijja ihe very 
 position in which we . ish to place Snulh Carolina. Bnt if any 
 ihi.^g could retard the desire 1 co-operation, ii would be that Si>nth 
 Carolinashould shrink from t' e coursu she has maritedout to hersilf, 
 lu tlie absfnce of the accustomed leader from his post, she has hap* 
 petied I I be pushed to the an of tuis great corlesl, and it she *hall 
 t)iench ia the hour of trial, wnat has she to hope from those wht 
 are still bchi d her 
 
 Such are the views we profess and we appeal to you, wiietlicr- 
 they are the views of demugogu'^s or disorganizerx Tiiat sucti epi- 
 thets will continue lo be lieaped on us by thuse who are opposed t» 
 us, we are well aware. Tilo^e .vho have im|i<'scd t.'ia tarififtaii cry 
 out .reason, and threaten to levy lh>i hemp tax. Thii is the consi- 
 dera lonin which the Sovereign Stales «f the South are held by the 
 men >f tiie North. \Vli»'H Mi'. Wehsu-r enquirt- s if tho- .Sia ,- r^jjt 
 aolliurize indiviOuais to c lufnii ireHson, i to .;d perhnps lOoie . e«- 
 
 ^ily aaswer him; H ij wera aaked, whethfit a sJtJaen of ttjis St^tjr^ 
 
99 
 
 kis <»flf,i»i«) sdvftrwgu ; 1« wkom nil his alleglnRce ia fltie, savR wka 
 iAe bus (Jf'lt-gtited lo another, sliuuld be found " ievyin» vrnr a^ains 
 ken. o^ udlu'iing to ber encruies and s'lvirig them aid and comlorl 
 Vf'ODld incur tlie guilt of tr^-aer.n?" I verily believe that tlie peopl 
 •Idle .Sdui.U are tbe tamest in the noriri — certainly out from wan 
 •I (he love oi liberty, ooldness of huarf or fearfalness of temi-ei , bu 
 Irora that very loyniiy nnd dorotion to what we have bei-n uocu- 
 tomed to hold sa-red and which we are reproached wild wautiuj 
 if the burdens which hare been laid on ihc South, bad been im)!o< 
 ed on Netv F^ngland, the baud o{ the »r Ion would long since liar 
 bc-er: snapped like a string of tow. And would this be uiatter ot k 
 jjroi'ch? Certainly not ; it would r«»uU from that spirit oflibert 
 wh'ch has aiwnys distinguished her But shall those Stales or 
 h'l'ifon to South Carolina? who, derotednow, iis shr over has beei 
 {o the whole country, if a comoioii enemy »houl J call for a conn.io 
 «&'or',, would rP(>ly as procifilly to th« call as ahe did in 1776 c 
 1914. We have been rtssimi'alad to Haitford CoDreiit'onist?; bi 
 it remains to be seen, whether tlit day will erer come that we oba 
 be compelled to retract or extenuate th- .enlimenis we now utl^r c 
 ttie conduct 'S now pursue; or wbcthftr every one of us will ni 
 promptly a'ld pioiidly, to hit latest day, avovr nnd defend thee 
 South Caro'ina will not commit nor authorize trp.asou. 
 
 If any thing could eudanger that our contest will end in bloc 
 and dicunlon, it would be the conduct of those miiiaken friends 
 tbe Union, who nctiTe>y seek to discredit our vie as and principl 
 with our natural friends anei allies of the South, nnd to strengtbf 
 ihe hands ri our enemies. Siiiriied by them— counting on ou di^ 
 sions and weakness, and the ftupjiort which they will receivf fr.i 
 amono ourselves, they mfiy be tempted to strike a despfrato blo) 
 If such is to be the result, and the stars of ihp Uuion must I 
 quenched in blood— if they will persist to clog the effort^ of tlio 
 who are struggling for life amidst the troiiblfd waters, on their hen 
 be the crime and the shame. BiU no; founilsd as we believe o 
 principles to be, in truth, aud the pri iciples of the cosislitution ai 
 of frredom. we cannot doubt but that they will finally pr> vail, ai 
 those friends, who are separated frrra us because they have mistakt 
 us — to whom we have been ascustomed to look a- associnies or 
 Jeadfi?, « hen the question was of constitnti^'iial iiijfrty, or the con 
 try's g )od will yet be found by our side, sustaining as rightful ai 
 glorioirs a eaa^e as a patriot erov struggled in. 
 
Fr»m the Lyvhhnr^ Jeffersonian ttepuhtleatt. 
 
 " TIiP people of South Cwrolina ai« too intemperate " T'lis '" thf 
 CO'ntTi.>n laoduagf of the Feileialist ar.d ih# l)''m»fji'g"p But in 
 vtI:-.* I'^ve tl'^' p»op!p of Snuih Caio'ina Vieen iiitemperat ? H •■< it 
 bff-n in the proceedilU's i^f the L' gislature ? Tfuly »'>t TKey liave, 
 in laneiiHwe as mild unci dieiiifi'-d as can h'' used, der!arefl w^hi I'ojr 
 •on^idei't d to hi' their rights — and with (he greatt-st patence Mod foV- 
 beMrance;''8ubmittpd for ten yeaig ti» insnlt and wrons, through -,' love 
 •f ppare (Slid the Union. Ha« it been in Mir; prorei'dings of p<>i»ntar 
 at-emblici ? They too linre but ssscit.-d what v>a8 'u- to thfii)S'ivt»« 
 a» a portioTi of the govert'ign P<°opie of a free Rppobl c From I82S 
 to this dni, have tbf people of South Carolina, althoujjii fii'lv p< isna- 
 eled of rights TiolateiUpnJ ^ronfi^g ^ndured at the hands oftiie f'l 'ie- 
 Vi»! (jover"m''nl, contioMf«jl t-"*' remonstinte. pet'fion and Hi>p'al W hat 
 inoip ciiuld he,expeitrd frfm them ? And it th'>'^ forhrarance iiMem- 
 perance and hot headedr.cks? What waw th • course of Vtrffinia un- 
 der like circumstances ^ The Alien and Sedition Laws we e passed 
 during the sfs«;ion of Congress ot 1797-8. In h' r ^^er.ilature. <n less 
 than twelre mouths tl-ereafter, Virgintu, in the ivuf ?pi|'it of her Fa, 
 th^rs, drrlareil that the said acts w < re " unconstitutiona?, atul dan. 
 g^vous infractions of the Federal Co npact ;" atid wcrr; only prevent- 
 •d thiaugh tlie irifluer.ce of a ^iof^le indiTidii5tI, from nallifyin? them 
 tot:>'lv and unconHitionally. Her resolutions were <eiit to the ■several 
 Stfltes, and though they were -coffed wt. and dechired it to be ridiro- 
 lotis «nd treasonable, she vvas not to b<' driven from her grounds by 
 sneers and thread The very next year hi'r Legitiature, in Madi- 
 son's celebrated Report, rp-n<!!;erted the doclrinei of her resolut'orts, 
 and boldU- defied the Fedeial Government, which had ihus mani'eft- 
 «d a dispo5.ition to trample on hei reserved riphts Money was ap- 
 propriated to the purch««ioir of arms. An armory was esta! lished — 
 lier militifl kept in readiocsfi for actual service* — and a law was pas'cd 
 inakiue^ it ati offence pnnisbMbie by fnie and imj)ri»oni»ent, to attempt 
 the enforcement of the obnoxious |aw» In the limits of her jurisdic- 
 tion. Ail this was done in less than two years after the passag'' of 
 the uncoQStitutioual acts of Confiress. Was she abused and insoltp^, 
 .■^nd charged with intemperance, hot headedness and treason? fihe 
 ■was — but was it nor by the very same party which is now so prodigal ef 
 these epithets towards the people of South Cnrolina ? The Mor>i.ichy 
 men and the Federalists were hot and heavy m their cnrses on Virgi- 
 nia But the people vejaided them not: and the elder Adams, find'- 
 ia? 'Iiat he could not Ci>rty his plans intj exeM-.tion, yicldrd to the 
 firmness of the people, to' i' ■ f<.rce of ciri omstances, and our cor- 
 jfitutien and libvrrte? w«Fe f reserved. And can it nrw fceF»id yvV.h 
 
011 896 342 8 
 
 ^r«uii-. ■ ■• 
 
 PfHk 
 
 34 
 
 <rutli,tbat South Garolina, after hsvinp foir eleven y«aM, c9«tl«ueJ t>i 
 
 yrctR&tanrl : —fi -nr'- to, is" * '■■' '" 'l^*' nttenn*' to p.. ■«. rv, let' 
 
 viohued 1 ?; !s ? (s.heto LIBRPRY OF CONGRESS 
 
 insult ami wrong, tor t\\f s 1 111:11 iiiiiiiiiimuhi 
 
 deed fonip to pnss, that he 
 
 lently and jlavixliiy eiilimit 
 
 which a ri'ck'pi* mKiuiit-. 
 
 Caioliiia is «'ni"'-i a pa«i-i 
 
 authorized and ui'.iimitwd 
 Such is the di)ctriD»' of tyi 
 tJiK S fates. 
 
 But it may bes«id that the (tcUpaJion of Sotilh Carolina has be< 
 j>ii«mperatr in their limjnaire ir, f>)iivri'*s Ibt-v havp h. en f,rM 
 fiod adheriMJt in support of theironstifution Riid t^J-rtif* of thr lor.n- 
 try, as they »hoiiid \.r — hut not Jntf mpPfSte. Lft the spr'i h. aix! the 
 iAn?iia*e be poii.t.d out. P;itrioti«m, liSte nntfer, should have "a 
 pririlne'e ;" hut, in do case have wc uecn lanpUHg*' pf intemriprsnce 
 ATOployed. Onp, among fh*- B^sniibly of (he " gn-y beaded men and 
 graT'",'" we retneister to have heard, to ute the language of tbe first 
 •f|K>eU, 
 
 Ofniiddlo R^a one rising, eminpnf. 
 
 in V ige deport, who spake of right snd wrong-— 
 
 Of justice, and cf fr«>«doin, truih and peace, ». 
 
 Slut we deyjy that Iji^ lnusiiage. was justly ItRole to the charge o( 
 
 i.irpmppiaiue Ue spike iu the n«tiv»>"chiTa!ry of his noiil, in brhalf 
 
 »f an outraged consliiution and an iujurfd poopl*-. He spakp fi« he- 
 
 iume the rojiredputativf f>f au iini^p>*tideiit State — as Wrcamr e. man 
 
 ?i.d an Amprii;an. Cut ^•■nmiriniioh*, h? nsarte nont-. He teas ncd ; 
 
 ;!,!d hi» mrum nt a'"' "e" hfc and vrgor t'> the vmy-r of constitili^ 
 
 w ma. IdjRfty. H.- »p..ke it; tiie conrpiiH«tpd p<.;\«-pr ot tiuih iind jus- 
 
 ,;,--_ji^(l J.!! ti)e e«M)histry *f bJs antagoi^Jst was d>ssipat««f ir.to thin