SENTINEL AND NEWBERN COMMERCIAL, AGRICULTURAL AND LITERARY INTELLIGENCER;
NORTH CAROLINA
; - . i-' - " ' : - "- - ' i .
!
1
i
fo
:
il
It is an universal and fundamental political principle,
that the power to protect, can safely be confided only to
those interested in protecting, or their responsible ugents,
a maxim not less true in private than in public affairs.
The danger in otir system is, that the General Govern
rat-nt, hich represents the interests of the whole, may
encroach on the States, which represents the peculiar
and local interestSi or that the latter may encroach on
the former. In examining this, point, we ought not to
forget, that the government through all of its Departments,
Judicial, as well as others, -ia administered by delegated
and j-eunonftible aents : and thatthe power which
real
- l n n (itAia ii the movements, is not
in the
Incronfe hti tKncP trim plprt Of aDDOMlt (hem.
To under-
cioni fhon ;t ra I ha meter . and what
would be the ac-
tjon of ihsvste?m in any suflposable case.we mnst raise
i : . . . . . .l . 111
our view from the mere agents, 10 mis nigu coniruuiug
power which finally impeU every movement of be ma
chine. Bv doinr so, we shall find all under the control
s of the will of a majority, compounded of the majority o
WW States, taken as corporate bodies, and the majority
tof the people of the States, estimated in federal uumbers
These united, constitute the real and final power whicl
impels and directs the movements of the General Govern
ment. '. The majority of the Stales elect the majority of
ther Senate; of the people of the Slates, that of. the House
of Representatives ; thetwo united, the President; and
trie-President and a majority ofcthe Senate appoint the
Judges ; a majority of whom, and a majority of the Sen
II ate- and the House with the President, really exertisr
I all of the powers of the Government, with the exception
off the -cases where the constitution r quires a greater
number than a majority. The Judges are in fact, as tru
ll ly the Judicial Representatives of this united majority, as
the majority, of Congress itself, or the President is its
legislative ; or exeputive representative and to confide
the power to the Judiciary to determine finally and con
clusively, what powersre delegated. nd ivhat reserved,
would be in reality to confide it to the majority, wlose
agents they are, and by whom they can be controlled in
various .ways ; and, of course, to subject (Against the fun
damental principal of our system, and all sound political
rensonimr. the reserved nowers of the States, with all oJ
; v O I ' . , .
."the local and peculiar interests, they were intended to
protect, to the will of the very majority, against which
the protection was intended. Nor w ill the' tenure by
which the Judges bold their office, however valuable t,he
provision in many other respects, materially vary the
case. Jts highest possible lTect would be to retard and
not finally to resist, the will uf a-dom nant majority.
But it is useless to multiply arguments. Were it pos
fible, that reason could. settle a question w lie re the pas
sions and interests of men are concerned, this point
would have been long siuce settled forever, by .the State
of Virginia. The report of her Legislature, to which 1
have already referred, has really, in my opinion, placed
it beyond controversy. . Speaking in reference to this
subject it says, " it has been ohjefcted," (to the right of a
State to interpose for the protection of her reserved
rights) " that the Judicial authority is to be regarded as
the sole expositor of the Constitution ; on this objection
it might be observed, first, that there may be instances
.of-usurped povv.-rs," w;iich the forms the Constitution
could never draw within the control of the Judicial De-
partment ; - .secondly, that if the decision of the Judiciary
he raided above the sovereign parties to the Constitution
the'decisious of the other departments, i not carried by
the forms of the Constitution before the Judiciary, must
be equally authoritative d final with the decision oi
that Department. But jhe-lproper answer to the objec
tion is, that the resolution oif the General Assembly re
lates to those great and extraordinary cases, in which all
of the forms of the Constitution may" pro e ineffectual
against infractions dangerous to the .-ssential Hgjits of
the parlies to it. The resolution supposes, that danger
6us powers hot delegat- d, may not only'.be usujrped and
executed by the othei Departments, but that ihe Judicial
Department may al?o exercise, or sanction danerous
powers beyond the grant ot ihe Constitution, and conse
quently that the ultimate right of the parties to the Gon
Ftitution to judge, whether the compact has been danger-j
ously violated, must extend to violations by one delegated
authority, us well as by another. bythe Judiciary, as
well as by the Executive or Legi jlatiye.'-'
Against these conclusive argiinients, as they seem to
meVit isobjected, that.ifjone party has the right to judge
of infractions of the Constitution, so has the other; and
that consequently In cases of contested powers between
n State add -the: : General Government, each woiild have a
right to maintain its oprnion. as is the case when sove
reign, powers differ in the construction of treaties or com-
! pacts, and that ot course il would come to be. a mere
question of force. The error is in the assumption that
,1he General Government is a party to the constitutional
j'.'Ompacl. I The States, as has been shewn,"-formed the
Compact; acting as sovereign and independent communi
lies, i 1 he; General Government is but its creature : and
though in reality a Government, with all the rights and
authority which belong to any otlier Government, within
, 4 he 6rb of its powers, it is nevertheless, a Government
i emanating from a compact between sovereigns, and par
taking in its nature and object, of the character of a joint
. comniisfciou, appointed to superintend and administer the
interests in which all are jointly concerned, but having
beyond its proper sphere no more power than if it did
not '.exist..' To deny this would be to deny the most incon
testable facts, and the clearest conclusions r while to ac
knowledge its truth is to destroy utterly the objection
thati the a ipeal would be to force inlhe case supposed.
For if each party has a right to judge, then under pur
sy stein of Government, the final cognizance of a question
of contested power would be in the States, and not in the
General Government. It wbuld be the duty of the latter,
as in 'all simitar cases of a contest botwfen one or more of
the pjrincipals, and ajoint commission or agency, to refer
, the cbntest to tfie pi incipals themselves. Such nre the
plarn'dictates of reason and analogy both. On no sound
principle can the agents have a righfto final cognizance,
as"itgainst the principals, must less to use force against
them, W maintain their Construction of their powers.
Such a right would be jnonstrous ; and has never,-here
toforej been claimed in similai cases.
Thlatthe'doctrine is applicable. to the case of a contes-
ted; power between the S'ates aud the (ieneral Gdyern
ment, we have the authority, not only of reason aiHl an
alogy,, bqt'of the distinguished statesman already refer
red to. Mr. Jefferson, at a late period of his life,1 after
long experience and mature reflection, says 'iWith
respect to our state and Federal Government, I do not
think their relations are-correctly understood by foreign
ers. I They suppose the former subordinate to the latter
This is not the case. They are co-ofridinate depdrtments
of one simple and integral--whole. But voumny ask if
the two, departmentb should claim each the same subject
of power, where is the umpire to decide between them?
InVases of little urgency or importance, the prudence of
both parties Will keep them aloof from the questionable
groahd;l)ut if it can neither be avoided nor compromised,
a Convention of the States must be Called, to ascribe the
doubtful power to that department which they may think
best.ff It is thus that our Constitution, by authorizing
amendments, and by prescfibin? the authority and mode
of making them, has, by Vsimple contrivance, with its
characteristic wisdom, provided a power, which in the
last resort supercedes effectually the necessity, and even
the pretext for force a power to which none can fairly
objec't,i with which . the interests of all are safe ; which can
definitely ' close, all controversies in the only effectual
modi, by freeing the compact of every defect and uncer
tainty, by an amendment of the Instrument itse If. It is
impossible for human wisdom in a system like ours, to
devise auotber mode which shall be safe and effectual,
and at the same time consistent witu what arethe relations
and acknowledged powers of the two great departments
"cif
our Government. It gives a beauty and security
culi.fr to our system, which, if duly appreciated, will
tran?mh its blessings to the remotest generations ; hut if
. not, our splendid anticipation of the future will prove but
an empty d reafn. Stripped of all its covering, and the
. naked question is, whether ours is a Federal or a a con
solidated Goveromtsnt ; a constitutional or absolute one ;
a government resting ultimately on the solid basis of the
I Lt-"5 lyrVne ?la,e8' or n the unrestrained will of
' n tuctjui I
?T Ji f government, as in all other unlimit-
nrevadlC vio,ence. ce musC
prevail. Lti it never h fn,,l .it ' it.
ed Ones
-iit -.i
"mr"- Msotten that where the
du,tect: an,d ,hat,if we
v . . .'I rt . "lc lu Ilia foritlPr lha arrni
lent ot constrain?, the Cnnet;,.,.: ., , -
Ct between the sovereign and ...k; : UU,VJ. uc
.1 . "-'"mm . I nura 1,1 I, :
vernment, hq Constitution;; or. at lea kXSZ T.
the name, or serving the legitimate object of 8o sacred an
instrument. , eQ an
How the States are to exercise this high power of int
position which constitutes so essential a portion of th
reserved frights that it cannot be delegated without an en
tireturrender of their sdrereigntu. and converting m,r .
tetn from a federal into a consolidated government, is a
question,' that-the States only are competent to determine
The arguraedtl' which prove that they possess the power
cquany prove, iuni iuc mem me muguage oi Jetlerson
, the rightful fudges; of the fnode and measures ofrtdrest"
i But the spirit of 'forbearance, as well as the nature of the
right itself, torpids a recourse to it, except in cases of
dangerous infractions of the Conslitution ; aod then only in
hope of relief, from j
the last resort, when all reasonab
ineoruiuBij v b , , r ,
f the right to iuterpose did not exist, the
r ro-
would be submission j and oppreSsjpo on one side, or re
sistance by force On the-the other
svstem'should
tisip nm be- ;
Thajt our
afford, in such extreme cases, ah intermed
ween these dire alternatives, by
which Jbe government
mav be brought to a pause, and
intprval r-
tained to com pro mi e differences, or, if impracticable, oe
MtlV WT -- ---
.nnn J .. e..Um:. .U- r. rn el it Hi lO HBI u-
justment, thro an appeal to the
States themselves, is an
evidence of its ,high wisdom; an
element not, as i sup-
reren?th : not . i anar-
pusu vr-j oj in vj i vi rw chmicqs, o
rhv nr revolution: hut nf neace arid afHy. Its general
r rr 9 r am a a 4 r a a Ar w 1 1 f"
recognition would of itself In a great measurt, tf not alto
gether, supercede the necessity of its exeise, by impressing
nn tJrJrrment of the government J hat moderation and
justice so essential to harmony peace in a country oj
such vast extent, ana aiverwy j
would if controversy should Come, turn the resent
ment of the aggrieved, from the system to those whlo had
abused its powers, (a point all important) and causa them
to seek redress, not in revolution or overthrow, but tit reformation-
It is, in fact, propefly understood, a substi
tute inhere the alternative icould be fdrce, tending to pre
vent, and if that fails to correct peaceably, the aberrations
in which alt volit'Cat systems are liable, and which, if per
milted to accumulate, without correction, must finally end
in a S e ntrai catastrophe
I have now said what 1 intended in reference to the
abstract question of the relation of the States to the Gen
eral Government, and would here conclude, did I not
believe that a more genet al statement on an abstract ques
tion, without including that which may have caused its
agitation, would beJ considered by many imperfect, and
unsatisfactory. Feeling- that such would be justly the
y - ---- o ; (. rr
case, I am Compelled, reluctantly,! to touch on the Ta
riff, so far. at least as mav be hecessarv to illustrate the
opinions which I have already advanced. Anxious how
ever, to intrude as little as possible on the public atten
tention, I will be as brief as possible, and with that view,
will, as far as may be consistent with my object avoid all
dbateable topies
Whatever diversity of opinioh may exist in relation to
ih nrinrinl. rr the eiTert on the nrodticlive industry of
r-"--i--"7 - r 1
the country, of the niesentor any other Tariff of protec
tion : there are certain political consequences flowing
from the nresent. which none can doubt, and all must d--
nlate. It would be in vain to-alteiiipt to conceal that it
has divided the comtry into two great geographical di
visions, and arrayed them against each other, in opinion
at least, if not interests also, on some ot the most vnai o
onlitiral suhiects : on its finance, its commerce, and its
industry ; subjects calculated above all others, in time o
peace to produce excitement, and in relation to which the
i . I I . I t j .! ,1.... ,..J ii ii
larui nas piaceu me sections hi qucsnuii m uccji nuu um
serous' conflict. If there be atiy point on which the (
was trn'msr to khv Southern section, btit to avoid as far as
possible, the painful feelings such discussions are calcu
ted to excite, 1 shall say) weaker 61 the two sections
is
unanimous, it is that its prosperity depends in a great
measure on free trade, liht taxes, economical, and as
far as possible, equal disbursements of-the public revenue
and an unshackled industry, leaving th'-m to pursue what
ever mey. appear most advantageous to their interests.
From the Potomac to the Mississippi, there are tew in
(feed, however divided on other points, who would not, i
dependent on their volition, and if 'they regarded the in
teiest ol their particular section only, remove from com
me'ree and industry every shackle, reduce the revenue to
the lowest point that the wants! of the Government lairlv
required, and restrict the appropriations to the most mo
derate scale, consistent with-the peace, the security, and
(he engagements of the public ; and who do not believe
that the opposhe system is Calculated to throw on them
an unequal burthen to repress their prosperity , and to en
croach on their emovment. i, J A
On all these deeply important pleasures, the opposite
opinion prevails, it not with equal unanrriity. witn at
least a greatly preponderating jmajcrity, in the other and
stronger section ; so much so, thit no two dUtinrcf nations
ever entertained more oppositeviews of policy than these
two sections do on the all Important points to which I
have referred. Nor is it less certain that this unhappy
conflict, flpwiug directly from j the ; Tariff, has extended
itself to the halls of legislation, and has converted the
deliberations of Congress into an annual struggle between
the two sections ; the stronger to maintain ami increase
ibe superiority it has already acquired, and the other to
throw off; or diminish its burdens! ; a struggle in which
all the noble and generous feelings! of patriotism are gra
dually subsiding into sectional and selfislr 'attachments.
Nor has the effect of this dangerous .conflict ended
here: It has not only divided -the two sections on the im
portant point already stated, but on the deeper and more
dangerous questions, the constitutionality of a protective
Tariff, and the general principles and theory of the Con.
stitution itself ; the stronger in; order to maintain their
superiority, giving a construction to the instrument which
the other believes would convert the GeneralGovernment
into a consolidated, irresponsible Government, with the
total destruction of liberty; and the weaker seeing no
hope of relief with such assumption of powers, turning
its eye to the reserved sovereignty of the States, as the
only refuge from oppression. I shall not extend these
remarks, as I might, by shewing that while the effect of
the system of protection was -rapidly alienating one sec
tion, it was not less rapidly by its necessary operation,
distraciing and corrupting the; other; and be'ween the
two, subjecting the administration to violent and sudden
changes, totally inconsistent with all stability and wisdom
in the management of the affairs of the nationof which
we already see fea ful symptoms. Nor do I deem it ne
cessary to inquire whether this unhappy conflict grows
uui ui irue misiiiKen views ot interest, on either, or
both sides. Regarded in either light, it ought to admon
ish us of the extreme danger to which our system is expo
sed, and the great moderation and wisdom necessaiy to
preserve it u u comes irom tnislaken views, if ihe inter
ests of the two sections as affected by the Tariff be reallv
the same, and the system instead of acting unequally, in
reali'y diffuses equal blessings, aud imposes equal burdens
on every part, it ought to teach us how liable those who
are differently situated, and who view their interests un
der different aspects, are to! come to different conclu
sions : even when their in erests are strictlv the same
and consequently, with what extreme caution any system
of policy ought to be adopted, -and with what a spirit of
moderation pursued, in a country of such great extent
and diversity as ours. But il, on the contrary, the con
met springs really trom contrariety of interests, if the
burden be on one side, and the benefit on the other, then
are we taught a lesson not less important, how little re-
grtiu we nave ior me interests of others, while in pursuit
of our own. or at least, ho tv ant uf . art tn rniKiiltr nur
own interest the interest of alii others : and of course how
great the danger in a country of such acknowleneed di
versity of interests,, of the oppression of the feebler bj
ine stronger interest, and in consequence of.it, of the
most fatal sectional conflicts,1 But whicb-ever may be
the cause, the real, or supposed diversity of interest,
cannot be doubted, that the political consequences of the
piouiuuory system, be its effects in other respects bene
ficial or otherwise, are really such as I have stated ; nor
cnu ii oe aouuted, that a conflict between the greai sec
tioilS on questions SO vitallv imnortant indicates a con
ditionof the country so disteuhpefed and dangerous, as
...U1,ua,m .hcuium senqusHBd prompt attention. It i:
only when we come to consider of the remedy, that, un
uer ine aspect I am viewing the subject, there can be
among the informed and considerate, any diversity of
AitiniAn t
those who have not duly reflsctprf nn its Hanron
and inveterate character, suppose that the disease will
pefcure itself: lhat events ought to be left to take their own
cA,,rnciitr, ii, a snort time, w ill prove
that the interest of the whole community, is the same in
reference to the lanff; or, al least, whatever diversity
there may pe, time will assimilate. Such has been their
language from the beginning, but unfortunately the pro
r . i . i. - .... .
git-as oi eveius uas oeen ine reverse. he country is
now more aiviueu man in 184, and then, more than in
1816. Ibe majority may have increased, but the oppo
site sides are beyond dispute more determined and ex
cited, than at any precedinglperiod. Fbrmerlyythe sys
tern ; was resisted mainly as inexpedient, but now, as un
constitutional, unequal, unjust and oppressive. Then re
lief was sought exclusively j from the General Govern
ment, but now, many driven to despair, are raising their
eyes to tne reservea sovereignty oi the states, as tne
only refuge. If we turn irom the past and present to
the future, we shall find nothing to lessen, but much to
aggravate the danger. The increasing embarrasmen
and' distress; of the staple States; the growing conviction
front experiepce, that they are caused by the prohibitory
system principally, and that under its continued oIvntsk
ion 4heir present pursuits must become profi!lessf and
win a COnvirtinn that their trrpa ond neruliar aericul
tural
capital, cannot be derived from its ancient and
hereditary channels, without ruinous losses, all concur to
th1?6' ',,8tea, f dispelling the gloom, that hangs over
subiert t"k acf' to tbose who wil1 du,v reflect on ,np
appear oerferi0, ,hat the ' will cure itself, must
betweL thi f, y ,llusSo. The question is in reality one
between the exporting aod non exporting interests of the
country. Were there no exports, there would be no Tariff.
.... i .- ..iln m.Iabv On th rtntrartf ba Iayi'it ai
It woulu oe periciitijr
ei. whinh raise the ?reat ncrririiltiirnl Kta-
mere aic . . . . .
nl.. with a view of Obtaining their supplies, and which
must depend on the general market of the, world for their of
sales, the conflict most remain, if. the system should icon- thi
rirtue, ana me aisease oecnme more anu more inveieraie
Their interest, and that of those, who by high duties',
would confine the purchase of their supplies to the gene
ral market, m'ist from the nature of things, in reference
to the TaViff, be in con8ict Till then, we cease to raise
the great staples-tfotton, rice and tobacco, for the same
markets, and till we can find some other profitable invest
ment for the immpn amount of ranital and labor now
employed in their production, the present unhappy ano
ianrerous conflict cannot terminate unless with "toe
prohibitory system itself.
In the mean time, vhileidlv waiting ior its iermina,iion,
throutrh its own action, the Drosress of events, in another
quarter, is rapidly bringing the contest to an immediate
and decisive issue. We are fast approacning a perion,
verv novel in the history of nations, and bearing directly
and nowerfullv on the point unuer consiaerauoii, me
final pment' of a long standing funded debt ; a period
that cannot be sensibly retarded, or the natural consc
quences of it eluded; without proving disastrous to (hose
who mav attemnt either, it not to ine couniry iiscu.
When it arrives, the Government would find itself ir
nosession of a surpulous revenue of ff 10,000,000 or 12
000,000, not prevsously disposed ot, whicn presents ine
imnortant Question, what previous disposition ougni io oe
ma le; a question which must press urgently for decision,
at toe verv next session of Congress It cannot be delayed
b,natr wWhnnt the most distracting and dangerous
conseouences.
The honest and obvious course is to prevent the accu
mulation of the surplus in the treasury, by timely and
judicious reduction of the imposts; and thereby to jeave
r - ! t -r
the monev in the pockets t those wno maue u, anu irom
whom, it cannot be honestly or constitutionally taken,
unless required by the fair and legitimate wants of the
Government. If neglecting a disposition so oovious anu
ius . the eovernment snotnu attempt io Keep u i mpic-
sent hieh duties when the: money v. as no longer wanieu.
O . " ' . . j
of to dispose of this immense surplus by enlarging the
ol I or divising new scheme-of appropriations, or finding
(hat to be imposible, it should adopt the most dangerous,
unconstitutional anu absurd project ever devised by afl
erovernm nt. of dividing: the surplus among the states-
(a proict which, if carried into execution could not fail
to create an antagonist interest between t he States and Ge
neral Government on all questions of appropriations,
which would certainly end in rduc
ingthe latter to a mere
ion) either of the&e
office of collection and distjibutio
modes would be considered by the section suffering under
the present high duties, a fixed determination, to perpetuate
forever, what it considers ihe present uneqiiai, unconsu
tntional and oppressive burden and from that moment,
it would cease to look to the Geni ral Government for
relief. This deeply int. resting period, hit h must prove
so disastrous, should a wrong direction be given, but so
fortunate aud glorious, should a right one, isjust at bund
Thp work must commence at the n-x session, as I have
stated, or bt- left undone, or at leat be badly done The
succeeding session would be too short and too much
agitated by the Presidential contest, to afford the requisite
leisure and c dmness and the one suc eeding, would find
mn'ntrv in the midst of the crisis, w hen it would oe
too late to Drevent an accumulation of the surplus, which
I haraid nothing in saving, iudeinef from the nature of
. - r j o' J - :
men and eovernment, if once permitted to accumulate,
would create "an interest strong enough to perpetuate
itself, supported as it would oe oy oiners, so numrious
and poiverful, and thus would pass away a moment never
o be quietly recalled, s preci us, if properly used, to
lighten the public burden ; to equalise the action of the
Giov.jrnmetit to restore harmony and peace ; and to present
the world, the illustirous example, which coul ! not
fail to prove favorable to theereat cause of libertvever
where, of a nation, the freest, and, at the same time, the
best and most cheaply governed of the highe-t eailhly
blessing, at the least possible sacrifice.
As the disease will not then, ,eal itself, we are brought
tn tliH nuestion. ran a remedv be DDlied. and. if so. what
ought it toibe ?
- - - i j i '
To answer in the negative, would be to assert, that our
union has utterly faib d ; and that the opinion, so common
be for' the adoption of our Constitution, that, a tree
Government could not be practically extended over a large
cpuntry, was correct, and that ours had been destroyed
by giving it limits so great, as to comprehend, not (inly
dissimilar, but irretonciieable interests. I am not pre
pared to admit a conclusion, that would cast so deep a
shade on the future, and that would falsify all the glorious
anticipations of our ancestors, while it would so greatly
lesson their high reputa run for wisdom. Nothing but
the clearest demonstration, founded on actual experience
will ever force me to, a conclusion so abhorrent to aU
mv feelings. As strongly as I am impressed with the
great dissimilarity, and, I must add, as truth compels me
to do, contrariety of interests in our country resulting
from the causes already indicated, and which ate so
great, that they cannot be subjected to the unchecked
will of a majority of the whole, without delea'ing the
great end of government, (and without which it is a curse)
justice; yet 1 see in the Union, as ordained oy tne yonsti-
tution, the means, if wisely used, not only ot reconciling
all diversities, but also the means and the only effectual of
one securing to us justice, peace and security at home and
abroad, and w ith them, that national power and renown,
the love of which Providence has implanted for wise
purposes 60 deeply in the human heart ; in all of which
great objects, every portion of ourxountry widely xten-
ued and diveisiliea as u is, nas a common anu lutoucm
interest. If we have the wisdom to place a proper rela
tive estimate on these more elevated, and durable bles
sings, the present and every other conflict of like charac:
ler, may be readily terminated ; but if, reversing the scale,
each section should put a higher estimate on its immediate
and peculiar gains; and acting m that spirit, should
trust favorite measures of more policy, without re
gard to peace, harmony or justice, our sectional,
conflicts would then indeed, without some constitution
al check, become interminable, except by the dissolution
of the Union itself. (.That we have, in fact so reversed
the estimate, is too certain to be doubted, and the result
is our present distempered and dangerous condition.
The cure, most commence in the correction of the error,
and not to admit we h;ave erred, would be the worst
possible symptom. It would prove the disease to be
incurable through the regular and ordinary process of
legislation; and would compel finally, a resort tOextraordi
nary, but I still trust, not only constitutional, but safe
remedies.
No one would more sincerely rejoice than myself, to
see the remedy applied from the quarter where it could
be most easily and regurlarly done. It is the only way
by hich those who think that it is the.oulytquarter from
which it can constitutionally come, can posiiblyr sustain
their opinion. To omit the application by the; General
Government, would compel even them to admit thelruth
of the opposite opinion ; or force them to abandon our
political system in despair; while on the other hand, all
their enlightened and patriotic opponents would rejoice
at such evidence of moderation and wisdom on the part
of the General Government, as would supersede a resort
to what they believe to be the higher powers of our pp
Iiticat system, as indicating a sounder state of public sen
timent than has ever heretofore existed in any country,
and thus affording the highest possible assurance of the
perpetuation of our glorious instiutions to tlie latest ge
neration. For as a people advance in knowledge in the
fame'; degree they mav dispense with mere artificial re
strictions in their government; and we may imagine, (but
dare not expect to 6ee it,) a state of intelligence so uni
versal and high, that all the guards of liberty may be
dispensed with, except an enlightened public opinion ac
ting through the right of suffrage; but it pre-supposes a
state where evry class and every section oC the Commu
nity are capable of estimating the effects of every meas
ure, not only as it may affect itself, but every other class
and section ; and of fully realizing the sublime truth, that
the highest and wisest policy consists in maintaining jus
tice and promoting peace and harmony ; and that com
pared to these, schemes of mere gain ate bul trash &nd
dross. 1 fear experience has already proved that we are
far removed from such a state, and that we must conse
quently rely on the old and clumsy, but approved mode
of checking power in order to prevent, or correct abuses ;
but I do trust that tliungh far from perfect, we are at
least so much so as to be capable of remedying the pre
sent disorder in the ordinary way; and thus' to prove
that with us public opinion is so enlightened, and our po
litical machine so perfect, as rarely to require for its pre
servation, the intervention of the power that created it.
How is this to be effected ?
The system, if continued, must end, not crnfy in sub
jecting the industry and property of the weaker section
to the control of the stronger.butin proscription and politi
cal disfranchisement. It must finally control elections
and appointments to offices, as well as acts of legislation
to the great increase of the feelings of animosity and of
tne fatal tendency to a complete alienation between tbe
sections.
The application may be gainful, but the remedy I con- -
ceife is certain and simpte. mere is
cure an honest reaucuon oi me amies w a
. .t a. t nA.A:..!Anl ivanlS
of revenue, adapted to ine jusi anu vuhsimiw"
.u r.oM,ml.r.i rNotninsr snor ot inis win icmu.v
country to peace, harmwny aud mutual affection.
re is already a deep and growing conviction in
e
Thpre
larre section of tbe country, mai mc !UjHum -
e . I ,,! njiiJ that It is main
section of the country, tnat tue impost
revenue system, is eiiremci.y yncH,.i, .- .---
y paid by those who turnisn tne means oi paying ic
rhnrp of the couniry on wnicu n is mm ,
that the case is not variea, laKing into n.c ci.mo ...v
entire action of the system, whether tne prooucer or con
sumer pays in the first instance. ' :
I. do not propose to enter ioriuiuij imu u
of a point so complex and comesieu ; uu. i
sarily a strong practical bearing on
consideration, ui all its relations, i cmuui
a Tew general and Grief remarks.
If the producer in reality pays, none w. uuuu.
burden would mainly fall on the section it is supoosed to
do. Ths theory, that the consumer pays, ...
stance, renders the proposition more complex, ana win
require, in order to understand wtiere ine 7
alitv ultimately falls, on that supposition, to consmer me
" . . - - , . . 1 1 ; . , 1 ..Inon S:llIII
protective, or as i'-- irienos can n, ne ainnn..
under its three-fold aspect of taxation, of protection, and
of distribution ; or as performing at the same .un- .r
several functions of giving a revenue to the Government,
of affording protection to certain urancnes 01 uo,uc..
industry, and furnishing the means to v ongress 01
b iting iaiye sums tn.ough its appropri-itions ; all of which
are en hlen.teH in tbpir efTects. that it is impossible to un
derstand its true operation, without taking the whole in
to the estimate.;
imitting then, as supposed, that he who consumes
the article pays the tax in the increased price anu nmi
the burden falls wholly on the consumers, without affect
ing the producers as a class, which,, by tie bye, is iai
from being true, except in the single case, if there be such
a one, where the producers have a monopoly 01 aa-aru-
le so indispensable to life, that the quantity consumed
cannot be affected by any increase of price, and that
coMxidered in the light of a tax merely, the impost duties
!all equally on every section, in proportion to its popula
tion, still when combined with its otber effects, the bur
den it imposes as a tax, may be so transferred from one
sectioii'to the other, as to take it from one and place it
wholly nn the other. Let us apply tbe remark fi st to
it .- peration as a system of protection-
The tendency of the tax or duty on the imported ai ti
de is not only to raise its price, but also in the same pro-
portion that of the domestic nrlicle of the same kind, for
which purpose, wheu intended for protection, it is in tact
laid; and of course, in determining where the system ul
timately places the burden in reality, this effect also must
bt- taken into the estimate. If one of the sections exclu
sive! v produces such domestic articles, and the other pur
chases them fiom it, then it is clear that to the amount of
such increased prices the tax or duty on the consump
tion of the foreign articles would be transferred from the
section producing the domestic articles, to the one that
purchased and consumed them, uniess the latter in turn
be indemnified by the inn-eased price of the objects of its
industry, which uone will venture to, assert to be the case
with the great staples of the country which formed Ihe
tais of our export?, the pr:ce of which is regulated by
the foreign and not the domestic market. To those who
grow them, the increased price of the foreign and domes
tic articles, both in consequence of the duty on the former,
is in reality, and in the strictest sense a tax, while it is
clear that the increased price ol the latter acts as a boun
ty to the section produciug them, and that as the amount
ot such increased prices on what if sells to ihe other sec
tion is greater or less than the iuty it pays on the impor
ted articles, the system will in fact operate as a bounty,
it less a tax.
Aeain, the operation may be equal in every other res
pect, and yet the pressure of the system relatively, on
the two sections be rendered very unequal by the appro
priations or distribution. If each section receives back
what it paid into the treasury, the equality, if it previous
ly existedj will continue ; but if one receives back Jess, and
the other propnrtionably more than it paid, then the dif
ference injrelation to the section will be to the former a
loss, and to the latter a gain; and the system in jt his as
pect would operate to the amount of the diffeience, as a
contribution from the one receiving less than it paid, to
the other that receives niorei Such would be incontes
tibly its general effects, taken in all its different aspects,
even on the theory supposed to be most favourable to
prove the equal action of the system, thai the eonsumer
pays in Ihe first instanceihe whole amount of the tax.
To shew how, on this supposition, the burden and ad
vantages of the system would actually distribute" them
selves between Ihe sections, would carry me too far into
details ; but I feel assured, after full aud careful examina
tion, (hat they are such as to explain, what otherwise
would seem inexplicable, that one section should consi
der its repeal a calamity, and the other a blessing; and
that such opposite views should be taken by them, as to
place them in a state of determined conflict, in relation
to the great fiscal and commercial interests of the coun
try. Indeed, were there no satisfactory explanation, the
opposite views that prevail, in the two sections, as to the
effects of the system, ought to satisfy all of its unequal
action. There can be no safer or more certain rule than
to suppose each portion of the country equally capable
of understanding their respective interests ; and that each
is a much better judge of the effects of any system of
measures on its peculiar interest, than the other can pos
sibly be,
But w hether the opinion of its unequal action be cor
rect, or erroneous, nothing can be more certain than that
the impression is widely extending itself, that the system,
under all its modifications, is essentially unequal ; and
if to that be added, a conviction still deeper, and more
universal, that every duty imposed for the purpose of
protection, is not only unequal, but also unconstitutional,
it would be a fatal error to suppose, that auy remedy,
short of that which I have stated, can heal our political
disorders.
In order tp understand more fully the difficulty of ad
justing this unhappy contest, on any other erOund. it
may not be improper to present a general view of the
constitutional oDjection, that it may be clearly seen how
hopeless it is to expect that it can be yielded by tbose
who have embraced it.
They believe that all the powers, vested by the Constitution in
Congress, are riot only restricted by the limitations expressly im
posed. rtit alsoy tbe natnre and object of the powers themselves.
Thus though the power to impose duties on imports be granted in
general terms, without any other express limitations, but that they
shall be equal, and no preterence shall be given to the ports of one
State over those of anocher, yet as being a portion of the taxing
power, given with the view-f raising revenue, it is from its nature
restricteu to that object, as much so as it the Convention bad ex
pressly om.tecl it; and that to use it to effect any other purpose!
not spec.fied in the Constitution, is an infraction of the instrument
in its most dangerous form; an infraction bv perversion, more ea-
soiy .iim.e.ai.u more aimcult to res St. than anv other The me
view is believed to be applicable to ihe power of regulating con.-
marn ac tkt a I 1 a r ill - U . -
...t,.v, , luc oilier powers. To suriender this impor
tant principle, .if is conceived, would be to surrender ail power,
and to refcder the government mduiited and despotic; and to yield
it up, in relation to the particular power in question, would be in
fact to surrender the control of the whole inHuslry and capital of
he country 4q the General Government,- and would end in placing
the weaker section, in a colonial relation with the strongei . For
nothing are more dissimilar in their nature, or may be more equally
affected by the same laws, than oifferent descriptions of labor and
property ; and if taxes, by increasing the amount and changing the
intent only, may be perverted, in fact, into a system of penalties
and rewards, it would give all the power ihat could be desired, to
subject the labour And property of the minority to the w ill of tbe
majority, to be, regulated without regarding the interest of the
former, in subserviency to the will of the latter Thus thinking,
it would seem unreasonable to expect, that any adjustment, based
on tbe recognition of the correctness of construction ol tte.Con
stitution, which would admit the exercise of such a power, would
satisfy the weaker of the two sections, particularly industry and pro
perty, which experience has shewn may be so injuriously effected
by its exercise.! Thus much for one side.
The just claims of tbe other ought to be equally respected
Whatever excitement the system b is justly caused, in certain por
tions of our country, I hope, and believe, all will conceive that
the change should be made with the least possible detriment to the
interests of those who may be liable to be affected by inconsistent
ly with what is justly due to others and the principles or the Con
stitution.; To efftct this, wilt require the kindest spirit of concilia
tion, and the utmost skill ; but, even with these, it will be impossi
ble to make the transition, without a shock greater or less; though
I trut, f judiciously effected, it will not be without many com
pensating advantages. That there will be some sucb, cannot be
douoted. It will at least, be followed by greater stability, and will
tend to harmonise the manufacturing with all of the other great
interests of the country, and bind the whole in mutual affection
But these are not all. Another advantage, of essential importance
to the ultimate prosperity of our manufacturing industry will fol
low. It will cheapen production; and, in that view, th loss of
any one branch, will be nothing like in proportion to the reduction
of duty on that particular blanch. Every reduction wfli in fact
operate as a bounty to every other branch, eicept thf one reduced
and thus the effect ol a general reduction will ie to cheaDen ni
nrnfifn bv nn mpana rfldnmd m-tVA:A 1 1. .
w cur, ii uui. equal DrontS atler lie rA
L'k r j Ft"F"'""iy vo me cut tee van effect
r ''C V. "&"dAlI?re niarket i. of the utmoiS
tance. It must be apparent on reflection, that the means adonVed
to secure the home market, for our mm,f!..t.. !,.M.0Pd
x.muou.rcuiuu section, that the means aiinrit
re the home market, for our manufactnre. .- .Tl.0 f1
opposite of those necessary to obtain ifi?Jg
the increase expense of orodnction ; L.'"' Jl ltte forner.
increase expense of production in
rr-tection,may be more than compensated rV the " 2, :
home of the article protected ; bat; iu the lattet thUJ P.r!ce
is lost, and as there is no other eorresMin S2lL.-BdT!lBt
creased cost of production mu.tSd l!4 22? fernVn
tnVs rn mAtely cofPsate to the full extent, or not,
V XI manufacturers on the reducUon of tbe duties, certain
it s, that we bave approached a point at which a great change
.-KlVS? win be, .ndte i
sure nd calmness for a cautious and skilful operation in m l
the transition; and which it becomes (hose; more immediatli '"S
terested dory to consider, nor ought thev to overlook ;,. ...7 f n-
ing the question
sides. Tbe one
tbe liaerentcharac&r'of the . r-
vuaiuKiTii we claims nr .l
1 - , v.
Tbe one asks from tbe Government no cdvantaire 1 . . 0
ply to be let alone in tbe undisturbed possession of tne'ir
other objects of the Constitution, was one of their lead in w-
;. ,v- tt;. Brhiio tk. ,!. -wi- "IK motive
advantages, ana w secure wuitu .ar as was consistent
natural
in entering into the Union!
vancemeut of their
prosperity, the positive interference r.ti.h.eJ?(1"
vernment. In sucb cases, on every principle of fairnc. .
justice, swen iFenerence ougui to oe restrained within V
. . . f. . t . 1 . 4 . . An4
ct. . onmnntime with ine natural nnvamap-ps nt k ...
oi, .....j . - ---- o jc- oiner
He
of the final payment of the public debt; the growing disrWC
WOO, loon"g ii an 01 iuc tur iu vprmuuu , me near
an.,..
. - 1 ...tc-aniia 1t K evctam n ai larffA a CPflinn , . ,
the deeper principles on which opposition to it is grdual' . ;
- . '. . .1 , . n rn a . . lJ (Um.
avoidable and that the attempt fo elude or much longer dels
must finallv but increase the shock, and disastrous conen,..
which may fotlow. yVxt
In forming the opinions I have expressed, I have not been
tuated by an unkind feeling towards our manufacturing iM r
I now am, and ever have been decidedly friendly to them th"'5!'
I annot concur in all of the measures which have been adorned
advance them. 1 believe, considerations higher than Ruy queKr
of mere pecuniary interest forbids their use. But subordina
these higher views of policy, I regard the advancement rf t0
chanical and chemical improvement in the arts with leelines v
tie short of enthusiasm ; not only', as the prolific source of naii J
and individual wealth butas the great means of enlarginjr tt,e!j
main of man over the material world ; and thereby, of lavine-th
solid foundation of a highly improved condition of society,"nioran
and politically. Ifearnotthat we shall extend our po ver too' faro
the great agents of nature ; but on the contrary, I consider sn'h
enlargement of our power, as tending, more certainly and powpJ1
fully, to better the condition of our race than- any one of the m
powerfu' causes now operating to lhat result. With ihese imD8
sions, I not only rejoice at the general progress of the arts inih'
world, but in their advancement in our own country; and at t
as protection can be incidentally afforded, ir the fair ano Wn
t j. i v i j , v. -" , wu.. .v.,... 2 , ' i ii ii u w as i nave
,. 1 - " s 1 nave ni
id policy, connected with security, in(!eDpn
le country, require them to protecte t buf
siiie je step beyond, without jeapardivine ,
ways aone, in ii suunu
dence and peace of the
tin, we rjinnm l , n ei n i iu cipn itpviinn. uirnAnt . . i
-r- - " r jrwiiBrUI7ingr onr
peace, our harmony and: our liberty ; considerations of ii nniiei
more im; ortance to us than any measure of mere policy possil
can be. .
In thus placing my opinions before the public, I have not been
actuated by the expectation of changing the public sentiment
Such a motive, on a question so Jong agitated, and so beset with
feelings f prejudice and interest, would argue on my part an
mfferable vanity, ard a profound ignorance of the human' Ueao
To avoid, as far as possible, the imputation of either. I have con
fined my statement in the many and important points on which I
have been compelled to touch, to a simple declaration of my on
nion, without advancing any other reasons to sustain tbern i than-"
what apppeared to me to be indispensable to the ;ull understn'nditi'
of my views, and, if they should, on any point, be thought not to be
clearly and explicitly developed, it will IjTust, be aitrilmted to
my solicitude to avoid the imputations tqvhich I have
and not from any tiesire to disguise my sentiments , nor ihe want
.eof arguments and illustrations 10 maintain positions, which c!
-i i : l. ... i. . i : . . , i .... i . 1 t
huuuuu in uu in, mat ii wuuiu requjic a volume to (10 them anv
thing like: justice. I can only hope, that truths, which I feel as
sured are essentially connected with all that we ought to hold most
dear, may not be weakened in the public estimation by the imper
feet manner in which I have been by the object in view compelled
to present them.
With every caution on my part, I dare not hope, in teking'fhe
step I have, to escape the imputation of improper jnotiv.;; thoucli
I have without reserve, freeiy expressed mv opinion?, not retard
ing whether they might, or might not be popular. I have no rea
son to believe that they are such as will conciliate public f,:vour
but the opposite ; which I greatly regret, as I have 'ever lSea
a high estimate on the good opinion of my fellow citizens. But
be that as it ni.iy, I shall at least be sustained by feelings , f con
scious rectitude 1 In ve formed my opinions after uV most care
ful and deliberate examination' with all of the aids which nv rea
son and experience could furnish ; I have expressed tbem honestU
and fearlessly; regar lets of their rffects personally ; which, how.
ever ir,te estms; to me indjvidually, are of too little importance u
be taken into the estimate', where the liberty and happiness of our
country are so vitally involvitf. r JOHN C. CALHOUN
Fort Hill, Ju!y 26th, 1831.
The Navy There are now the pendants of
tnree Commodores streaming to the breeze in
our waters, viz; the blue of Commodore Cliaun
cey who "commands this naval station; the red.
Commodore Downs, of thp Pntnmnr rlplJnn,l
- 7 - v w v j uvuuinvt
to the squadron in the Pacific Ocean, and the
white of Commodore Cassin of the Hudson
frigate which came up and anchored in the Hud
sonrivef on Saturday on which occasion sa
lutes were exchanged between that ship and the
Potomac Probably it is not o-enerallv known
that the rank of our naval commanders ol
squadrons, is determined by the colour of the
first blue the second red and the third white.
The Hudson is probably discharging Jier
crew, preparatory to laying the frigate up in
tne ixavy lard, as we. perceive many groups
of her seamen with their white trowsers and
blue collars in the street. They look verv
well, and healthy, clean and respectable. In
deed we are informed upon authority that need
not be questioned, that there is an obvious and
very great improvement taking place in the
moral character of our seamen. As an evidence
of this fact, upwards of one hundred of the
Potomac have voluntarily relinquished their
grog, preferring to receive the value of the
ration of ardent spirits in cash, for which the
Department has rermtlv
a; J mx vvvt j'Vi llJlOClViii ;
New York Gazette.
London Police On Saturday, James Jordan, a
butcher, residing at Stoke. Newington, was brought
before Messrs. Broughton and Twyford, upon a war
rant for assaulting and beating John Lane, a bov
about 14 years of age,
. The plaintifT, an arch looking little fellow, stated
that on Thursday he was amusing himself near the
defendants' shop with a few juvenile companions, and
began singing a song, in which his playmates joined
chorue, when the defendant came out and desired them
to be off; not having completed the song, they did not
obey the defendant's peremptory order immediate!
when the defendant rushed out with a droyer's stick
m his hand, and belabored witness till his arms and
back were black and blue. The stick was here prc
duced, it was about two inches thick, and the boy
showed the Magistrates several severe bruises he had
received from the defendant.
The boy's statement was corroborated by four re
spectable witnesses.
Mr. Broughton It appears a most unprovoked as
sault. Pray what song were you singing, to raise tbe
butcher's anger so high?
PlaintifT It was "Alice Gray Sir.
Mr. Twyfork I shrewdly suspect that the butcher
IS ,VeJ ,, d and ears in Iove and these mischievous
littleTellows sing this song to tease him. Now,' tell
me the truth, boy, has not the butcher got a sweet
heart who don'f return his love?
tEvTtTJ..6' ir- . (Laughter.)
x vvviorn a
y No, Sir. Sa
thOUffht m. Thpn whv
torment the defendant with tVi
uutctier But you should hear the parody what
they have made, Sir. : -
Boy--Ah, but ldon't sing that, it is another boy.
Pucner But you help him. Let their worships
hear ii it is fit to be sung to a young man what's going
to be married.
Boy Oh, yes, if you wish it.
For her I'd kill the finest ox,
Aod bone for her the fat; '
or her I'd prig a prime sheep's head,
And shove it in mv hat. ;
To make her fat as any hog,
I'4cerf her night and day ;
But she cerns the heart that's breaking
c, 5"e naughty Sallj Gray. I
Shouts of laughter Mowed this ridiculous parody.
. y""wv" eaiu sucn jokes were, no doubt, an
noying, but they were no excuse for such a violent as
sault, tie should onlv fin th rpnHant Ifte. and
l(?ve to BPeiak t0 Plaintiff.
-r """ant nnauy paid 5s. and costs to the plain
and made the best of his way home, to "Sally
A person who was travelling somewhere above
Natchez, chanced to stop at a cabin, where he found
an old woman shaking with the ague. Pitying her
situation, he accosted her, " This appears i to be a
sickly neighborhood, old lady, you seem toshake very
hard." She replied" Ohno, sir, we don't be eickly
here at all, but about a quarter of a mile above here,
they do shake powerful."
The WiDiamsportj'Pa. Chronicle says; Yesterday
morningthewifeof Mr. Oliver M'Caelin gave birth to
two daughters and a eon: they are all fine stou t children
At a former birth she had two daughters and a son
V