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r.majority r.f the w.lifiln peo-
,|u would have rojuAted it. Korirtstame,
•M tho tii.si census in 1/!«),
•ioiv-Yoi'k, IVlUWvlvnni'i, and V u’jliil.l
,.i,| ,V> ilni.iilnKHnnl of lOd in Cjiigre**;
ii the second census in Idlk), tin’)’ liu.m
ml i>l‘ I4J, mill in -lKlW, 11mv li id e.\a lly
o 10 half of twenty-fhrao Suites. NovV
i«i‘vy cun iKvisf perceive, if tlioso butr
.‘ttites lin t tiloiiu voted IIgainst tlio ‘Coll*
afluiTioii ill opposition to nil the rest, the
instrument would nevertheless linvn lieoti
..(opted, nn.I irleio-ly ml • |>tI utmost it
« ijji i'y of the tciok people ul'ilus United
States-
jjjhe .absurdity of this result, to u it, to
have neincruui-.iit t">t11'.I il|iou tlm will
of n minority, isso extravagant ns to rnfute
iltngotkfet Die idea that the Federal Go-
wnrimcnt is “truly and enm'iatieally 11
g ivcrnm ’at of (lie people.” II it it isuon-
that the rmistitutioH was ralitiud
hv the Unites assembled in routeiiiioii.
and tltiil 'therefore the |Ut‘»f*le euel.
^t.’.le adopted it—Thisi.sj'i-ii’if"d-; nod in
vrh.it ottii r way could it have Keen rntili-
sH ? This is tiie only way that lbs Core-
rcignty of the State eould act. It was i li-
sovereign consent of the ‘hate that was
asked ; this could not have lieon expres
sed hv any cue brunch of the Government
of tile State, for the sovereignty does not
fc in anyone loancli alone—tint.after the
peopleol ecrli State liatl, in their sovereign
‘capacity, delegated a portion of their sove-
t*cigti power to the General Government,
and that Government received n ns a
TDCST, every one must perceive, that n<
the people of each. State e.nttiutt always
remain in Convention, for the purp ise ot
inking core of their veserved, cud guard
iiig- the exercise of granted powers; and
ns'tliey have in their State Constitution
emitted the residue of the power not pre
viously conferred upon the General (Jo
voriiiitent to their own Legislature, eXeep
such as are specialty given to the t'.xeei
ill h ■
I M
/
• mine
I lie
proper toTay down vrinir general pritn 1 i
pies wi.ii-h made the i sta’/'isluneat ol : • j
I V.ler.d (Jovi-.i'UIUi'iii at all necessary. I
the luti-llig.meo and null'd vlou-aeter '• I
lilts Slates were itlto'jetlier siiffi-'ie.u I r
their own loteru il poliee, (and that ii I \
'linen, stands firulL'tt by ties to .si nuipn- j
experience,) wherefore the necessity o! i |
General G nvnmi.mt: livery bn.l.'i' r-
ccives that the laws wInch vvnvld d" ! j
tins muitieipal regulation and iutemal a:• ]
fairs of Massachusetts would not .li* !•••" i
Georgia; an I therefore it Govei'iim.'ii t 1 ,
legislate for h ull, in those puriienl .isJ
w on I I ho ahsur.J and ridiculous. U’ua:
then was it that made these t.voStit.- !
itm'V in what is colled a General Covert.-
ue'iit ? Dues any one helieve it was tli.t |
tnll; States s.hnulil legislate for tll-‘ p irti’n- '
Inr interest of oii«, and agti'wist the ptrti- j
nthtr intorest of the other? Or to conn* j
ill.>re to the p tint, that hath shorn I I -g: - I no ;
for tint prooiotinii . - tl‘ the m tnnfu:ln . > I
die one, and iliructly against die, r.gricu! I
fare of (ho other! • N •» one can believe!
this, unless he is prepared to sav that the j
weaker State vv as utterly il -si ittite of all •,
sense of self-preservation. Toe exvlu.-ii
Inducement and sole motive then to th
U.niov was, first “ Commt:acr., ji+i<1 s
condly, the Common DkI'Kack.” Kv. r
one must at once perceive, who has am I authors an I in v
knowledge • «rT the history of the times, (to their respr-e
that at the close of tlm ilevoliuiuiu too j r
States were left in ilia most ruinous eiui- ; 1
dition.asto their pohlie 'debt and cri'iit — j )
that to Commatcii, every State looked as I 1
the only etlicient source to relieve them I
f. oiii their b.-li-tfiens ; audits each State
uni excludv ty tin.- right ti. regulate its .
wii trade, die utmost per;lle\i'y an I ci,u j po wer to pi
u r p
fa y
nf. t’
r •
1 csoarts.
n gmv.r
1 Jiv O', l 1
lie 1 ! it w-.til
die
I'n
T duties will.
D i i all nu t
v avert the i
leuintitodini
Thev aro e-
Suite oug
and Lc ULs ^*3 P-
rv *r» . si ' 1 «|*«J t!i 15 can pu^si-
• i'\ \)\ r if j I ,t:CJ of sat;!l au
►il m-vi-Miro.
n^raitia I t tint
.f i') o/'/j ) •" • »
D
rf, i
■ 11 : . i I
l ’I (5 «Hi
i u If
u-
I :d l*v l
t'lfl i.ijiinritiMdii
'•!
cis:'
. • .
i • iLo.t'j l.irju
i*. IVop.i In nr
•: *>i.tur( i aui
- -O-n/v*
rr.
.Mi
l ilt; fit>( ’
th c ^
Ui /A. 'Shit:
i i u * *, re&in
'■hij-i mm ft a
.mV'jr/r dV-s
ri-e.l t'l lii.lt I VO
I' I. tad
fjrrr, in frj*p.y n i on
could he oht lined
I', it die timet tlmi
I - as, that this power
exercised hy die Slates, with, uml
h the eoilseut of < 'migross, and
to its routrul-; mid so
'le.
mill ." :.'
.'ueniiiu
Id.
j Pit! i ol’ Septeiif'er t'oi.
I e I, III! long (>! her till lilt
I p.isition, wliii-li is non
I the C.-uic.tituiiiui, in-
j the progress of tiri"
j \ri“, i.y s'l'-aring, Co
itors
o ivfilings nnl disr
t r HV I!
the d i
frr th- t
•oi- doty, to disi-ouri'. 1
toip-iriicul.ir artii-les !
.ih; the at'lint/^i.-ft'i-i
•i gi-as/g ud /'•rot v us to
w f ffoiu n/oreiirn marl
I Oi Ml I I i'i! oht 'lined
rttiV/d f
».ih) with
uidijei-l t
were tiic■
our 111• »iu_
lerjl that they insisted e-veii the
repurit that might tlitr- uri-e, should not he ftp
arti.dlf I prnpriared to the use of the respeetive
of, r-tat'es where it was erlleeted, hut slmtil.l
, ,, Stiit.. Oil the he paid into the I'rvasury of the United
cenuirifo report-1 Unites, and accordingly it was so du-
. t|,r. i‘,i!|iwing pm-1 teriiiiiied.'’ Uesidus fully nrcouutilig lor
iid funding in the ciease in questioii, wh it tiro tho ration
promote! a! iidttrences from tlio foregoing qimta-
«• tni.1 .h«» Useful \ lion. In the tirst-plue.fi, we see that the
limited times, to power of Congiees itself to lay
ui fvchsive right! imports was for“ tho suit-- o
‘alone. In tho next (dnee, aside from the
he p irt of d'.'s G i
metiiiriige I) nnest
'uii.tiote Intohiil
vill not |ire(e:i l,
to Niii/.e mi every shilliiv; <d
iit.-ri; nur iirmev fc.r the ftt.rter.il (gnfterimtenl,
...i*..... 1 ili.ii ilim- i'i..isii"l i-vpo the little rcvenu)'
rnpos').!
duties on
rn'tnus ’’
every
eivi of I lie power,
uer il G ivonimeut,
ie iVI iiiulactured, nr to
Impr uvgni'Jiit. They
at present, to ree.|in
men I the' inode uf offoriTtoS ; lint they
will ruCOiniut>iui tho pooeealilo course ol
r-'iiions:rilliug with Gnn.rr-si on tliesnh
joet, nn ( of asking id’ that body to pause
he loro it preeeuds any I'l.'thor in tneasures
dint mutt inevitably destroy the affection
ofsoin.) of tin) States for tho G •neml G i-
vermueut. It will d.ttriict nothing from
the limioc-s or wis lorn of tlm OoligresSf
to h- fin t> die voice of .State Legislitittros^
while i! is eoii.sidering tho inenufials ol
m ma factnrini' companies.
If m the eontempt of right, there should
ho added tho jealousy of pnrtiulilif, it
ui i-t he obvious to all that there will ho
an increased account of unmerited nggra
vatioii How long a people shall bo per
mitted to ctimplnlu, or bow much they
can In: made to suffer, lias always been
matter of dangerous experiment, or doubt
ful calculation; and knowledge acquired
under either issue, has never been without
Its certain nnd severe regrets.—In eon-
oii, your-Goinmittee recommend the
liisimi most have resulted from the great
diversity of interest which existed among
i hem. - C nn mere e too is die fruitful .sourre
if war. 'fo reguiat- 1 then a matter so es
sential to the xv i-1 111 ft: and pnaV.n of the
| Stairs considered as neighbors, who had
This riauso then is all tint could I fart, that the suleeet ut rmimtfrtetlitus
ui urodured from the im'quiwrtr.l pro-1 hud been beforo die convention mid set ......... , .
nisi! ions to grant the power, t . file Go-! (led to be promoted only l,y p.itmt j^tt j nHlaw.r. ? r ^
iMivd Governmetit, Dl’etii’'iurnging maim-1 there had been any power reserved t
aciores — Aud tvliai is it ’/ Tim riglii to general government to
ir .iriote science and dm v.v Tut arts. Un- ol.j-.-t, Mr. Maitin woo'd not have askeu
lur tlm first, no one will cuiitoud :1< t t;„i; for that right to the States, Boeing that
ftnlv nriiiiiiT in w iiit'll il could l)C
't IlimiUlUi'tU'.'CS
fnc and Judicial •branches of tlm Govern- I lost come out from a most disastrous von-
meiit. -iu no maunrtr pm taking of a repri- j bet, the common d angers and suff riiigs
scnltlive nature, it follows that the care m''j d'which had grontiy endeared them to
this trl'st, ns well ns every other inleres', j ach other, mil in defend this interest
of the people of each State not granted j rom intern'd and exiernal aggression,
the eo-or.linatc branches of the Stale Go > vas the true nu.l only groin. 1 ut the Con-
i>n
viirtitiiunt, hulong.s to their Legtaoiture.-
To (unite this idea clearly understoo.l :
All power is in the people—They arc oh
• iged to exercise it hy representatives
They grant a portion uf it to the Genera
Govorimient—The residue is jlistribute-
among their own Legislative, nxe.'titivi
and Judicial hrutiehes of (Joveriim.'tit—
The watching and superintending of the
'lower grnti'.t'd to the General Govern
ment so a? to keep it within its proper li
mils, ni03l rottwin some where—The poo
pie eel (done by their S'.ate authorities
this right iv nit?.; With the Cxoeutjve b:
.tudicial authorities of the State ; the con
clusion is irresistible dint their il ipreseu
fatives in General Assembly met, haw
flic, r'ght to protect the Suites from tin
usurpations of the General Government’
and to .remonstrate against any net dm
slialt'f:>cnitdr npwrrtm ’jmrx rr. 'ri's^rved
by tbn people .'lud granted to tKTelf own
lijvernment—Under this linn eotivieiivfn,
the.com nittee claim Tor the I.egishtlure
tlip rigjit to protest, and earnestly rembn-
gtrate against tho exercise, on the parte:
the General Government, of nuy undue I
powers, aiul especially, a power assumed I
j.y tliem to encourage domestic miuuifuc i
lures audio effect a system of Imernni
impvoxement vvitiiiu tho titntes. Wi
know that all complaints are listened to
with jealousy and soliielimos with eon
tempt, niid utifortunau.ly, this State lias
had stronger evidence of this, than th,
irenernl (Qjt|i qf ijm rpntiirk. Util vye
htcw'ise iiTlotv, and if itwefe necessary
we could produeotnore instances of the fat"
than is furnished, by the American llvvn
lunon j that a-long course of abuse, en
croachment mid oppression, folio wed u
after repeated warnings ..ml respect!’.,
expostulations, have itirinimitcd in a eon
vtileion fatfll to tlio ntfeelions which gen '
’rally bind together either men or nations.
We do most solemnly deprecate such no
issue uf the attachment which we hear t>
tis) Getijerul GoVcrHtrteiit, and if that Go
vernmhnt entertains a faithl’u) recollecti
on of all history on this subject, an.I is not
borne away hy the pride of superior pow-
1 cr uti.i strength which usually cIosim th.
carlo just reiuoustranct*, therb is yet no
danger uf such h result. Hut ii’rccklcss
of the fact, that the only true cement ol
ii'ileration : Or, in the l.'ing iagfi of an aide
vrit.-c, all that was dcsirt-.l, “ v\ ,ui a t'c-
'ml hto regulate Com.uereo, and a
Incite ml arm to protect u-.’’ To seritre
■ tiesu objects, all tlio powers granted in
he Gonsiiiution, are entirely refer.'ililo —
ii isa Genera] Gov eminent, an I tiiorefore
1; inust ho then under the
And there is no doubt, under the e
sinn of useful nets, as distinguished! t
the term jinc arts, hotli ngrieelluit itea’
nutnufnetures would properly fall.
All persons wfll ngrer that in. cl* can
ho moro useful than ugliruhnro a|d ma-
mifarlitres. F.verv one must at ijo P.rst
glance pneeivn that, if tho claiilc had
have stopped at the word "useful iris," the
I power to promote innnufnefurcsl would
have boon fall it complete beyond til cavil.
\ Hut-docs it stop there ? Is it a general or
I limited power ? And il’tt limited power,
J tin: only manlier ill which it
ii me was forestalled hy the Constitution,
j in conferring upon Congress tho exclusive'
I right to imposo duties or, imports. Tho
1 (f'lites being engaged in different pursuits,
' all subject to r'.iisbing interests, a gtntrul
■ power could not he given to the federal
government to regulate such a local con
cern—Accordingly it was placed hs it
should he, at the discretion oi’eaeli Slate,
who might protect its own manufac
tures, if it should choose to do so, without,
culling upon its sister States to bear the
burthen. Adopting the ideas of a pro
found writer on this subject, surely a
State does not wish greater advantages by
the I Itesoltcd, Tlint -his Excellency the Go-
encnnrtigo that vernor he anil be is hereby requested to
cause the Idregging Report to he laid be-
fue Coiigiessut its next session. And
that he forward a copy of the satue to
each of tho other Stales, to be laid before
their respective Legislatures, for the con
currence uf such us may approve T»f the
principles therein avowed : and n.s due
notice to those who may dissent from the
same, that Georgia, ns one oi the Con
tracting parties to the Federal Constitu
tion, and possessing equal rights with the
other contracting party, will insist upon
the construction of that instrument, con
tained in said hepout, and will jsudmjt to
no other.
hew is it limited ? Let common candour ;, i( . t|||in wou |j bo enjoyed by her
wt r the question— not by protecting tin
j ties--not bv imposts on foreign exports—
| not by premiums end bounties—But. “ky
j securing, for 'unite,I times, to authors nml
ie powers lit.) gerterul. '1 he mates tie- , inventors, tho exclusive right to their .re-> i
intended to give up one particle of
, nver tliat related to their internal politic ;
.1 the powers of the General Govern-
iieiil are notion il; that is to sav, they are
uite.l to ilio tskt.lc confcderalien ns one
, ilioii ; they arc not to operate partially j ,,,. t ,, promote i
i as in affect one citato mid not another. ! |n01 | u .] u , t , jj,,, ri .
Ml l'ie powers gr .iiled hy tire General j rn:txitn :in law ;
Joverltmeut, wi'l, the exeeptimi of tax-ui-
,n, tii.’) Duties e.umiot legislate upon, so
lint when it is necessary to ascertain the
lowers wliicn belong to each, it is u|.,n.‘
esl.-.l hv tiii.s principle—It’ the General
j .vornilieiit ran legislate upon it, the
'Hates cannot, and vice ccrsn. The two
iovei ntnents do not possess cu icurrenl
iiwcr nflegi-lalbui on the same su!i,ects.
I'ho Federal Court itas declarr.l that “it
'stlie gehiu.i and t-h.irai ter if tin: whole
'ioverutiiont, that its action is t,> he ap-
i.ied in all I he extern 11 and internal e >u
Situe which affect the .'shit n generally amt
--•oiiil'y i hi it not to those whidi are ruin-
tiieldy within a particular Shu , which il.i
lot affect other Slatm, mid with uiurh it is
lot necessary to interfere Jor the purp me
re eating some nf Ike general pouters of the
iJovcniinenL
With these''general reflections, let im
proceed to c.nisidei tile rigiil of th" <1-:-
■ier.il (Jovernnluitto encourage Dfimesii,'
Manufactures,tiiiitst'the tight to reg.tlate
■Jommerce. It is readily conceded, that
ejy law regulating Corlimercc f,.r its s'.le
advantage, or t’or the purposes of revenue
-vliirli shall incidentally promote the m-
,crest of MnllliU,'Uiros, will he p-ofeetly
roconcilealiio with the power to icgnlate
Commerce; hut th.: moment it losctisgiit
of either of those utijectN, then it is a <le-
.iiirlure from lie: spirit and tin.: intent of
i.aCoiistiiiuioii; and a breach in that
regard, according to tili interpretation ol
law, is not lass illegal, than a violation of
lilt) most express •pr^ovisioii in iIib instru-
uent. ffCouimeree u as one of the prim: j iVnended', marc' could have 1
pective writings (in scirvcn) and discovr
rins” (in tho use fill arts.) Now, says till
aide advocate of State rights, “ If a pow
er to promote a specific object, hy a pre
scribed mode, docs not exclude the pow-
!iy a different, or other
. i i truth' in a miivorsal
,| logT) that “ the ex-
I prcssion of one thing fs tiie exclusion
I of airdher." The,restrictive words upon
ilio pow cr to pj-.iouitc. the useful arts, must
have meant Something ; and is any tine
so iiiic.in.li.l as not to own that it was
mcrelvto “ secure In ingenious men pat
ents for their inrc.ili.ias." Ifritiugs and
inventions would alike benefit all tho
-'.rates : being general they would have an
vuvil and impartial operation over the
i/i,i.f l olio Not ho hy encouraging the
falrichs that reuilteil from these inven
tions; for some Dt ifcs might possess great
er m mus both moral iiiui physicol pro
duce them. Tlm inventor nf tii” pl-.n-.di
might ho reward "d, hut no one will coii-|
tend that it sJiould mit.tlo the plough:,mn |
to an exclusive privil'Xft* over tlio wearer —
Nor would a p itent for the elenni loom ah-1
ihorise a peeu i.ir indulgence to its cloth'
over the hard eitnied hi i id of rtie planter.
Tlie.-e hclng a'l local and partial operati
ons, would,subject tiie States, :‘.V,ili-nit;od
to the legislation of the general govern
ment, to the most unequal effects, and
wholly subversive of that principle which
we have already mentioned, that the "ac
tion nf the general government is to he
apidied to all the external and internal
roiieeriis which affect tho Stales general
ly and equally : lmi not to those which
are completely within a particular Slate.”
Manufactures had been proposed in the
Convention, and so had tlio sciences, and
.all that could bn pussihly oh'aiusd for them
was the provision we have just ojxnbiined.
Every one must believe if more ha I been
confederates ? Surely she dues not desire
more, at 'die expense of her sister States,
than she would possess if she remained
free and mdependoKt—-Surety, if sove
reign end independent of the whole world,
she would mu lay duties to encourage her
own domestic manufactures, because it
would oppress her commerce and agri
culture; she will not wish their prosperi
ty at the sacrifice of the very same inte
rests of her neighbors ? If there is any
The following is the concluding portion
of the Uepori of tiie Special Committee of
tho Senate of South Carolina, outlie Re
solutions submitted hy M r. It a MS at , on the
subject of State Rights:—
It remains for your committee to report
what measures in their judgment, the Le
gislature ought to take in order to preserve
the State sovereignty. This is nn inquiry of
uwfifl importance, and the committee are
nut disposed to shrink lrutri the duty thus
devolved (Ml them.
That the Congress of the United States
I has been in the exercise of powers not vvar-
^ ^
necessary liotvvju s n member of R, B rfJ „
fo leracy, an I the. common Inntil, q
h hi s that member not to f,, r » Rl ((
Il ink as n Sovengn. She tnuvt, ; ’’
sentiiue'its to he convoyed to Cmi'.it ,, '
a manner so imposing, as to evince tijt
she would have the intercourse re»ul lu ' e a
as is proper between one sovereign m ,a
another, an,! that whilst she would i'a
Mostly solicit a continuance of that f,i,. n ,|
v!,ip and good fee'ing, which has 3 „
been cliara- teristii' of the American f.,,,, ’
ly, she is yet unwilling to yield right's „•
vital importance. To the safety 0 f S | llt
il is indispensable, that Cong,-egg
ho in perpetual remembrance, tlint it is ,
sovereign mid supreme body, only w j iun -,
extends its authority to its legitimate ob
jec.ts cfgovernment, and that at-all m|„,’
periods, thu states are equally Buitrctiu-
atul never so supreme, as when (|„... ;l|p '
iihout to demand the fulfilment of the o-
ginal compact. If there he one
in our well contrived and complicated
system of government, which justly dc-
miitnls the admiration of the world •
upon which tlio eye of the patriot loves to
gaze: nud the hopes of millions of frm-
men in both hemfopherog seetn to bosus.
pended, il is tlint contrivance in the great
work of tin: Constitution, by which one
gonertil and so many subordinate am) | 0w .
cal sovereignties, all of them so innay
orbs differing from each other in rung,
nitiule and in splendor, most wonderfully
move together in “cruicertfid and liar,
inonioiis action,” diffusing the blessings of
tho light of knowledge, and of civil and
religious liberty, over a portion of the-
globe, made tip ofu people dissimilar nml
hoterngoueous in their habits, & ilitterm...
from each other in almost every tliin»
hot in their innate love'of liberty, L<d
not tlien the harmony, order and cnancc-
lion by which our comprehensive sclieino.
ofrcpresoutniivu governments bus hc.-n
hitherto preserved, be interrupted by tho
failing nf any of the orbs from* their
spheres, but let “ their motions and tl'eir
iiitluences he nil so regulated and excrcis.
ed,fhat vvliib't they shall in a very into!-'
lig'tblc and striking tnumicr, declare the
wisdom” of their great author, the Con
vention, mid forever “ constitute the ian"-
nifieent heralds ofn praise” v, hit'll Lclnngs
to that body, to which nieitlier t-peecli i, .r
language is adequato, they slisll at tl.n
same limn distribute all that is necessary
for the fnditirnl liealih, coniit’ort nml sc-,
curity ol'aH the 1-uJiubitttiits of the Loiled
States.
State that desires her inannltfcttirca to .ic j <,y t he Constitution, and that the
promoted, w!iy does she not avail horse!. lolJ dencv id's uncof their measures is cnl-
of the express provision intended lor t.uii uerion-ly to impair tho vital in-
liei
>:hcr
purpose : Js il because it will iuji,
other great concerns? And Irivc
States no interests to effect ? La State
has the power by the Constitution, to do
exactly what slm m glit do d alone, and
it is her interest to do so, why does
she not proceed to eiirourago her liliinil-
factures liv the appointed means ? No —
the fact is*, such a Statu warns the jirolit
without the burthen of such a measure ;
and as long as she can tax her associates
to an-’wor lw*r |>ur|t»ge, her own coniimi-
„ity \vilk never ho made to hear any of the
sufferings of such an unequal system. 1!
other States are obliged to pay tiio cost,
or even divide it with the Stale seeking
to establish her manufacturing institu
tions ; if their exports nud imports tire
ly to impair
ti-rcst of Soutli-Caroliua, by diminishing
her foreign commerce, whilst the effect
of other measures, is to .augment the
patronage of the genera! govcrnuiapt^nud
lints to diminish that necessary slave inllu-
eure which is essential to the preserva
tion of the state sovereignties, and which
state influence can only exist, when the
states aro to manage nil internal con
cerns, arc truths daily becoming more and
more evident to nil our citizens. South-
•linn lias uniformly exhibited as your
committee believe, an illustrious example
of a sternly arid un unalterable devotion
to the Constitution of the United States.—
Biie lias never at any time arrayed herself
against the government oft-lio Union, lint
. has discharged nil her duties ns a mem-
to contribute to the wellaro ol northern her ot" the great American family with fi-
money-making projects, and to advance j ( j R |j t y UIK | cheerfulness. When the Ra
the schemes ot private cupitah-as, do , 01) -,| treasury was exhausted, mid the
pend upon it, the only, method that will J uiietny pressing us at every point of our
.'alines of the Union ; if it was the. sour.
the Union is n generous and higli-twiiule'l ' to which each otato looked fur its prus-
tiffcction of its meiuhers for each other,
nod that no sordid motives of .-pcculatiou
or selfish itesiri) to prosper upon each
other's injuries nr misfortunes has brought
them together, it must be obvious to eve
ry understanding, that nn uncompromis
ing course of sell?.willed leg.i*lnti»M upon-
subject" so long and eo often objected to,
must inevitably oud in the vvoist of cou-
ceqitences.
I!’tin) Biil'ject < > of D-irrtcBtic ManuTie-
Tims and Ii.toruai Improvciiieijt itcpenil-
oil upon tho question of oxpodicucy, vvu
should huve nothing to say, for that isa
niMtier purely within the power of Cou-
gicss ; ajid alihoogh wo should greatly
deplore the adoption and continued prose*
' cutloii of a policy obviously grinding down
the resources of on.) rhiioj of the States,
pority, it surt ly was tlm intent ami interest
of the wh do to have-ii so regititile.il by tlvo
Goueral Govorimient, im to be productive
of tlm greatest possible advantage to the
.•oiifcdci aiio.ti. I i .giving up their . g.r*:at
source of vveuJlh to the Union, no one can
believe it was for any other object than to
ho ructiurngcd, tbstored, uml promote l
hy ull the means which tlm unfed ener-
gieu of all the States could evei t. In tile
power to regulate Com.mu .so, sw ©ms‘
could possibly conceive there was eoulniu
ad a lurkiog princijde to destroy it; yet
every one must admit, that the direct ten
dency of encouraging inn m fact it res, is to
produce that efl’ect. And in proof of this
assertion, rouuneiciol men, co/imtercia)
cities frwn one end of tlio Union to the
oilier., rtitso thoir hands and voices in the
for never was a subject so entirely before
pursued is the one found ill the increas
ing exactions of die tariff laws of ItHG,
!?fh arid 21.
With regard to the question of Inter
nal Improvement, independent of the iuel,
that there is not a solitary expression le
In; found iii-thc Constitution, in the remo
test degree connected with that subject,
wc have already shewn that on the 18th
and 20th of August a distinct and full pro
position to grant that power was rejected
by the Convention ; and the Committee
would here observe that many of the re
marks whirl) they have made on the sub
ject of luauufucturee, will ho strie-lly up-
a deliberative b-trlv, thm, was that of nta- j |;r«cub!o to this branch of tbo ttuhject.-
niifacliires before the Federal Convention.! »> 10 «'hat has I ce.. bu t-
led, we have to suite tout the lollowmg
facts ore to he found on the journal of the
tn build up an l advance the prosperity most iv truest tqqmsition to this singular
rm.'thnd of regulating commerce hy pro
moting ut iHUt'ueturns.
But there is another vievv ofthisquesti
•ii which is worthy uf peculiar uniire. ir
a.principle vvliu-li m. one will deny, that
directly fo-rin-ldcti', cauuot ho in-
,j directly efleeted. N■'.- it-c I-'ederal Con-
stitutiou, im :ri
of another nf tho same coufcdenvry, yet
it would be ours to submit incivr the
terms of our compact. Ail argument is
vain against interistPupportcd by power.
Uut we do most solemnly lc-neve, tiin.
eui-li poScv is Cjiium} 1 to the letter and j |,: lt ;
u the Federal Goostilutioa
All must agree, unit the bast method oi : stitiitiou, i:t jrautii >; me po-.vpr to re!.'ii-
ascertniuiitg the intention ot the Ir.-miersj j;l ( . i-ummcrce, was so leal ’ol that tlio ra-
ofthc Constitution, vvlieiev cr the power is t gu I at ion might fi in iilc to .perate partial
ly npoii the State.-, to the benefit ofso.no
-.ml injury of others, that ii declared “ no
tax or buy shall he laid on uvttolesoxport-
- ! from ttnv State. N > ureference, shall
oe given hy any rogii. -i'lii of commerce
-ir revenue to the ports o. -.,e Statu over
doubtltil, is first To go mriw letter of the
povv r, and tl.oti to the history, of its origin
ns contained in tho journal of the Con
vention. Tliis is the method we propose
to pursue' in relation to toe two subjects
just abole expriicsed.
When wc ask for thqhtter of d'ove
povvc.rs in tlioCoits.Uotion, there is a •
versity of opinion un the subject, and wo
aro pointed to various passages in that in
strument, l<y v.-rriout! (Vdvweaves wf tla! Go-
(vend Guv.'VtHUont’s right, «ut xmftbriuiy ! power to regtii ue curmuerce, can lawful-
figrcciiig among Uunuselvos <m the ddl'er-1 ly have that effect. In other words, if a
Pin ctu'iscfi co lfcrting this right. Wow j law c<itujafiling Georgia to pay diuier to
this uuiwiainty of iitu lf might to create \ UitvsHeiioswns ( >r tho protection of her
But there is another sc.unit of the Con
stitution. which when taken in connection
with the history of its a. l-uiiio:i, plnres this
question beyond nil do.tin, and for the
(‘..xp.'i-fi'lnii of which, the committer) arc
indebted to an able southern writer on
tlio subject of Fc-.l 'i'id Powers. It is the
following : “ No State shall, without the
consent, of Congress, lav any imposts or
duties on imports or exports, exceot what
may be absolutely necessary for evoruihlg
its inspection laws: and the nett produce|
of all diitiesaiul i-nprists laid by any State,
on imp.ills or exports, shall be lor the
use of the Troiisury of the United States,
and all siicli laws shall he subject to the
revision nud control of the Conmcss.”—
Those Who will Consult the etru.-tnic of
this e!ao«e, it) the journals of the Conven
tion, will find that perhaps none other was
more dispute.I: and that a very different
object vv.'.s intended, from that of levying
n trilling duty to execuTe inspection laws.
What was that object ?—It cannot be dis
covered fr.>ij tlio clause itself; in;! per
haps none in the constitution has hern so
often tea I without a knowledge of its true
intent nud iTi- ining. To grant tiie ft,arc
tlm privilege of imposing duties beyond
vvlint is necessary for inspection laws,
those ot"another.” If then no regulation
of coitiiii , 'fi'c or revenue could "directly lie
• -:1 ie t'l vt unequally upon the States,
iiu.v J/app • it-lbat a regulation concern
ing iminuto- -rtfi, bu.Uu.ned .npoti .the
great doubt, amt In aJi tree goveruaieut,
(fcuttrt J nn<1 tin bear Atit,'e,"ln' rclidVotf tii* if.:
exer< iso of (> , 'A(.+, ought to hr. itynom-
Ujuu", But most pVfMma reier to rl.at
piirt'Ctllto clause uf flic Cmislitutioo,
w. i Vjiil'vs.ia.lJuti|rfi'»s the power “ (u
rm! late Gugnutda.e w eb Foreign Nations,
at, a im»g th« yiatcs.”
U-foie w«: examine ihis point with rp-
fiuuwisA to ».* iiauicMutr-mfiiort, ic will be
emamerr.e ivouul be uucryiia>ituiioiu,|, now
toes it happen that a precisely similar
law to protect rtiauufkiTtores, d"rivt*d tro’iv
the right to rogidate co mule roc, is not
equally so ?
lo.VkV.C.C'sl'v .CONRIvllittg flit' j.ic.runl of
(he CuHvt'tition, nothing appears uu the
subject ofTnantltHctureH, until the Jfith of
Atig ist—On ih-it-dny tii.H power wat pro-
[Kited to be given, w w»C, “ to cjitublish
Coiivciitioii—to wit: on the ititli of August
it was specially proposed to vest in Con
gress the power “ to grant charters of in
corporation. in cases where the public
good may rrq lire them, nri.l the authori
ty of us.ugb. State may lie incompetent.
To establish a University.
To encourage I.y proper premiums and
provisions the advancement of uselul
know ledge and discoveries.
To establish seminaries for tlio pro
motion of htoraure and tho Arts and Sci
ences.
To grant charters of Incorporation.
To establish public institutions, rewards
and immunities Ibr the promotion of ag
rictilturc, commerce, trades and manufac
tures ; and to regulate stages on the post
i roads." Now, where are any of these
powers to lie found in the Federal Con
stitution ; and wlint course of reasoning
call entitle then to a place in nn instru
ment purporting to contain nothing lull
expressly defined powers. But llii.-’ is
not all—Oil the Mill of September, only
long extended coast, when it became
necessary to relieve the cmharrassmouis
of the general government hy n direct tax,
upon mir citizens, this State in anticipa
tion of tiie assessment hy Congress, threw
open her treasury ami subjected it to the
national demands, nud actually appro
priated her funds for the general welfare,
before tho passage of the law. if
she has not hitherto carried her com
plaints to the great councils of the nation,
it was not because she had no cause of itis--
satisfaction, but because she always cher
ished the hope, that some reaction in pub
lic sentiment, throughout the United
States, might take place, and that the peo
ple themselves, would in lime he made
sensible of the danger of a limited lio.ly,
like that of Congress, being permitted to
transcend its powers, and would apply
the remedy: but these hopes, j our commit
tee regret to state, are all dissipated, uml
they too plainly perceive, that to sub
mit longer to the evils of misrule, found
ed on usurpation, can have no other t.'ii-
detiry, than to invite such assumptions of
power from time to time, as must inevita
bly merge all power and all iolluuiice, in
one consolidated government-
It is fortunate tor South-Curoliiin, that
she has hitherto endured with so much
patience, an I certainly with not Ie>s pa
triotism, the aggressions of Congress upon
her sovereign rights. If after all her ef
forts to dissuade the national councils
from persisting in claims, which if pur
sued further, must inevitably cut us off
limit lay Itoih, from the great body politic,
Congress, shall contrary to thu hopes oi
your committee, still persevere
claims to exercise extrusive powers hv
construction, and thus drive into alienated
feelings a portion ofilie Union hitherto
so devoted to union, .South-Giirolitm
such an event, will have i.t least the con-
thiee days before the final passage ol the solution to know, that the fault will nut
* 'belter’s.
Constitution, some, still anxious to eu-
, , ; large the powers of the General Govern-
merely to go into the Not,mini 1 rrasurv, md » ^ ^ , (ie instrument was presented,
v i.it jenelit G. the adoption of the Convention,
-> ne was eer-: , -
pioposetl
ins to he perfectly i.ilt
is it to lie to the. Slates
tiiinlv intended, and I'lrthnniely, there is
at hand a key to this mvltery. It was to
enable the States within themselves, if
they desired it. to prmeei their own manu
facture!!, by tlm imposition "fi export dti-
Mes on ti.” raw materials, or imposts upon
foreign fabrics. Without tliisconstnteti-
on. every body mart at once perceive that
tlierhm<e.« useless ant! ridiculous, and is
th : only leiiture ol’thii Constitution'with.-,
out meaning or tunrivn. But, happily for
the inter, st of the agricultural States, we
hav e a eoteinporaueoiis ami complete ex
planation of tho object ami iuteutiou of
this clause.
Mr. Lather Martin, a delegate t.f the
Convention from the State . f Maryland,
in t»ivm« to hm State au exposition of the
Coostitici in, oil this pT.-iii-nlar vhtU'C,
itiJIgniatly remark*—“Every Suite is ol
io grant letters of incorporation
for canals," tVc. which was rejected.
The Committee aro aware that the sub
ject is far l’roin being exhausted, hut time
would fail them to present all tiie objec
tions w hich coidd bo Justly preferred u-
giinst the course of uie general govern
ment. Less could not he siiid, for the
subject is of such growing magnitude,
and is producing sensations of such just
inquietude Kiitoug the people of the South,
that they ought to he made thorough!)
acquainted with all its hearings, ami cer
tainly can never be too often admonished
tn he prepared for the worst events. The
•CtmimUree are fully sensible tjuu .every
degree of moderation ts due to the ques
tion, upon which the^ - leave .fuiqqlcd the
present serious complaint,, but they viwe
il to truth and s:i!rer,i\y : iv*u.y, ihat it is
- - .. - “..©....'.'ej J11 t*U * uay..'jiiijiWsoi'. IIJ« »mtailOt)s ’ j;.
so prc.bib.'led I rapt laying any imposts vt -tbutf-dfiSUlfia OJMUHMI uu increase uf fit- cuumiupicu.tlo,ns ihtsryfung Which ituy ||c j you iuits spirit, and ought to t>0 n’'W'
Hut in the opinion of your committee, it
is all important, that w hatever is to Ik
(lotto hy South-Carolhia, ought, to he bo
done, as to impress upon tho tiiimis of
the Congress ol'the United Htates, that
sl.e docs not at lids codjimcturc, ap-
proaclt thenaiioiial legislature, ns a sup
pliant or as a memorialist, but as a Sove
reign and ail Equal.—When Omgrpstf
acts within the sphere of its c-yprosclv
delegated powers; the Btjpiemacy .of its
laws ami its powers uiust, he i>e].:iwvvLe(!g-
.:d hy nit the stivtoB, ami fro/rj i\o suite io
the union, will oliedjeyce to tlw decrees
of thir friipi'eiue council, he tuore clteor-
fully.ri'i.d'.'rrid than by fioulli-Carolina.,^
hut when the ground of eoruphunt a vi-
<>! Itioti of that great: covenant, . wlfu'.h
l.im|s together the confederso.y, each
tneiiiliur is as sovereign, vvlu'iin'. demniiijs
a fulliluie.iit of that compact .’;;i its spirit,
us weft ns in its letter, as it was, when it
origuialjy ratified that ngitfifini/ju!.
!u the opinion however of your Cotn-
mittec, this harmony of the Severn) Suite
governments can only he preserved hy
the promptest notice hy the State Lcgis-
IntuiTs, oi’any infraction of the Constitu
tion, however important it may appear a:
the time, in its effects upon the general
community. In ti system hy which ro
tinny political bodies are tube ill constant
motion, 1 lie most ti filing aberration of any
one, from the circuit in which il is design
ed to move, breaks up the great design.
It thus becomes an high duty in every
Stale Legislature, to use its Injsi exertions
to bring back the government to its first
principles, whenever it departs fiom tue
compact; and this it may always do, with
calmness, with moderation, and yet with
becoming firmness. If the United States
government can construct one roud or ca
nal within the body of a State,it may con
struct a thousand, and thus draw ivitliiu
tiie vortex in' ivs Inlluencc vvliat pvujitily
belongs to the Stares. If Congress rati
expend.one thousand dollars to purposes
not euumeated in the Constitution, it may
xpend an hundred millions; anil in this
way so increase its patronage hy joij
auil contracts, as to leave little or uotliinc
for the subordinate authorities to do.’—If
Congress can promote the ilotueMie inn-
mil'actun.'soJ' some States,,it can witliilu
tunc propriety cncournge nt its caprice,
northern or southern agriculture, or other
branches of internal industry, Ac lints co.i-
HlimtJy impinge upon tho local cotieernsof
tire Elates. If it can legislate iu one way
on the coloured popuhuion of the (J. S., it
may legislate in various other ways. if.
in a word, tho General Government is to
use construct ive powers, or can pass nay
laws hut such as are necessary anil proper
to the execution of its enumerated puivcrs,
them is the object of the cnnineraii»«el
powers in tho instrument del'eatfet!.—In
stepping -across the boundaries of power,
presented by the Constitution, there ure
no degrees in the guilt of that government
which is the trespasser, whether the tress
puss lie committed hy tlm State, or die
Federal authorities. It is the intention
which ucr.unptiiiics the act which consti
tutes the criuib, and this intention has
much embodied into thu guilt of usurpa
tion, if one dollar he taken .out of the
pockets (.four citizens, to encourage a mo
nopoly, as il'Cougreds hy one “ fell .-swoop,
were to prostrate till the powers ol ll |C
State Legislatures, .
If there be an evil in our country, the
anticipation of which vve ought to ib'cnn,
and which if it ever were to take plat',
would destroy civil freedom itself, h*
that which would consolidate all tlier 1 -
ilueueo, « liicb is now distributed helvvct-0
so many States, into the bauds o> 1,c
Federal Government*"-From the cottsoh -
(liilion of all influence, the tninsiG 00
natural ami easy to the consolidation, 1 *''' 1 *
of idly/oti’cr. Eticli it government. >P *
country where the interests of its lida' 1 ' 61 ”.
sections must bo more or loss /!is*.a |ll '-' r i
would he tho worst speeies of tyraunvr
vvliich a minority of sumo States ciay 1 '
possibly cmlnro by the oppression (l *“
titers. Thu only remedy ns yotircoiinnG
lee ligve alia ;uly ohsurvcil, is for tl |C f“F
Legislatures to he wnichl'gl, and 111
m on st rate with Congress whoa •
ry. That the period It ax arrived.,»'-F
remonstranco is not only proper, Ij 1 * 1 j
neglect would lien crime, eeethi tolei'
voice of Soutli Carolina. - T
'J’he Gomtniftee in eoiifprtnitv with .
above report, recommend thuadopha 11,
the follow tug revoluliotip:—
0 f drf
tin'
besolved, That the coiisiittib° n (
United StetcK isa compact, hetwera ^
people of thy ilil/Vroat tillitcH. W**"
other, as sc (urate, and inttepefldr# 1 *. (iB
rcigtqucs, nml that ibr/my vtolaW*' 1 ' l0 ‘
letter or -tqdi'if of that wmpl.iott' 1
gr«s;a*)f the Loited States,)!/a «' l, ‘ J
(he right of liin )n:oph.',imt of d"* *',W.
liuitrus who represent thvnVW f :<1 '..
uot limited, to retiiwi)ttcuifl'^?uiii*f . 11 •
oriK of the furttlao’^hlal c(un[ml't ;
2. Itesohierf, Tfi.1t tiie acts °f
(lassed in le'lii, IH'it) nnH2i, luiowtih^ ‘
name ofthe larill’ laws hy which ni'iNf 1 ^
tnrers /..re eiicorirnged (tiiih'r thep""]'
- * m.