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1827.

which the eye of the patriot loves to gaze-and the hopes of millions of REPORT freemen in both hemispheres seem to be suspended-it is that contrivance RESOLUTIONS. in the great work of the Constitution, by which one general and so many subordinate and local sovereignties, all of them so many orbs, differing from each other in magnitude and in splendour, most wonderfully move together in "concerted and harmonious action," diffusing the blessings of the light of knowledge, and of civil and religious liberty, over a portion of the globe made up of a people dissimilar and heterogeneous in their habits, and differing from each other in almost every thing but in their innate love of liberty and detestation of tyranny and misrule. Let not then the harmony, order and connexion by which our comprehensive scheme of representative governments has been hitherto preserved, be interrupted by the falling of any of the orbs, from their spheres, but let "their motions and their influence be all so regulated and exercised, that whilst they shall in a very intelligible and striking manner declare the wisdom" of their great author the Convention, and for ever "constitute the magnificent heralds of a praise" which belongs to that body, to which neither speech nor language is adequate; they shall at the same time distribute all that is necessary for the political health, comfort and security of all the inhabitants of the United States.

In the opinion, however, of your Committee, this harmony of the General and State Governments can only be preserved by the promptest notice, by the State Legislatures, of any infraction of the Constitution, however unimportant it may appear at the time, in its effects upon the general community. In a system by which so many political bodies are to be in constant motion, the most trifling aberration of any one, from the circuit in which it is designed to move, breaks up the great design. It thus becomes an high duty in every State Legislature to use its best exertions to bring back the government to its first principles, whenever it departs from the compact; and this, it may always do, with calmness, with moderation, and yet with becoming firmness. If the United States' Government can construct one road or canal within the body of a State, it may construct a thousand, and thus draw within the vortex of its influence, what properly belongs to the States. If Congress can expend one thousand dollars to purposes not enumerated in the Constitution, it may expend an hundred millions, and in this way so increase its patronage by jobs and contracts, as to leave little or nothing for the subordinate authorities to do. If Congress can promote the domestic manufactures of some States, it can, with the same propriety, encourage, at its caprice, northern or southern agriculture, or other branches of internal industry, and thus constantly to impinge upon the local concerns of the States. If it can legislate in one way on the coloured population of the United States, it may legislate in various other ways. If, in a word, the General Government is to use constructive powers, or can pass any laws but such as are necessary and proper to the execution of its enumerated powers, then is the object of the enumeration of powers in the instrument defeated. In stepping across the boundaries of power prescribed by the Constitution, there are no degrees in the guilt of that Government, which is the trespasser, whether the trespass be committed by the State, or the Federal authorities. It is the intention which accompanies the act, that constitutes the crime, and this intention is as much embodied into the guilt of usurpation, if one dollar be taken out of the pockets of our citizens, to encourage a monopoly, as if Congress, by one "fell swoop," were to prostrate all the powers of the State Legislatures.

VOL. I.-31.

REPORT

AND

1827.

If there be an evil in our country, the anticipation of which we ought RESOLUTIONS, to dread, and which, if it ever were to take place, would destroy civil freedom itself, it is that which would consolidate all the influence which is now distributed between so many States, into the hands of the Federal Government. From the consolidation of all influence, the transition is natural and easy to the consolidation also of all power. Such a government, in a country where the interests of its different sections must be more or less dissimilar, would be the worst species of tyranny which a minority of some States could possibly endure by the oppression of others. The only remedy, as your Committee have already observed, is for the State Legislatures to be watchful, and to remonstrate with Congress when necessary. That the period has arrived, when remonstrance is not only proper, but its neglect would be a crime, seems to be the voice of South Carolina.

The Committee, in conformity with the above report, recommend the adoption of the following resolutions :

1. Resolved, That the Constitution of the United States is a compact between the people of the different States with each other, as separate, independent sovereignties: and that for any violation of the letter or spirit of that compact by the Congress of the United States, it is not only the right of the people, but of the Legislatures, who represent them to every extent not limited, to remonstrate against violations of the fundamental compact.

2. Resolved, That the Acts of Congress, known by the name of Tariff Laws, the object of which is not the raising of revenue, or the regulation of foreign commerce, but the promotion of domestic manufactures, are violations of the Constitution in its spirit, and ought to be repealed.

3. Resolved, That Congress has no power to construct roads and canals in the States, for the purposes of internal improvement, with or without the assent of the States in whose limits those internal improvements are made: the authority of Congress extending no farther than to pass the "necessary and proper laws" to carry into execution their enumerated powers.

4. Resolved, That the American Colonization Society is not an object of national interest, and that Congress has no power, in any way, to patronize or direct appropriations for the benefit of this or any other society.

5. Resolved, That our Senators in Congress be instructed, and our Representatives requested to continue to oppose every increase of the tariff with a view to protect domestic manufactures, and all appropriations to the purposes of internal improvements of the United States, and all appropriations in favour of the Colonization Society, or the patronage of the same, either directly or indirectly by the General Government.

6. Resolved, That the Governor be requested to transmit copies of this preamble and resolutions to the Governors of the several States, with a request that the same be laid before the Legislatures of their respective States; and also to our Senators and Representatives in Congress, to be by them laid before Congress for consideration.

Resolved, That the Senate do agree to the report. Ordered, That it be sent to the House of Representatives for concurrence.

By order of Senate,

JOB JOHNSTON, c. s.

IN THE HOUSE OF REPRESENTATIVES,

December 19, 1827.

Resolved, That the House do concur in the Report. Ordered, That it be returned.

By order of the House,

REPORT

AND

RESOLUTIONS. 1827.

R. ANDERSON, C. H. R.

PROTEST AND INSTRUCTIONS

OF THE LEGISLATURE OF SOUTH CAROLINA, ON THE RIGHT OF CONGRESS

TO IMPOSE PROTECTING DUTIES ON IMPORTS.

(Pamphlet laws, reports and resolutions for 1828, pages 17, 18, 19.)

December 19, 1828.

The Senate and House of Representatives of South Carolina, now met and sitting in General Assembly-through the Honorable William Smith, and the Honorable Robert Y. Hayne, their representatives in the Senate of the United States, do, in the name and on behalf of the good people of the said Commonwealth, solemnly protest against the system of protecting duties lately adopted by the Federal Government, for the following reasons :

1. Because the good people of this Commonwealth believe that the powers of Congress were delegated to it in trust for the accomplishment of certain specified objects, which limit and controul them, and that every exercise of them for any other purposes, is a violation of the constitution, as unwarrantable as the undisguised assumption of substantive independent powers not granted or expressly withheld.

2. Because the power to lay duties on imports is, and in its very nature can be, only a means of effecting the objects specified by the constitution; since no free government, and least of all a government of enumerated powers, can of right impose any tax (any more than a penalty,) which is not at once justified by public necessity, and clearly within the scope and perview of the social compact; and since the right of confining appropriations of the public money to such legitimate and constitutional objects, is as essential to the liberties of the people, as their unquestionable privilege to be taxed only by their own consent. 3. Because they believe that the Tariff Law, passed by Congress at its last session, and all other acts of which the principal object is the protection of manufactures, or any other branch of domestic industryif they be considered as the exercise of a supposed power in Congress, to tax the people at its own good will and pleasure, and to apply the money raised to objects not specified in the constitution is a violation of these fundamental principles, a breach of a well defined trust, and a perversion of the high powers vested in the Federal Government for Federal purposes only.

4. Because such acts, considered in the light of a regulation of commerce, are equally liable to objection since although the power to regulate commerce, may, like other powers, be exercised so as to protect domestic manufactures, yet it is clearly distinguished from a power to do so eo nomine, both in the nature of the thing, and in the common

1828.

acceptation of the terms; and because the confounding of them would PROTEST. lead to the most extravagant results, since the encouragement of domestic industry implies an absolute controul over all the interests, resources and pursuits of a people, and is inconsistent with the idea of any other than a simple consolidated government.

5. Because, from the cotemporaneous exposition of the constitution, in the numbers of the Federalist, (which is cited only because the Supreme Court has recognized its authority,) it is clear that the power to regulate commerce was considered by the convention as only incidentally connected with the encouragement of agriculture and manufactures; and because the power of laying imposts and duties on imports, was not understood to justify in any case a prohibition of foreign commodities, except as a means of extending commerce by coercing foreign nations to a fair reciprocity in their intercourse with us, or for some other bona fide commercial purpose.

6. Because, that whilst the power to protect manufactures is no where expressly granted to Congress, nor can be considered as necessary and proper to carry into effect any specified power, it seems to be expressly reserved to the states by the tenth section of the first article of the

constitution.

7. Because, even admitting Congress to have a constitutional right to protect manufactures by the imposition of duties or by regulations of commerce, designed principally for that purpose, yet a Tariff of which the operation is grossly unequal and oppressive, is such an abuse of power, as is incompatible with the principles of a free government and the great ends of civil society, justice and equality of rights and protection.

8. Finally, because South Carolina, from her climate, situation, and peculiar institutions, is, and must ever continue to be, wholly dependent upon agriculture and commerce, not only for her prosperity, but for her very existence as a state-because the abundant and valuable products of her soil-the blessings by which Divine Providence seems to have designed to compensate for the great disadvantages under which she suffers in other respects are among the very few that can be cultivated with any profit by slave labor and if by the loss of her foreign commerce, these products should be confined to an inadequate market, the fate of this fertile state would be poverty and utter desolation-her citizens in despair would emigrate to more fortunate regions, and the whole frame and constitution of her civil polity be impaired and deranged, if not dissolved entirely.

Deeply impressed with these considerations, the Representatives of the good people of this Commonwealth, anxiously desiring to live in peace with their fellow citizens, and to do all that in them lies to preserve and perpetuate the union of the states and the liberties of which it is the surest pledge-but feeling it to be their bounden duty to expose and resist all encroachments upon the true spirit of the constitution, lest an apparent acquiescence in the system of protecting duties should be drawn into precedent, do, in the name of the Commonwealth of South Carolina, claim to enter upon the journals of the Senate, their protest against it, as unconstitutional, oppressive, and unjust.

L. S.

H. DEAS, President of the Senate.

B. F. DUNKIN, Speaker of the House of Representatives.
STEPHEN D. MILLER, Governor.

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