The American Quarterly Review, No. 18, June 1831 (Vol 9)Various
History
The American Quarterly Review, No. 18, June 1831 (Vol 9)
Various
Intellectual life -- Periodicals; United States -- Intellectual life -- 19th century -- Periodicals
Arrived at the custom-house, he will tell the collector that
he must collect no more duties under any of the tariff laws.
This, he will be somewhat puzzled to say, by the way, with a
grave countenance, considering what hand South Carolina
herself had in that of 1816. But, Sir, the collector would,
probably, not desist, at his bidding. He would show him the
law of Congress, the treasury instruction, and his own oath
of office. He would say, he should perform his duty, come
what might. Here would ensue a pause: for they say that a
certain stillness precedes the tempest. The trumpeter would
hold his breath awhile, and before all this military array
should fall on the custom-house, collector, clerks, and all,
it is very probable some of those composing it, would
request of their gallant commander-in-chief, to be informed
a little upon the point of law; for they have, doubtless, a
just respect for his opinions as a lawyer, as well as for
his bravery as a soldier. They know he has read Blackstone
and the Constitution, as well as Turrene and Vauban. They
would ask him, therefore, something concerning their rights
in this matter. They would inquire, whether it was not
somewhat dangerous to resist a law of the United States.
What would be the nature of their offence, they would wish
to learn, if they, by military force and array, resisted the
execution in Carolina of a law of the United States, and it
should turn out, after all, that the law _was
constitutional_? He would answer, of course, treason. No
lawyer could give any other answer. John Fries, he would
tell them, had learned that some years ago. How, then, they
would ask, do you propose to defend us? We are not afraid of
bullets, but treason has a way of taking people off, that we
do not much relish. How do you propose to defend us? 'Look
at my floating banner,' he would reply, 'see there the
_nullifying law_!' Is it your opinion, gallant commander,
they would then say, that if we should be indicted for
treason, that same floating banner of yours would make a
good plea in bar? 'South Carolina is a sovereign state,' he
would reply. That is true--but would the judge admit our
plea? 'These tariff laws,' he would repeat, 'are
unconstitutional, palpably, deliberately, dangerously.' That
all may be so; but if the tribunal should not happen to be
of that opinion, shall we swing for it? We are ready to die
for our country, but it is rather an awkward business, this
dying without touching the ground! After all, that is a sort
of _hemp_-tax, worse than any part of the tariff.
Public-domain text, read in full here on John Shaqi.
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