coast of Africa? No, my fellow citizens: No more did they contemplate it, than that Congress should establish a national university, or a national observatory, or have its academy of fine arts, or its gallery of paintings, or its own national museum. These subjects were before the convention, but so far from the power being given, it was refused. All the late measures of Congress, therefore, whether in the shape of appropriations for roads and canals, or in the still more odious shape of tariffs, are neither more nor less than so many schemes devised by the people of the North for improving, enriching, and aggrandizing their own states out of the general treasury, or for giving employment to their own people at our cost and charges. They are the devices resorted to by the majority, to live by the labour and industry of the minority. They are the acts of those, whose interest it is to extend the government beyond the limits for which it was created, regardless of all consequences to their Southern brethren. A gov ernment which, in the days of its purity, never has been as protecting and as paternal to us in the South, as we had a right to expect, considering the contributions it levied upon us, but which, in these later times assumes an undisguised hostility to our dearest interests. The General Govern

ment imparts to us none of that genial warmth, which brings into life and vigour, the industry and enterprise of the merchants and agricultu rists of a country; but it is about to dry up, by the scorching fires of construction, all those sources of our prosperity, which, under any other system, would make us a flourishing, a great, and a happy State. Our trade is diminished, real property is depreciated; our mechanics are without employment-many of them emigrate to the North. Confidence is lost, and despondency and gloom universally prevail. With resources that few countries can boast of, we are, nevertheless, becoming to the North, what Ireland is to England. Capital is removed from us; our incomes are spent abroad, and our great export trade in cotton and rice, the only hope of our planters, the bread that is to sustain us all, even this trade, so important to us, to protect which was the very end of the Union, is now first to be interrupted, and next to be annihilated, that the Websters and the Everetts, the Tythe men, the worse than Tythe men, the Tariff men of the North, may riot and fatten upon our substance. What is the cause

of all this? It is CONSOLIDATION-it is USURPATION. The enemies of the confederacy and of the republic, are in the chair of state. They are in the chambers of the senate and of the representatives, and will continue there. They possess the entire capitol.

NO. 7.

The subject of the constructive powers of Congress, is one of intense; and increasing interest to the people of the Southern States. It comprehends, in its consequences, not merely the welfare of all, but the safety and existence of many of the States. To South-Carolina, and to the other great cotton growing States, it is peculiarly interesting, and speaks its own importance. If it has not hitherto occupied our serious attention, it is full time, that every citizen should bestow on it, that share of his thoughts to which it is so justly entitled. Our planters especially, may be assured, that they cannot be better or more profitably employed, than in contemplating the measures of the General Government, in all their bearings and tendencies, to the interests of Southern agriculture, and to seek for all the

lights, which can conduct them to a proper estimate of the effects of these measures upon the entire policy of the State. Fortunately, the subject is not without its lights. It has been discussed with ability, in and out of the halls of Congress, and I do not know that I can refer my readers to a better defence of the rights of the States, than to the celebrated report of Mr. MADISON, to the Virginia Legislature, in 1799, and to that of Mr. Giles, to the same body, in 1827. If the reasonings contained in these reports, be not sufficient to satisfy them, that Congress is in the exercise of usurped powers of a most dangerous character to us, I can have but little hope, that the views which, I may, from time to time, add to what are there so luminously given, can effect any change or conviction in their minds.

By the debates in Congress at different periods, and other discussions elsewhere, it would seem that the advocates of tariffs and internal improvements, have not been generally agreed, as to what clause or part of the constitution it is, that they derive the authority of Congress to adopt these measures. Whilst some few would contend, that under the first enumerated power, to "raise taxes, to provide for the common defence, and the general welfare," &c. an authority is given to provide for the general welfare, as well as to raise taxes, and that Congress can accordingly, adopt any measure of general interest, to which there is no express prohibition in the Constitution; by far the greater portion of persons more cautiously maintain, that it can only provide for the general welfare, under this clause, as far as an application of money can promote such an object, and no farther. A third, and a numerous class of persons again contend, that it is under the power 66 to regulate commerce with foreign nations and between the States," that Congress can construct roads, and make canals for facilitating commerce, and can encourage domestic manufactures by protecting and prohibitory duties.

The first of these opinions is so absurd, as scarcely to need a refutation. The second was asserted by ALEXANDER HAMILTON, in his celebrated report on manufactures, in 1791. The same doctrine was advanced by many Southern members in Congress in 1824, and even by some of our own statesmen, but they have lived, I hope, to see the error of opinions most honestly formed at the time, and without the most distant expectation that they would be productive of the abuses which have followed their promulgation.

The third or last opinion, was, at the same time, urged by Mr. CLAY, and also by Mr M'LANE; who, as far as the power to make canals was claimed, agreed with Mr. CLAY on this ground.

But we cannot turn to the masterly productions of MADISON and GILES, without being forcibly struck with the facility with which men, wielding the weapons of constitutional rights and state sovereignty, can put down their antagonists, who can scarcely agree amongst themselves, as to the particular clause in the Constitution, which gives a power, which, in its operations, is about to destroy the Southern States.

It is in the celebrated report of 1799 that the Committee demonstrate, that any other construction would be to convert the States into a consolidated government, the inevitable tendency of which consolidation, would be to transform the republican system of the United States, into a MONARAnd, it is true. Who can doubt for a moment, that when the General Government shall go on, step by step, in its exercise of that greatest of

CHY.

all powers the power to raise money for any, and every purpose,which it shall pronounce to be for the common defence or the general welfare, it will not extend the sphere of its legislation, to almost every object of civil gov ernment to all the numerous and undefined objects, in fact, which were reserved for the States to act upon-thus making the individual States, as petty corporations, and conservators of the peace in their respective com, munities, and repairers of parish roads and bridges? Who can say, that with the patronage such a government must constantly acquire, by its capacity, hereafter, to give an hundred offices where it now gives one-with its army and its navy officers and contractors-with its custom houses and their collectors, clerks, and dependents--their tax collectors-their excisemen--their judges and clerks, and marshals-their commissioners of bankruptcy--their contemplated colony on the coast of Africa,with their colonial governors, judges, and retinue of servants and dependents--their brigade of civil and military engineers and surveyors-their post offices, and their thousands of contractors--their land offices-their seminaries of literaturetheir national institutes, and their universities-their academies of the arts, and their galleries of paintings-their national museum,and Mr. ADAMS' light houses in the skies, their national observatories-their military and naval schools-their hundreds of professors-their astronomers royal, and their expeditions to the poles-their missions to Panama-their public institutions, rewards and immunities for manufactures-their pecuniary bounties --their premiums-their splendid honors, and allurements held out as bribes to the first talents of the country--and last though not least, their command of the American Press, that shall cry out sedition and treason, and disunion, and come down as with a giant's blow upon the patriot, that shall dare to maintain the cause of the sovereignty of the States, of the republic, and of the world. Who can say, that with these, and a thousand such means of patronage, that the Government shall not attain a moral power, aye, and that soon, and put out such roots as to enable it to withstand all efforts to keep it within its bounds. This is no exaggerated picture. The limits prescribed to the legislation of Congress are passed. A boundless field lies open before it. The government feels itself without restraint or limitation. It has dared, even in our day, to talk of putting down a State, by the bayonets of its SOLDIERS.

But we are told by the Tariff men, that under every Administration, Congress has acted upon that construction of the Constitution, which is the basis of those measures, that now divide public opinion in these States. We will examine this

The first exercise of any important power by implication, was in the case of the Bank in 1791, as I have already stated in a former number. But this power was not pretended to be derived from that clause in the Constitution, which enables Congress to appropriate money for the general welfare. It was claimed merely as incidental to some enumerated powers, and particularly as a means of collecting and distributing the revenue, and borrowing money for the purposes of war and defence: and the opponents of the Bill resisted it, on the ground, that though a convenient, it was not a necessary means, and therefore, not within the letter or spirit of the Constitulion. The whole ground of dispute was as to incidental powers. It was ALEXANDER HAMILTON, as I have already stated, who first advanced the doctrine, that as far as an appropriation of money could promote it, Con

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gress could provide for the general welfare, in any way it pleased. Upon the belief that Congress possessed the power to encourage Manufactures, did he recommend, what our Tariff men now advocate, to wit-protecting and prohibitory duties. This was in 1791. His report, however, was never acted upon in any way by Congress. Certainly no vote was taken, and no opinion ever was expressed on the subject of this report; and it does seem strange, that though the Federal Administration continued until 1800, not a word was ever more said by Mr HAMILTON, or his friends.His report, and his manufacturing doctrines and opinions went to sleep, and remained asleep, until they were roused from their slumbers by the Tariff men, during Mr. MONROE'S Administration. As I have already stated in a previous number, there were some other occasional abuses of power under previous Administrations, but they are not worth noticing.— They probably passed sub silentio :-As no vital interest of the States was affected, there probably was little or no opposition to them.

It is clear, then, that with the exceptions mentioned, the Government of the United States did not, within the first thirty years of its existence, make any inroads on the Constitution, and certainly during the same period, no such advances to usurpation, as seriously to affect the paramount interests of particular States. It was reserved for Mr. MONROE to commence that system of policy, which the present Administration is now pressing upon the Southern States; and which, if persevered in, will convulse this Union to its very centre. It was during Mr. MONROE'S Administration, that a bold, a decided, and a systematic plan of constructive and usurped powers, was determined on by Congress,

It was then, that we went back to the ultra principles of ALEXANDER HAMILTON, which had slept in their graves for a third of a century, and proclaimed such a devastating and such an overwhelming doctrine, as that of "the general welfare." Did the Southern advocates of this system reflect, that their doctrines would serve as a foundation, on which Congress would build, in after periods, scheine upon scheme, for enlarging its legislation, increasing its occupation, and for converting sovereign States into petty municipalities? Did they reflect, that in less than five years from the time that we were furnished with this exposition of the general phrases in the Constitution, that even the American Colonization Society, a disorganizing body in the midst of the States, " a nucleus around which, are daily forming all the worst elements of discord"-did they reflect, that this Society too, would demand the aid of the National Treasury, to enable it the better to disturb the peace of the Southern States ? And yet such are amongst the beginnings, from this sweeping doctrine of the general welfare. This Abolition Society has already petitioned Congress, and is to petition again to be supported from the Treasury, and their President, Judge WASHINGTON, of the Supreme Court of the United States, is busy with his printed circulars, calling upon the people of the States, to send memorials to Congress, to promote what he terms, a "national interest." And is it to come to this? Was it for purposes like these, that South-Carolina entered into the Union, and gave up such an active portion of her sovereignty? Must her Representatives stand by, and see Committees from Abolition and Negro Societies, crowding the lobbies of the House, soliciting, and provoking the discussion of subjects, which, to us, in these States, will be producgive of evils, which language is inadequate to describe? It would be bet

ter, my fellow-citizens, that a foreign army should invade your territory, and take you unprepared, than that you should permit the Congress of the U. States, to touch or disturb this subject, without regarding them at once, as "Enemies in War, and ENEMIES IN PEACE."

NO. 8.

I now propose to give some popular views, on the question of the constructive powers of Congress, which, in my humble judgment, are not without weight. I am aware, that they are opposed to the opinions of men of no ordinary minds, and that they are even repugnant to the doctrines of the highest tribunal in our land-the Supreme Court of the United States. This circumstance, however, does not discourage me. I reve rence as much as any man, the decisions in general of this Court, and as far as these decisions determine questions of ordinary interest between one State and another, or between a State and the United States, I yield to them my perfect homage. The Supreme Court may give to Congress the power to have a National Bank. It may decide that the insolvent laws of this or that State, interfere with the general power of Congress on the subject of Bankruptcies; or it may deny to a State, the power of giving to its own citizens, the exclusive right to the navigation of its own rivers by Steam Boats Were I to differ with such a Court, on these and other subjects, yet as a good and virtuous citizen, I would be governed by their opinions. By so doing, I yield none of my privileges as a freeman. No vital principle of individual liberty is involved in the decision-no right of State sovereignty taken away, and no important State interests impaired or destroyed.

But far different will be my feelings, when the question becomes one of disputed sovereignty; and the contest involves the great interests, and the existence of States. I should then feel myself at liberty, to canvass the opinions of these Judges, as freely, as if they had been delivered elsewhere, and by other men. I have the less reluctance too, when I consider, that it is natural, that on questions of disputed powers of sovereignty, between the United States and an individual State, the Federal Judges should lean towards, and support the authority of the General Government. It is the General Government that appoints and maintains them, and to that Government they must look for their promotion and their honors. To expect that such a tribunal will not extend the powers of the Government, where they can do it, without a flagrant violation of some express provision in the Constitution to the contrary, is to betray an ignorance of human nature, and of what has been passing in our own country for the last ten years. To the Supreme Court of the United States, it is, that we are to look, as the source, whence the extensive implied powers of the Government have flowed, and will continue to flow. It is the Chief Justice of that Court, who is the Master Architect of the extended Government of the United States. It is he who has already built up, and is constantly building up, a superb national Government over the heads of our citizens. In the memorable words of Mr. JEFFERSON, "the JUDICIARY BRANCH is the instrument, which, working like GRAVITY, without intermission, is to press us at last, into one CONSOLIDATED mass." This was not an opinion pronounced in a period of embittered political feelings, but they are the sentiments of the Sage of Monticello, pronounced in his retirement from