The writings of James Madison, comprising his public papers and his private correspondence, including numerous letters and documents now for the first time printed. |
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TO JOSEPH C. CABELL. |
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 | The writings of James Madison, |  |
TO JOSEPH C. CABELL.
Dear Sir,—Your letter of the 5th found me under
a return of indisposition which has not yet left me.[105]
attention to it.
Your speech with the accompanying notes and
documents will make a very interesting and opportune
publication. I think with Mr. Johnson that
your view of the Virginia doctrine in 98–99 is essentially
correct and easily guarded against any honest
misconstructions. I have pencilled a very few
interlineations and erasures, (easily removed if not
approved) having that object. I wish you to revise
them with an eye to the language of Virginia in her
proceedings of that epoch, happening to be without a
remaining copy of them. I make the same request
as to my remarks below, involving a reference to
those proceedings. As to the two paragraphs in
brackets, disliked by Mr. J. I am at some loss what
to say. Tho' they may certainly be spared without
leaving a flaw, the first of them, at least, is so well
calculated to rescue the authority of Mr. Jefferson on
the constitutionality of the Tariff, from the perverted
and disrespectful use made of it, that I should
hesitate in advising a suppression of it.
On the subject of an Arbiter or Umpire, it might
not be amiss, perhaps, to note at some place, that
there can be none, external to the U. S. more than
to individual States; nor within either, for those extreme
cases, or questions of passive obedience &
non-resistence, which justify and require a resort
to the original rights of the parties to the compact.
But that in all cases, not of that extreme character,
there is an Arbiter or Umpire, as within the Governments
the authority constitutionally provided for deciding,
controversies concerning boundaries of right and
power. The provision in the U. S. is particularly
stated in the Federalist, No 39, pa. 241, Gideon's
edn.
The tonnage and other duties for encouraging
navigation are, in their immediate operation, as
locally partial to Northern Ship-owners, as a tariff
on particular imports is partial to Northern manufacturers.
Yet, South Carolina his uniformly favored
the former as ultimately making us independent of
foreign navigation, and, therefore, in reality of a
National character. Ought she not in like manner,
to concur in encouraging manufactures, tho' immediately
partial to some local interests, in consideration
of their ultimate effect in making the Nation
independent of foreign supplies; provided the encouragement
be not unnecessarily unequal in the
immediate operation, nor extended to articles not
within the reason of the policy?
On comparing the doctrine of Virginia in 98–99,
with that of the present day in S. C. will it not be
found that Virginia asserted that the States, as
parties to the Constitutional compact, had a right
and were bound, in extreme cases only, and after a
failure of all efforts for redress under the forms of
the Constitution, to interpose in their sovereign
capacity, for the purpose of arresting the evil of
usurpation, and preserving the Constitution and
Union: Whereas the doctrine of the present day in
than the degree of inequality in the operation
of a tariff in favor of manufactures, she may of herself
finally decide, by virtue of her sovereignty, that
the Constitution has been violated; and that if not
yielded to by the Federal Government, tho' supported
by all the other States, she may rightfully
resist it and withdraw herself from the Union.
Is not the resolution of the Assembly at their last
Session against the Tariff a departure from the ground
taken at the preceding session? If my recollection
does not err, the power of Congress, to lay imposts,
was restricted at this session, to the sole case of
revenue. Their late resolution denies it only in
the case of manufactures, tacitly admitting, according
to the modifications of S. Carolina, tonnage
duties, and duties counteracting foreign, regulations.
If the inconsistency be as I suppose, be so good as to
favor me with a transcript of the Resolutions of the
penult session.[106]
Your letter returning those borrowed
was duly received some time ago.
Cabell wrote from Warminster: "May I take the liberty to ask
that vou will be so good as to read the enclosed pamphlet and to
inform me whether the argument in the speech respecting the rights
of the parties to the compact be sound and in conformity to your own
views of the subject, and if there be error, where and to what extent, it
exists." He had advanced the propositions in the pamphlet in the
State Senate and afterwards written them out as a speech with notes
for printing—Mad. MSS.
Cabell sent the resolutions of the sessions of 1825–26, 1826–27,
and 1828–29. The first declared:—"That the imposition of taxes
and duties by the Congress of the U. States, for the purpose of protecting
and encouraging domestic manufactures, is an unconstitutional exercise
of power and is highly oppressive and partial in its operations."
The second:—"That this General Assembly does hereby most solemnly
protest against any claim or exercise of power, whatever, on the part
of the General Government, which serves to draw money from the
inhabitants of this state, into the treasury of the U. States and to
disburse it for any object whatever, except for carrying into effect
the grants of power to the General Government contained in the
Constitution of the U. States," and
"That this General Assembly does most solemnly protest against the
claim or exercise of any power, whatever, on the part of the General
Government, to protect domestic manufactures, the protection of
manufactures not being amongst the grants of power to that government
specified in the constitution of the U. States,—and also against
the operations of the Act of Congress, passed May 22., 1824, entitled
'An Act to amend the several acts imposing duties on imports' generally
called the tariff law, which vary the distribution of the proceeds of
the labour of the community, in such a manner as to transfer property
from one portion of the United States to another, and to take private
property from the owner for the benefit of another person, not rendering
public service,—as unconstitutional, unwise, unjust, unequal and
oppressive."
The third:—"That this General Assembly of Virginia, actuated by
the desire of guarding the constitution from all violation, anxious
to preserve and perpetuate the Union and to execute with fidelity the
trust reposed in it by the people, as one of the high contracting parties,
feels itself bound to declare, and it hereby most solemnly declares its
deliberate, conviction that the acts of Congress usually denominated
the tariff laws passed avowedly for the protection of American manufactures
are not authorized by the plain construction true intent and
meaning of the constitution."—Mad. MSS.
| The writings of James Madison, | |