Elizabeth-Town gazette. [volume] (Elizabeth-Town, N.J.) 1818-1821, 1820-12-26

80 i1C PfNoCiN Ease OkiSsUAIi VIII nave
Iextoried from us something another state
will extort something more each will
appeal TO our fears, which may be well or
Iili-ioanded--eacb new state will endeayor
10 exact from us what she thinks will make
for her own interest, until at last they will
not think !. woTfEi white to ask leave TO do
as they choose. How much better would
it be for Congress at once 10 take its
ground, and refuse to sanction the constf-
tuition OF any state which is in Any re-
Ispect repugnant TO that Of the United
States
Suppose that this constitution Of Mis-.
sonri. instead sf .s;s:sz faulty In single
particular, were throughout, from begin
lining TO end, at variance with the constitu-
ton of the United States. Would it be
pretended, 10 that case, that Missouri was
entitled to be admitted into the Union ?
Certainly NOT; yet the only argument in
favor OF her admission, with Que clause Of
her constitution Incompatible With thai Of
the United States, weHt the whole length
Tor necessarily involved the consequence
lof yielding the whole because it was
founded on the ground that Congress had
lpafted with the whole power, and had no
right to pass upon the Constitution the
ground, in short. that Missouri is nom adj
mitted into the Union.
The gentleman himself. however, had,
in another part Of his speech. given up
this, which was the essential part of bis
argument for ne had conceded that. If
the Constitution of Missouri was repug-
Inant TO the Constitution of The United
States in particulars which could DOT be
submitted to the judicial authority for de-
cision, Congress ought TO interfere. IF,
said Mr.. S. we ought 10 sny case to inter-
iere, there must be mode ofiaterierence.
What is the mode. and what should be
The tine hen, 1eTisiniy, sine presents
herref for admission. And, if we have
then right TO enquire whether there is
or is not occasion for our interference, is
not the whole ground of the gentiemau's
argument abandoned
Pursuing his argument, Mr.. S. SAID be
held il TO be perfectly true, that there
could be DO violation Of the constitution of
the United States which would moi pro-
duce injurious civil aud political effects,
as distinguished from individual effects
over which the Judiciary have control.
How many men may be injured before one
s'san appears with spirits -svss@aa the
iniusticei What, Mr.. S. asked, did the
history of all governments exhibit 10 US,
but series of usurpaiions on one hand,
and sufferings on the other, submitted to
until they became too grievous longer to
be borne. Men suffer long they suffer
from necessity, from poverty, from isno-
the want Of capacity 10 ex-
ert those rights which belong to them, aud
which it ought to be the care of wise
government TO preseTUe 10 them. WHY'S
it that the names Of men who, 10 all time
past, have resisted oppression. have been
iDmortalised by the historian, the painter,
and the poet Why have they been con-
;idered as entitled to peculiar hoBors
Because they took upon themselves the
ourthen, and heavy burthen it is, OF re-
sisting by force the government which had
long oppressed ard prosecuted them aud
heir felIow-men, under the forms of law.
Now, said Mr.. S. If we allow bad prin-
cipIes to be admitted into the constitutions
Of states formed under our eye, or good
principles TO be excluded, what viii be
the consequence You shift the respon-
sibilily from yourselves and leave il to
10 fight the battle with the
states. Why do our state constitutions
contain declarations Of rights2 Why have
the people been so careful thus to lay down
the principles which are TO guide the
government 10 its operations Fer the
purpose of preserving political aud civil
rights inviolate as well as individual
rights, and 70 prevent individuals from
suffering under their violation.
Coming nearer to the particular ques-
ton involved 10 the constitution now pre-
sented by Missouri, Mr.. S. said, suppose
that constitution had said, that 90 free
vhite citizen of the United States should
come to reside in Missouri--was there
any gentleman who would say, that, with
such a provision in her constitution, Mis-
souri, ought to be admitted into the Union ?
He would not answer for others, but for
himself he believed such a provision
would produce such shock as wouldoc-
casion but one feeling throughout the
Of resistance. This was
an extreme case he knew, not likely to
happen, but he had put il for the purpose
Of illustration and he confessed that the
appesred to him irresistible, that
a power TO examine the provisions of the
constitution mast exist, and that power
to refuse admission, 10 certain cases, must
result
If Congress having the power TO re-
iect, should yet accept the constitution of