Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1832-12-20

States; but WE, part Of the people Of one
State, TO whom the Constitution has Civ


State, TO whom the Constitution has Civ
en- no power on the subject, from whom
it has expressly taken it away--,re, who
have solcmnly agreed that this Consitu-
tion shall be our law--.ve, most OF u hon
have sworn to support tire, now abro-
gate this law and swear, and force 9TH
crs to swear, that il shall not be obeyed
And VIC do this, moi because Congress
have no right to pass such laws; this We
do not allcge, but because they have
passed them with improper views. They
are unconstitutional from the motives OF
those who passed them, which we can
never with certainty know--frOm their
unequal operation, although it is impos-
sible from the nature of things that they
should be equal--and from the DISPOSE
iion which we presume may be made OF
their proceeds, although that disposition
has not been declared. This is the plain
meaning of the Ordinance in relation 10
laws which it abrogates for alleged un-
consttutionality. y.--But it does not stop
;.cc::cc. j. :crcc.s c;, - :. express Terms On
important part OF the Constitution itself
and Of laws passed to give ii effect whIsh
have never been alleged to be unconstl J.
tutional. The Constitution declares that
the judicial powers ofthc United States,
extend to cases arising under the laws OF
the United States, and that such laws,
the Constitution and Trc at,cs, shall be
paramount to the State Constitutions and
laws. The judiciary act prcscrlbes the
mode by which the case may be'brought
before Il court OF the United States, by
appeal, when State tribunal shall de-
eide against this provision Of the Con
stituiion. The Ordinance declares there
shall be no appeal--makes the State law
paramount to the Constitution and laws
of the United Statcs--torccs judges and
jurors TO swear that they will disregard
their provisions; and even makes it penal
in suitor to attempt relief by appeal II
further declares that it shall not be law
ful for the authorities Of the U. States, OF
of that State to enforce the payment OF
duties imposed by the revenue laws with
in its limits.
| Here is a law ofthe United States no
even pretended to be unconstitutional, re
pealed by the authority of small ma
iority of the voters of single state
Here is a provision Of the constitution
which is solcmnIy abroga by the same
authority.
On such expositions and reasonings
the Ordinance grounds not onl y an as
serton of the right to annul the laws OF
which it complains, but to enforce it by
threat Of seeding from the Union II
any attempt is made to execute them.
| This right to scccdc is dcduced from
the nature of the constitution, which they
say is q compact between sovereign
States, who have preserved their whole
sovereignty, and therefore are subject t.
no superior; that because they made th'
compact, they can break it, when, in thel
opinion, it has been departed from by th'
other States. Fallacious as this cours
of reasoning is, it enlsts State Pride, an
finds advocates in the honest prejudice
Of those who have not studied the nature
of our Government sufficiently to see TIT
| radical error on which it rests.
The people of the United States form
ed the constitution, acting throug h thu
State Legislatures in making the com
pact, to meet and discuss its provisions
and acting in separate conventions whei
they ratified those provisions; but thu
terms used in its construction, show 1t t
be a Government in which the people o
all the States collectively are represcn
ted. We are one people in the choic'
of the President and Vice-President.-
Here the States have no other agency
than to direct the mode in which the votes
shall be given. The candidates having
the majority of all the votes, are chosen
The electors of u majority of States may
have given their votes for one candidate
and yet another may he chosen. The
people, then, and not the States, are re-
presented in the executive branch.
In the House Of Representatives there
is this difference, that the people OF one
State do not, rs in the case of President
and Vice-Presidcnt, all vote for the same
officers. The people Of all the States DO
not vote for all the members, each state
electing only its own Representatives.
But this creates no material distinction.-
When chosen, they are all Representa-
tivcs of the United States, not Reprcsen-
tatives Of the particular state from which
they come. They arc paid by the Uni
ted States, not by the state; nor are they
accountable to il for any act done in the
performance of their Legislative functions;
and however they may in practice, as it
is their duty to do, consult and prefer the
interests Of their particular constituents
when they come in conflict with any 9TH
er partial or local interest, yet it is their
first and highest duty, as Representatives
of the IIniled Staics in nronnte the gon-l