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

| un uiCOIlSlltNloIui nv ~ NSo''G'~
! llThcre il. however, n rcstnint in this last
| case. which makes the assumed power OF a
I State more inuefcnsblc, and which docs
' not exist in the other. There are two ap.
| pcals from an unconstitutional Act passed
! by Congress to the Judiciary, III"
| other to / he People, and the States. There
lis no appeal from the State decision III
| Theory and the practical illustration shows
! that the courts are closed against an dp-
plicatinn 10 review il. both Judges aud
i Jurors being sworn TO decide in It's favor
! But reasoning on this subject is superfiuous
/ when our social compact in express terms
declares. that the laws of the u. 5. Consu
'tutoa and treaties made under 1t, are the
Supreme law of the land--and for create
| caution adds. =" that the judges in every
. state shall be bound thereby, any thing in
I the Cons,l ,ltution or laws of any State to thu
contrary notwithstanding And 1t may
be- asserted without fear of rctutation, that
mo FcIcraiive Government could exist
/ without similar provision. Look for
moment to the consequence. II South
/ licarnlina considers the revenue laws un-
! I'consttional, ana ms rignt to prevent
I their execution in the port OF Chnr'cstcn,
;. there would be Il clear constitutional oblcc-
| ltion to their collection in every other port :,
! and no revenue could be collcctcdany where
| for all imposts must be equal. IL Is no an
i wer 70 repeat that an unconstitutional law
! lis no law. so long as the question of ITS
I legality is To be decided by the State itself;
B fr every law operating mJurioasly upon
/ any local interest will be perhaps thought,
, and certainly represented, as nnconsiitu-
!, 'uonal, and, as has been shown, there Is no
appeal.
II lfthis doctrine had been established at
an earlier day, the Union would have been
dissolved in It's infancy. The excise law IN
PENNSYLVANIA, the embargo and non.intcr-
|. course law in The Eastern States, the ;ar.
I riagc tax in Virginia, were all deemed un-
constitutional and were more unequal III
shcir operation than any OF the laws now
! complained of; but fortunately none of those
States discovered that they had the right
now claimed by South Carolina. The war
INTO which we were forced, to support the
dignity of the nation and the rights of our
citizens, might have ended in defeat and
disgrace instead of victory and honor, il the
States who supposed it ruinous and un-
constitutional measure had thought they
possessed the right of nullifying the act by
! which it was declared and denying supplies
I for its prosecution. Hardly and unequally
as those measures bore upon several mem
ibcrs ofthe Union, to the Legislatures OF
none did this efficient and pcaceable remedy
as it is called, suggest itself. The dis
:, covcrv of this important feature III our
\ Constitution was reserved to the present
W. dav. TO some of the statesmen of South
Carolina belongs the invention, and upon
/ the citizens Of that State will unfortunately
fall the evils of reducing it to practice.
II Iftbe doctrine Of a State veto upon tho
laws of the Union carries with it internal
evidence ofits impracticable absurdity, our
constitutional history will also afford abun-
dant proof that it would have been repudia-
ted with Indignation had it been proposed TO
} form feature in our Government.
n In our Colonial state. although dependent
on another power, we very early considered
ourselves us connected by common interest
; with each other. Leagues were formed Tor
I common dcien ce and before the Declaration
of Independence we were known IN our ag-
rrerute character As THE UNITED COLONIES
or AMERICA. That decisive and important
step was taken Jointly. We declared our.
: selves nation by joint, not by several
acts, and when the terms Of our confedera.
ton were reduced to form, it was in that OF
solemn league of several States, by which
they agreed that they would collectively
form one nation for the purpose OF conduct
lno some certain domestic concerns, and all
toreipn relations. In the instrument form
ing that union is found an article which de-
|clares tLat "cvery State shall abide by the
determinations of Congress cn oil questions
which by that confederation should he sub
mitted to thcm.'
' Under ths confederation then, no State
could legally annul decision OF the Con-
cfcss. or refuse to submit To its execution ;
! but no provision was made TO enforce these
decisions. Congress made requsitions but
: tbey were not complied with. The Co
vcrnmenl could not operate Oh individuals.
They had no Judiciary no means OF collect
Ing revenue.
n But the defects of the confederation need
: not be detailed. Under its operation we
could scarcely he call'd a nation. We had
, neither prosperity ut home nor consideration
abroad. Tins state of things could not be
endured and our present happy CONSTITUTION
: was formed, but formed IN vain, II tins iata'
doctrine prevails 1t was formed for nm
portant objects that are announced IN the
; preamble made in the name and by the au-
thorty Of the people Of the U. >. whose
Delegates framed, and whose conventions
approved it. The most important among
these objects, that which is placed first IL
rank. on which all the others rest, Is TO
form more perfect Union" Nowis 1t pos
sible that even ii there were no express pro-
vision giving supremacyto the Constitution
and laws ofthe United States over those OF
the States--can it be conceived, that an IN
: strument made for the purpose of" forming
more perfect Union," than that OF the
|, confederation could be so constructed by the
assembled wisdom ofour country as to sub.
stitute for that confederation form of go-
vernmcnt dependent for its existence on the
,oo,I intoresf the party sprit of State, or