Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1832-12-14

port the dignity Of tho nation and tho rig hts of
| our citizens. might have ended in defeat and
| disgrace, instead of victory aud honor, If the
States who supposed it n ruiuous aud uncon-
si,utionai measure, had thought they possess
| ell the right Of multiplying the act by which il
was declared and denying SUI lies for its pro-
secution. Hardly aud uncqually as those mea-
sures bore upon several members of the Union.
TO the Legislatures of none did this efficient
! and peaceablc remedy, as il is called, suggest
| itself. The discovery Of this important feature
in our constitution was reserved To- the present
day. To the statesmen Of South Carolina
! belongs the inveuIiUin aud Upon the citiZeus Of
| that State will unfortunately fall, the evils of
| reducing il to practice.
| II the docuinc of State veto upon tho laws
Of The Union carries with it Internal evidence
of its mprac,ic" bile absurdity, our constitutions
al history will also afford abundant proof that
it would have N-en repudia,ed with indigua-
ton, had it been proposed TO form n feature in
our Government.
| In our colonial stutc, although dependant on
another power. we very early considered our
| selves - connected by common interest with
each other. Leagues were formed for cou, mon
defence, aud before the declaration of Iudepcn-
dcncc, we were Known IN our aggregate char
actcr TIE UNITED COLONIES ,r AMERICA
That decisive and important step was taken
Jointly. We declared ourselves a nation by q
| Joint, not by severa; acts; and when the terms
Ut our confederation were reduced to FORM, il
was in that of solemn hague of seyera!
| States, by when IL was agreed, that they
would, collectively form one natioI for the p,r-
| pose of conducting some certain domestic con-
| Germs, and all foreign RELATIONS. In the iustrm-
meat forming that Union, is farnd en- article
| which declares that "every State shall abide
by tue determination of Congress on all ques
tons Which 10y that confederation should be
Submitted 10 them"
| Under the confederation. Their, no State could
legally nnnul a decision Of the Congress, Or re.
inse 10 submit to its execution; bmt no provision
WIS made to enforce these decisions. Con-
| grcss made acquisitions, but they were not
complied with. The Government coulG not
operate ON individuals. They had no judiciary,
no means of collecting revenue.
But The defects of the confederation nccd OF
he detailed. Under it's operation, we could
scarcely he called a nation. We had neither
prosperity at homo nor consideration abroad.
This ate ut things could not be endured, and
our present happy constitution was formed,
but formed in vain, if this fatal doctrine pre-
walls. 1t was formed for important OBJ jects that
are announced in the preamble made in the
name and hy the authority Of the people of the
United States, whose delegates framed, and
whose conventions approved il. The most
important among these objects, that which is
placed first la rank, on which all the Others
rest. Is, TO form more perfect Union" Now,
Is possible that, even if there were no express
provision giving supremacy Ia the constitution
anG laws oil the United States over those of the
States. II can he conceived, that nm instrument
made for the purpose of FORMING Il more per
feet linton" Than that Of the confederation,
could he SO constructed 10y the assembled wis
dom OF our country rs to substitute for that
confederation u form of soveruinen Mt, depentleu
Tor lis existence on the local interest," the party
spirit of a Stale, or Of prevailing faction in a
State! Every man of plain, unsopIislicated
understanding, who hears the Question, will
give such an answer us " i'll preserve the Union.
Metaphysical subilety, in pursuit of an Imprac-
tcahle theory, could alone have devised one
that Is calculated To destroy il.
consider, then, the power to anuul law
OF the United States; assumed by ono State,
INCOMPATIBLE WITH THE ExIsTENcE THE
UNION, CoNTRADIcTED EXPRESSLY BY THELET-
TER OF THE CONSTITUTION, UNAUTHORIZED BY
rs SPIRIT, IN INCONSISTENT WITH EVERY pRINCI
PIE on WHICH IT WAS FOUNDED, AND DEsTRUC-
TIVE OF THE GREAT OBJECT FUR WHICH 1T WAS
FORMED.
AT er this general view of the leading prin
pie, we must examine The particular application
of IT which is made III the ordinance.
| The preamble rests its jus,ifi. ation on these
3 oumds:-It assumes as "A fact, that the OBJ
uoxious laws, although they purport to be laws
| Tor raising revenue, were in reality intended
Tor the protection OF manufactures, which pur
pose II asserts 10 he uuconsti' utiona that the
operation OF these laws is unequal that the
amount raised Ivy them is greater than is re-
Qurcd by the wants of the Gov ernment;-and
| finally, that The proceeds to he applied
To OBJECTS unauthorized by the Constitution
| These are the only causes alleged 10 Justify AN
open opposition to The laws of the country and
threat of seeding from The Union, if any at
| fempt should be made TO enforce them. The
first virtually acknowledges that tho Law it,
| question was passed under power expressly
| given by the Constitution, to lay and collect
imposls; but its constrtutionnlity is drawn In
question from the motives OF those who passed
II. However apparent this purpose may be in
the present case, nothing can lie more dan
gerous than to nddit the position that an
unconstitutional purpose, entertained by tie
members who asscntIo law enacted Under
a constitutional power, shall make that law
void; for how is that purpose to bo ascertain
cd Who is 10 make the scrutiny? How OF
| ten may bad purposes be falsely impu ed J In
how many cases are they concealed by false
professions In how many is no dc claratiun of
| motive made Admit this doctrine, aud you
give 10 the States an uncontrolled right to TO-
eide, and every law may be anuucd under this
pretext II, therefore, the absurd aud dagger
GUS doctrine should be admitted, that a State
may annui an unconstitutional law, or one
thai it deems such, it will not apply to the pre-.
sent case.
The next objection is, that the laws in gues
lIon operate umequally. This objection may
bc made with truth To every law that has been
or can I've passed Tie wisdom ofman never We,
| contuved system oE taxation lhat would Ope-
rate With perfect eqnylIiy. 1.-THE unequal ope-
ration OF law makes il unconstitutional, and
IT all laws Of that description may be abrogated
| Ivy any Slate Tor that Cause then indeed is the
Federal Constitution INV orthy OF the slightest
| tlIurt Tor It's preservation. We have hitherto
relied on it as the perpetual bond Of our Union.
| We have received IT as the work Of the assem-