Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1832-12-13


These are the allegations contained in the Ordinance
Examine them seriously my fellow ciizcuS,-udge Tor
yourselves. appeal TO You 10 determine whether they
clear, convincing, leave doubt of their
correctness; aud even il you should 10 this concu
sion, how Tar they justify the reckless destructive course,
which you directed 10 pursue Review these ohcc-
tons, and the conclusions a. AVN Gom tct more.
What are they? Every law hcu for RAISING revenue nc
cordng 70 The South Caroira O.tnancc, may be right
fully annulled, unless be Ganed law ever will
or eau bS famed Congress have light pass laws Tor
raising revenue, rad eaca State have right TO oppose
their cNecuontwO rights directly opposed TO each other
and yet IS this ah'ur,y supposed contained in at,
instrument tort express purpose ,oding col.
s'ons between lhr States aud the general government, by
an assembly % the most eu htcc statesmen and purest
patriots ever embodied for similar purpose.
In vain have these sdseS declared that Congress shall
have power To lay and cole taxes, duties mposts and
excisesin vain have HEY provided hat they Shall have
power 10 pass laws which shall Toe necessary and proper
TO carry those into execution that those laws
that Constitution shall be the "supreine law of the land
and that the Judges in every Sa:. shall, be bound there
by any thing in the Constitution laws of any State 10
the contrary notw outstanding. In vain have the peoplc
OF te several States socmny sanctioned these provisions
made them their paramount law end individually sworn
TO support them Whenever they called 10 execute
any office ain provision. Intellectual resicios vile
PROCLAMATION OF odh>! miserable mockery OF legisalon-
pare majority oil the voters in any State may
real supposed knowledge of the intent with which
law has been passed declare themselves its ope-
faoh-S'y mere gives too Iile there too much aud
operates GneqIdiyhve it suffers articles be free that
onght to be aNedherc it taxes those ha ought TO be
ircein this the prOcC are intended TO he oppcJ
topurpOs2s which do approvc-in that the amount
raised IL more than IS wanted Congress it is true are in
vested by the Constitution with the right OF deciding
these questions according their sound dscreton Con.
gress composed of the representatives of all the States
and OF all the people Of all the States but We part of the
people OF one State, 10 whom the Constitution has given
power the subject from whom it has expressly Ia
kenlt away-tce, who have solcmnly agreed that this
Constitution shall be our dw-tce, of whom have
sworn TO support Ce, abrogate this law and swear
and force others 10 swear that il shall not be obeycd-
And we DO this not because Congress have right to
pass such laws this do aegc, but because they
Improper IN
constitutional from the motives Of those who passed them
which never with certainty know-irou ,,er nm
equal operation although it is impossible from the nature
o, things that they should be equal from the dpo
ton which we presume may be made Of their proceeds
though that disposition has been Jared This i, the
PLAIN meaning OF the Ordinance in relation TO laws which
abrogacS for alleged uncousiuonaly But does not
stop there Ii repeats in express terms, an important part
OF Tie Constitutions Itself and Of laws passed 10 give il
feet, which have been alleged to be unconsution-
al The Constitution declares that the judicial powers of
the United States extend TO arising under the laws
oil the United States, and tat such laws the Constitution
and Treaties sb" be paramount TO the State Constitutions
aud laws The judiciary act preScribes the mode by which
the case may be brought before Court of the United
States, by appeal when tribunal shall decide
against this provision OF the Constitution The Odnanre
declares there shall be appeal-lnakes the State law
paramount 10 the Constitution and laws of the United
Staes-ioces Judges and jurors that they will
disregard their provisions; and makes penal in
tuo 10 attempt rthe by appeal II further declares that
II snail not be Lawful Tor the authorities of the IT, States
or oil that State TO enrce the payment Of duties imposed
by the revenue laws within its limits
Here Is law OF the United States not even pretended
to be unconsiiiuhona repealed by the auio i,y of a
small majority oil 'he voters OF single Sme Eere is a
provision OF the constitution wh.c is solennv abtcoed
by the authority.
On such eSpositons and -asonings the Ordinance
grounds 10, only assertion OF the light to snnul lie
laws OF which II compi~ius but enforce it hy threat
oil seeding liom he MON II any aItemp, is made
cute Them
This right TO sccede Is deIuced from the nature o. the
constitution which they say is compact between soye-
reign safes, who have preserved their hole sovereign
ty and er fore fuject 10 superior: that because
tey made the COmpct, they break it, when in their
opinion II has been departed from by the other States
adcous - ms coar Of reasoning is, enlisls
Plde, ana ms advocates ia the honest prcjuces Of
those who have not su led the nature of our
sufficiently to the radical on which il rests
The people o! Ihe u lied States formed he tuition
acting through tha State Legsa in making the com
pic 70 meet aud discuss its provisions, and acting in SO
Pdfaie conventions when they ratified tuse provisions :;
bu the terms used IN ii ruction show it be 20
Vernment in which the people OF all the States collectively
are represented. PSoPI.E in the choice OF
ihe Pr, sden and Vice President Hsre the states have
10 other 'gency than 10 iii he mode in " hich the
votes shall be given The ddAtes having the majority
OF al Tue votes ac chOch Inc cleo OF majority
States ndy have givn heir Tor candidate aud
yet s.o'neF may be chssen T. people, then, and not
The States, are represented in the Executive branch
In the House OF Representatives there is this ,li;-rec
mat The people oil one ale do not in the Pre-.
sdeh aud ice President ali Tor the same officers
The people Of all The Sies do Tor all The mei-
ne $ each Si"e eicctng only is senalyes.
But his creates material distinction. VIII, chosen
i"ey arc all representatives OF tie Uni ed STATES not
representatives. OF the particular ate IRON which they
come Icy are paid by he United STA es, not by
tie state hor hey accountable 1t for any act
done ~ lie performance OF their legislative functions;
AMI however they in practice, is their duty 10
do consult aud prefer the Interests OF their particular
su'u MS when hey in coufct with any other par
ual or local interest," yet is their first and highest duty
as REPRESENTATIVES OF The Uni cd ates, promote the ge-
neral z od.
The Constitution Of the United States then forms
government, not Ienguc, and whether it be formed by
compact between the States, in any other manner
character Is Inc same Ii is government i'll which all
the people are represented, which operates directly on
Tie people individually not upon the Sateshey retain
Ell all The power they did not grant. But each State
having expressly parted with many powers as TO con.
sh'ue jointly with the other States single Nation can
such secession does not break league, but DESTROYS the
unity oil Naiion, and any injury that unity not only
breach winch would result from the raventon of a
compact but IT IS an offence against the whole Union To
say that any State may pleasure seccde from the Union
Is to say that tie United States not Nation because
II would be soccsm TO contend that any part Of Ma
Ton might dissolve It's connection with the other parts 10
neir injury ruin, without committing any offence Sc
cesson, like any other dictionary act may be morally
Justified by the extremity of oppression; but TO call it
constitutional light, IS concluding the meaning OF terms
aud only be done through gross error or 10 deceive
nose Who Willing To assert right, but would pause
before they made revolution incur the penal les con-
scqueGt q f.ure.
Because the Union formed by compact is said
TIE parties 10 that compact may, when they feel them
selves dgguevet, depart from b.: but il is precisely
cause II Is compact that tLey cannot compact an
agreement orbndng obligation. may by its terms have
sanction penalty for as breach it may Ir il
Contains no sancOn may be broken with 10 other con-
sequence Than moral guilt: i have sancion then the
breach incus une designated implied penalty. A
league between independent nations. generally bds no