Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1832-12-12


purpose may be in the present case, nothing can
be more dangerous thsn TO admit the position tna'
an unconstitutional purpose, entertained oy the
! members who assent to law enacted under Q
constitutional power, shall make that Law void;
for how Is that purpose to be ascsrtained! who
is to make the srruriuy7 How Often may bad
purposes be falsely imputed-'n;how many cases
are they concealed BY false professionalism how
many is no declaration Of motive nader Ad'
nit this doctrine, and you give to the States al
uncontrolled right to decide, and every law may
be annuiied under this pretext. II. therefore,
the absurd and dangerous doctrine should be ad'
miited, that State may annual an unconshtut'on-
al law, or one that it deems such, II will not ap-
ply to the present case.
The next objection Is, that the laws in ques.
ton operate unequaily. This objection may be
made with truth to every law that has been or
can be passed. The wisdom Of man never yet
contrived system of taxation that would ope.
rate with perfect equality. II the unequal ops.
ration Of a law makes it unconstitutional. and
il oil laws Of that description may be abrogatsd
by any State for that cause, then indeed 10 the
Federal Constitution unworthy Of the slightest
effort for its preservation. We have hitherto
relied on il as the perpetual md OF our Union.
We have received it as the york Of the Assem-.
Oicu WiSuUu W W. uottuus W uoSs 'rosSo ~
il as to the sheet anchor Of our safety in the stor.
my times Of conflict with foreign or domestic
Zoe. We have looked to ii with sacred ave ss
the palladium Of our liberties and with all the
solemnities Of religion have pledged to each
other our lives ard fortunes here, and our hopes,
Of happiness hereafter, in Its defence and sup
port Were we mistaken, INV countrymen, in
attaching this Importance to the Constitution Of
QUE countryl Was our devotion paid to the
,wretched, inefficient. clumsy contrivance, which
this new doctrine would make il? Did we pledge
ourselves to the support Of an airy nothing. a
bubble that must be blown away BY the first breath
Of disaffectionl Was this srli.destroying. Wis.
ionary theory, the work Of the profound states.
men, the exalted patriots, 10 whom the task of
constitutional reform was entrusted? Did the
name Of Washington sanction, did the States
deliberately ratify such an anomaly in the his
tory Of fundamental legislation. No.
We were not mistaken. The letter OF this
great instrument is free from this radical fault:
its language directly contradicts the imputation:
its splrit-its evident intent contradcts it. M
we did not err! Oar Constitution does not con.
tain the absurdIty of giving power to make laws
and another power to resist them. The sages
whose memory will always be reverenced have
given US practical. and az they hoped. perma-
nent constitutional compact. The Father Of his
country did not affix Ills rever red name to so
pa pabIe an ,absurdity Nor did the States,
when they seyeraly ratified it, do so under the
impression that a veto on the laws Vt the United
States was reserved to them, or that they could
exercise it by implication. Search the debates
in all their OBSERVATION-DISCLOSURES the speeches
Of the most jealous Opposers Of Federal anthOri
ty-look at the amendments that we're proposed
they are all sIlent-not sviiab,e uttered, not
vote given, not a melton made to correct the
explicit supremacy given to the laws OF the Uni.
on over those Of the States-or to show that I'M
plicatinn, as is now commended, could defeat it.
Move have mot erred! The Constitution is
still the object of our reverence, the bond OF our
Union, our defence in danger, the source Of our
prosperity in peace. Ii shall descend as we have
received 1t, interrupted BY sophislcal construc-
ton, to our posterity; and the sacrifices OF local
interest. Of State prejudces, OF personal amino.
sites, that we're made to bring it into existence.
will again be periodically offered for its support
The two remaining objections made by the
Ordinance to these laws that the sums intended
to be raised by them are greater than are required.
and that the proceeds will be unconstituti0naily
employed.
The Constitution nas given expressly to Con-
STcSs tuS TiSUt w 'e'e"uS o"o w VOW
mining the sum the pubic exigencies will require
The States have control over the exercise Of
this right, other than that which results from the
power Of changing the Representatives who abuse
it, and thus procure redress Congress may IN
doubtedly abuse this discretionary power. but
The same may be said of others with which they
are vested. Yet the discretion must exist some
where. The Constitution has given it to the Re-
representatives. of all the people checked BY the
Representatives of the States, and by the Esecu.
tive power. The South Carolina construction
gives 1t to the Legislature or the Convention Of
single State, where neither the people OF the dit
ferent States nor the States in their separate ca,
pacity, nor the Chief Magistrate elected by the
people have any representation. Which is the
most discreet disposition of the powerl do
not ask YOU, fellow citizens, which is the consti
tutional disposition-that instrument speaks a
language not to be misunderstood. But If you
were assembled in general convention, which
wou!d you think the safest depository of this dis
cretionary power in the last resort Would you
add clause giving it to each Of the States, or
would you sanction the wise provisions already
made by YOUR constitution II this should be