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

structiye course, which you are directed 10 po''
sue. Review these objections. and the conc'u'
sions avn from them. once more. What are
theyl Every Law then for raising revenue, ae-
cordine to the South Carolina Ordinance may
be rishtfully annuIed. unless it be 50 framed a.
no Law ever will or can be framed. Congress:
have right to pass lsws for raising revenue. and
each State has right to oppose their execution
two rights directly opposed to each othef-
and vet il this absurdity supposed to De con-
tanned in an instrument drawn tor the express
purpose Of avoiding collisions between the
States and the general government, 6v an Assem-.
bly, of the most enlightened statesmen and
purest patriots ever embodied for similar pur-
pose.
In vain have these sases declared that Con-
gress shall have power to lay and collect taxes.
duties, impoyts, and excises.-in vain have they
provided that they shall have power to pass laws
which shall be necessary and proper to carry
those powers into execution, that those laws snd
that Constitution shall be the :. supreme Law OF
the land. and that tn. Judges in every State
shall be bound thereby. any thing in the Con-
stitution or laws Of any State to the contrary
Notwithstanding. I'm. vain have the people Of
the several States soIemnly sanctioned these
provisions, made them their paramount law. and
individually sworn to support them whenever
they were called on TO execute any office. Vain
provisions Intellectual restrictions! vile pr0f4n.
alton Of osths! miserable mockery OF legislation!
1T bare maturity of the voters in any one
State may, on real or supposed knewledse Of
the intent with which law has been paused,
declare themselves free from it's operation-say
here it gives too little. there too much, md ope
rates unequaily-here il suffers articles to be
free that ought to be taxed-thers It taxes those
that ought to b. free-in this case the proceeds
are intended to bs applied to purposes which we
do not approve that the amount raised is
more than is wanted Congress it 10 true are
invested by the Constitution with the right Of
deciding these questions according to their sound
discretion: Congre-.is composed Of the repre-
sentatives of all the States and OF ali the people
o. all the States; bot WE. part Of the people OF
one State, 10 HON the Constitution has gwen no
power on the subject, from whom il has express.
y taken it away-toc. who have sniemniy agreed
that this Constitution shall be our iaw-re.
most Of whom have sworn to support it-we.
now abr0gats this law and swear, and force
others to swear, that il shall not Dr. eyed
And We do this, not because Congress have no
right to pass such laws; this we do not a'legs but
because they have passed them with improper
views. They are unconstitutional from the mo.
lives of those who passed them, which we Can
never with certainty kno~.-f,oA their unequal
operation, although it is impossible, from the
nature of things, that they should be esusl-and
from the disposition which we presume may be
made Of their proceeds, although that disposition
has not been declared This is the plain mean.
inc Of the Ordinance in relation TO laws which,
it abrogates for alleged uncOnstitu tionality.
But it does not stop there. 1t repeats, in ex-
press terms, an important part ofthe COnstfu ion
itself. and of laws passed to give 1t effect, which
have never been alleged to be unconstitutional.
The Constitution declares that the Judicial powers
of the United States extend TO cases arising
under the laws of. the United States. and that
such laws, the Constitution and Treaties. shall
be paramount to the State Constitutions and laws.
The Judiciary Act prescribes the mode by which
the case may be brought before Court OF the
United States. BY appeal, when State tribunal
shall decide against this provision Of the Constita-
ton. Tie Ordinance declares there shall be no
appeal-makes the State law paramount to the
Cons titutlon and laws Of the United States
forces Judges and Jurors to swear that they will
disregard their provisions, and even makes it
penal in sutton to attempt relief by appeal. It
further declares that it sha not be lawful for the
authorities Of the U. S,sx II of that State, to
enforce the payment Of Imposed ny the
revenue laws within its hQl0.
Here is law Of the United States. not even
pretended to be unconstitutional, repealed BY the
authority Of small majority OF the voters Of
single State. Here Isl provision OF the Con-
stitution which is soIemnIy abrogated by the
same authority.
On such expositions and reasonings the OrIi.
nance grounds Dot only an assertion Of the right
to annul the laws of which It complains. but to
enforce it BY threat Of seeding from the Union
if any attempt is made to execute them.
This right to secede is deduced from the nature
Of the Constitution, which, they say. is a COM
pact between sovereign States. who have preser.
we'd their whole sovereignty. and therefore sub.
ject to no superior: that, because they made the
compact, they can break it. when, in their opini.
on it has been departed from by the other States.
FalIacious as this course Of reasoning is, it ensts
State pride. and finds advocates in the honest
prejudices of those who have not studied the ma
ture of our Government sufficiently to see the "a.
dical error on which il rests.
The People Of the United States formed the
Constitution, acting through the State L-gisIa.
lures in making the comDact. to meet and discuss