Vandalia Whig and Illinois intelligencer. [volume] (Vandalia, Ill.) 1832-183?, 1832-12-26

The excise law IN Pennsy lyania, the embar-
non-intercourse law in the Eastern States, the
carriage tax in Virginia, all deemed unconstitu-
tiona, and were unequalin their operation than
any Of the laws now complained of; but fortu-
nately, none of those States discovered that thew
had the right now claimed By South Carolina The
war into which were forced, to support the digni-
y of the nation and the rights of our citizens might
have ended in defeat and disgrace instead of victory
and honor, if the States, who supposed it Il ruinous
and unconstitutional measure had thought thew DOS
sessed the right of multiplying the act by which it was
declared, and denying supplies for its prosecution.
Hardly and unequally as thoss measures bore upon
several members of the Union ito the legislature of
none did this efficient and peaseble remedy, as it is
called, suggest itself The discovery of this impor-
tant feature in constituencies reserved to the
present day. To the Statesmen of South Carolina
belongs the invention and upd the citizens of that
state will unfortunately fall theevs of reducing it to
practice.
If the doctrine of State veto upon the laws of
the Union carries with it nternl evidence of its i'm
practicable absurdy, our constitutional history will
also afford abundant proof that il would have been
with Indignation hadit been proposed to
form feature in our Government.
In our colonial state. although dependant on an
other power we very early considered ourselves as
connected by common interest with each other
Leagues were formed for commoI defence, and be-
fore the declaration of independace we were known
in our aggregate character as Me united colonies of
.4merica That decisive and IMPORTANT step was ia
Ken Jolntly. we declared oursekes nation by a
joint, not by several acts; and when the terms of
our confederation were reduced to f1rm, it was in
that of solemn league of sevchl States, by which
they agreed that they would collectively, form one
nation, for the purpose of conduct some certain
domestic concerns, and all foreign relations In the
instrument forming that Union,,is found an article
winch declares that "eycry State shall abide bv the
determinations of Congress all question: which by
that confederation shonid be submitted TO Nem.o
Under tba n,la ratio thap C+,to. y
gally annu decision of the Congress, or efuse to
submit to its execution; but no provision wis made
TO enforce these decisions. Congress made reqstions
but they were not complied with. The Government
could not operate on individuals. They had 10 Ju-
dietary, no means of collecting revenue.
But the defects of the confederation need not be
detailed Under its operation, could scarcely be
called nation. We had neither prosperity at home
nor consideration abroad This state of things could
not be endured, present happy Constitution was
formed but formed in vain if this fatal doctrnepre-
walls 1t was formed for important objects that are an
nounced in the preamble made the name and by the
authority of the people of the u s., whose delegates
framed, and whose conventions approved 1t. The
most important among these objects, that which is
placed first i'll rank which all the Others rest is,
TO form more perfect Union." Now, is it posi-
Die that, even if there express provisions Civ
ing supremacy to the Constitution and laws of the
United States those of the States it can be con-
celved, that an instrument made for the purpose of
Jornng more perfect Union' than that of the con-
could be constructed by the assembled
wisdom OF our country as to substitute for that con-
federation form of government dependent for its ex-
stence on the local interest," the party spirit of
state, or of prevailing faction in State! Every
man OF plain unsophisticated understanding, who
hear the question, will give such an answer as will
preserve the Union. Metaphysical subtety, in pur-
sut OF an mpractcable theory, could alone have de.
vlsed one that is calculated to destroy it,
:, consider, then, the power to annul law of the
United States, assumed by one State, itconspatible
ct the existence Of the Union, contradcted erpressl.
by me letter Of the Constitution, unauthorized By lis
pHtt, mconsisteatwHh every principle on ,chch it was
founded, and destructive of e great object for ch,ch
it acds formed.
After this general view of the leading principle we
must examine The particular application of it which
is made In the ordnance.
The preamble rests its Justification on these,
grounds: 1t assumes as fact, that the obnoxious
laws, although they purport to be laws for raising
venue were IN reality intended >r the protection of
TaIaEl purpose-asser,- 10 be uncon-
shntiona; that The operation of these lave is une-
quail that the amount raised BY them greater than
IS required by the wants of thu Government; and,
finally that the proceeds to he applied to objects
unauthorized by the Constitution. These are the on
y causes alledged to justify an open opposition to
me laws of the country, and threat of seeding
rom the Union, if any attempt should be made
20 enforce them. She first virtually acknowledges
expressly given by the Constitution to lay and collect
mposts, but its constltutonality drawn in question
rom the motives of those who aSed it, However APP
parent this purpose may be in thu present case, moth
ng can be more dangerous thanto NIT the position
nat an unconstitutional purpos, entertained by the
members who assent to law acted under consti-
utlonal power, shall make thai law void for how is
nat purpose to be ascertainedl Who is to make the
scrutiny! How often may bad purposes be falsely
imputed: In how many cases gre they concealed by
aise profession! In how manyis no declaration of
motive made! Admit this doc fine, and you give to
he States an uncontrolled rghtto decide and every
aw may be annulled under thb pretext. IL, there
ore, the absurd and dangerous doctrine should be ad-
nltted that State may annul an unconstitutional
aw, or one that it deems SUCH it will not apply to
he present case.
The next objection is, thet the laws in question OPP
crate unequally. This objection may be made with
ruth to every law that has been Dr. can be passed.
ne wisdom OF man nevt yet cdntrived system of
taxation that would operate with perfect equality
II the unequal operation of law makes it unconsti
-utiena and If all laws Of that description may be
,hrogated by any State for that cause, then indeed
me ederal Constitution unworthy of the slightest eff
tort for its preservation We have hitherto relied
on 1t as the perpetual bond of our Union. We have
received it as the work of the assembled wisdom of
Inc nation We have trusted to it as to the sheet an
chor OF our safety, in the stormy times of conflict
with foreign or domestic foe. We have looked to
It with sacred awe the palladium of our liberties,
ana with all the soemnties of religion, have pledged
to each other lives and fortunes here, and our
hopes OF happiness hereafter in its defence and sup
port. Were we mistaken, my countrymen, in at
tachng this Importance to the Constitution of our
country! Was our devotion paid to the wretched,
lnehclent, clumsy continuance, which this new doc
trine would make it? Did we pledge ourselves to
the support of an airy nothing-a bubble that must
be blown away by the first breath of dsafeetion9
Was this sel-destroying, visionary theory, the work
OF the profound statesmen the exalted patriots, to
whom the task Of constitutional reform entrns-