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

4
States, its Constitution and treaties made under
il, are the supreme law Of the land-and tor
greater caution adds, that the judges IN every
State shall be bound thereby. any thing 10 the
Constitution or Laws Of any State to the contrary
not sithstanding." And II may be asserted win
out fear Of refutation, that no Federatlve 80
vernmept could exist without . similar provision
Look for moment TO the consequence II south
Carolina considers the revenue laws unconstitu'
tional, and has right to prevent their execution
in the port Of Charleston, there would be clear
constitutional AFFECTION to their collection IN eve.
~ other port, and no revenue could be collected
any where; for al imposts must be equal 1t IS
no answer to repeat, that an unconstitutional law
is no law, ID long the question OF its legality
IS to be decided BY the State itself; tor every law
operat ing injuriousIy upon any local interest Will
be perhaps thought. and certainly represented.
a. Unconstitutional and, as has been shown, there
is no appeal.
If this doctrine had been established at an ear
lier day, the Union would have been dissolved IN
its infancy. The excise law IN Pennsylvania,
the embargo and non intercourse law IN the East.
ern States, the carriage tax IN Virginia. were all
deemed unconstitutional and were more unequal
in their operation than any OF the laws now CON-
planned Of; but fortunately zone Of those States
discovered that they had the right now claimed
by South Carolina The war into which we were
forced, to support the dignity Of the nation and
the rights Of our citizens, might have ended in
defeat and disgrace instead Of victory and no.
nor, If the States who supposed il ruinous and
unconstitutional measure had though they pos
sessed the right Of multiplying the act by which it
was declared aud denying supplies for its prose-
cution Hardly and unequalIy as those measures
bore upon several members Of the Union. to the
Legislatures Of none did this efficient and peace
able remedy. as it is called, suggest itself. The
discovery Of this important feature 10 our Con-
stitution was reserved to the present day. To
The statesmen Of South Carolina belongs the in
veDtion, and upon the citizens Of that State will
unfortunately fall the evils of reducing it to
prsetice.
If the doctrine of State veto upon the laws
OF the Union carries with it Internal evidence of
its impracticable absurdty, our constitutional his
tory will also afford abundant proof that il would
have been repudia,ed with indignation bad it
been proposed to form feature IN our Govern.
ment.
10 our colonial state, although dependent on
another power, We very early considered our
selves as connected by common interest with
each other. Leagues were formed for common
defence, and before the Declaration Of Indepen.
dence We were known in our aggregate character
AS THE UNITED COLONIES OF AMERICA. That
decisive and important step was taken jointly
We declared ourselves a nation by joint, not
BY several acts, and when the terms Of our con.
were reduced to form. it was in that Of
a solemn league Of several States by which they
reed that they would collectively form one ma.
ton for the purpose Of conducting some certain
domestic concerns and all foreign relations. In
the instrument forming that union is found an ar
tcls which declares that ''every State shah abide
by the determinations Of Congress ON all que..
ti0ns which by that confederation should be sub.
mitted to them"
Under the confederation then, no State could
legally annul dec,s ion Of the Congress, or re.
fuse to submit to its execuion; but no prov ision
was made to enforce these decisions. Congress
made regulations. but they were not complied
with. The Government could not operate on IN
dividuais. They had no Judiciary, no means Of
collecting revenue.
But the defects Of the confederation need not
be detailed. Under its operation we could scarce.
~ at home nor consideration abroad Tais state
Of things could not be endured, and our present
happy Constitution was formed. but formed in
vain, it this fatal doctrine prevails. 1t was form.
ed for important objects that are announced IN
the preamble made in the name and by the au,ho.
ri,y Of the people Of the United States, whose
delegates framed. and whose conventions approx.
ed It. The most important among these objects,
that which is placed trst in rank, on which all the
others rest, is "fo form more perfect Union"
Now, is it possible that even il there were M
express provision giving supremacy to the Consti-
tuition and laws Of the United States over those
OF the States-it can be conceived, that an in.
strument ma,ie for the purpose of forming
more perfect Union," than that of the confedera.
ton. could be SO constructed by the assembled
wisdom of our country as to substitute for that
confederation form ct government dependent
for its existence on the local interest, the party
spirit OF State, orof prevailing faction in a
States Every man Of plain, unsop6isticated I'm.
Outstanding, who hears the question, will give
such an answer as will preserve the Union. -
Metaphysical subllety. in pursuit of an imprac.
ticable theory, could alone have devised one that
IS calculated to destroyit.
l consider then the power to annul law of
the United States, assumed by one State, incoxs.
pafibte Oifh The eristsnce Of rte Union, contra.
dicfed erpressu bU the letter of fbe ou,,;t,,,:o