The Massachusetts spy. [volume] (Worcester [Mass.]) 1831-1858, 1832-12-19


irawn for the express purpose of avoiding collisions
between the States and the General Government,
by an assembly oi the most enlightened statesmen
and purest patriots ever embodied Tor similar pur
pose.
In vain have these sagcs declared that Congress
shall have power to lay and collect taxes, duties.
lmposts and excises--iu vain have they provided
that they shall have power 20 pass laws which shall
be necessary and proper to carry those powers into
execution. that those laws and that Constitution +
shall be the supreme law Of the land, and that (
the Judges in every State shall be bound thereby, /
any thing in the Constitution laws Of any State
to the contrary notwithstanding" In VAIN have :
the people of the several States soemnly sanction
ed these provisions, made them their paramount I
law, and individually sworn 10 support them when- |
ever they were called on TO execute any office. /
Vain provisions Intellectual restrictions vile pro-
ianaton of oaths miserable pockery oflegIsaton
if bare majority Of the voters in any one State
may Il real or supposed Knowledge of the intent
with which law has been passed, declre them
selves free from its oplration-say here it gives
too little, there too much, and operates unequay
here it suffers articles to be free that ought to
be taxed-thcre it taxes those that ought To be free
in this case The proceeds are intended 10 be ap-
piled to purposes which We do not apprnve--in
that the amount raised is more than is wanted,
Congress- it is true, invested by the COnStitu-
ton with the right Of deciding these questions &C
cordng their sound discretion. Congress Is
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. whom the
Constitution has given no power on the subject,
from whom il has expressly tlken it away-,ce,
who have so!Pmnly agreed that this Constitution
shall be our law-tre, most OF whoEl have sworn to
support it-,ce, now abrogRte this law, and swear,
ard force others toswear, that II shall moi be obey
ed. And we do tins, not because Congress have
no right pass such laws this do not allege,
but because they have passed them with improper
views. They are unconstitutional from the mo-
tives of those who passed them, which we can new
er with certainty know-from their unequal opera
ton, although it is impossible from the nature Of
things that they should be equal-and from the dis
position which presume may be made of their
proceeds, although that disposition has not been
declared. This IS the plain meaning Of the Ordi-
nance in relation to laws which IT abrCgatCs for
alleged unconsituionaty But it does not stop
there. 1t repeats in express TENS, an important
part Of the Constitution itself and of laws passed
to give it effect, which have never been alleged to
be unconstitutional. The Constitution declares
that the Judicial powers of the United States ex-
tend to arising under the laws of the United
States and that such laws the Constitution and
Treaties shall be paramount to the State Consttu-
tons and Laws The judiciary act prPscribes the
mode by which the case may be brought before
Court of the United States, by appeal, wnen a
State tribunal shall decide against this provision
of the Constitution. The Ordinance declares that
there shall be no appeal-Inakes the State law par
amount to the Constitution and laws of the United
states-torces Judges and jurors to swear that they
will disregard their provisions and even makes 1t
penal in Il sutton TO attempt relief by appeal. 1t
further declares that it shall not be lawful for the
authorities of The United States, or Of that State
to enforce the payment of duties imposed by the
/ revenue Ia US within its limits.
Here is Law of the United States not even pre-
tended to be unconstitutional, repealed by the au-
thority of small majority of the OF single
State. Here IS provision of the Constitution
which Ia SoemDlV ahroUaf tod nv tho hor ~
On such exposltions aud reasonngs the Ordi-
nance grounds not only assertion of the right to
annul the laws of which it complains, but to en-
force 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 compact
be tween sovereign States who have preserved their
/ whole sovereignty, and therefore, are subject to
no superior; that, because they made the compact.
they can break it when, in their opinion it has
hegn departed from by the other States Falia-
clous as this course of reasoning is it enlsts State
pride, and finds advocates in the honest preiudi-
ceS Of those who have not studied tie nature of
our Government sufficiently to see the radical error
on which il ests.
TIE People of the United States formed the
Constitution, acting through the State Legislatures
IN making tile compact, to meet and discuss its
provisions, and acting in separate conventions
when they ratified those provisions but the terms
used IN IT'S construction, show it to be Govern
heHl III WHICH tle people oil all the states cOIlec
lively are represented. We are ONE PEOPLE in
: the choice Of the President and Vice President.
Here the States have other agency than to di-
rect the mode in which the votes shall be given.
The candidates having the majority OF all the votes
are chosen. The electors of a majority of States
may have gwen their votes for one candidate, and
J yet another may be chosen. The People then, and
not the States, are represented in the Executive
branch.
In the House of Representatives there is this
difference, that the people of State do not, as
IN the case Of President and Vice President all
vote for the officers. The people of all the
States DO not vote for ali the members each State
! electing only its own representatives. But this
! creates no material distinction. When chosen
lhey a:e all representatives of the United States
not representatives OF the particular State fl ON
which they come. They are paid by the United
States, not by the State nor are they accountable
TO 1t Tor any act done in the performance of their
legislative functions; and however they may in
practice, as it is their duty do, consult and pre-
Ter the interests of their particular constituents
when they come in conflict with any other Partial
or local interests, yet it is their first and highest
, duty as representatives of the United States to
! promote the general good
The Constitution of the United States, then.
forms Government not league and whether it
be formed by compact between the States or in
other manner, its character is the same. 1t is a
Government IN which all the people are represen-
ted, WINCH operates directly the people ind-
Vdually not upon the States; they retained all the
power they did not grant. But each State having
expressly parted with many powers as to con-
stitute Jointly with the other States single nation
cannot from that period possess any right TO secede
because such secession does not break a league,
onl destroys the unity OF nation and any injury
TO that unity is not only breach which would re-
suit from the contraventlen of compact but it is
an offence against the whole Union. To say that
any State may at pleasure seccde from the Union
is 10 say that the United States are not a nation :;
because 1t w0gld be solecism to contend that any
part OF nation might dissolve its connection with
the other parts. to their injury or ruin, without
committing any offence. Secession like any other
revolutionary act may be morally justified by the
extremity OF oppression but to call it a c0nstitu-
iiona right Is confOundng the meaning Of terms
and can only be done through gross error or to de-
ceiVe those who are willing 10 assert right, but
would pause be!ore they made revolution, or in
cur tie penalties consequent on a failure
Because the Union was formed by compact il is
said the parties to that Compact NAV when thew
eel themselves aggrleved, depart from it but it is
precisely because 1t Is compact tina they cannot
A compact IS an agreement or binding Obligation
II may by It's terms, have sanction or penalty for
lis BREACH or II may not If it contains no sanction
] II may be broken with no other consequence than
moral guilt If 1t have sanction, then the breach
lacurs the designated or implied penalty A league
between independent nations, generally, has no
sanction other than moral one; or if il should
contain penalty, as there is no common suDerinr
It cannot he enforced. Government. on tLe
contrary always has sanction. express or u,plied
and, IN our case, 4 is both necessarily implied and
expressly gwen. An attempt by force OF arms 10
ueslfoy Government, is an offence. by Whatever
means the constitutional compact may have been
formed and such Government has the rtpAi. by
oil IN f.. 4 =