The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1832-12-18


ask you, fellow citizens, which is the constitu-
tioual disposition instrument speaks a
language not TO be misunderstood But if you
were assembled IN general convention, which
would you think the sa fest depository Of this
discretionary power IN the last resort! Would
you add clause giving il to each Of the States.
or would you sanction the wise provisions al
ready made by your Constitution II this
should be the result OF your deliberations when
providing for the future, are you, can you be
ready, 10 risk all that we hold dear, to estab-
l.sh. Cor temporary and local purpose, that
which you must acknowledge TO be destructive
and even absurd as q general provision Car
ry out the consequences OF this right vested IN
the different States, aud you must perceive
that the crisis your conduct presents at this
day would recur whenever any law Of the
u. S. displeased any Of the States, and that we
should soon cease to be nation.
The Ordinance, with the same knowledge
ofthe future that characterises former OBJ
lection. tells you that the proceeds VI the tax
will be unconstitutionslly applied. u this
could be ascer,ainei with certa inty, the objec-
ton would, with more propriety. be reserved
for tho law so applying the proceeds, but sure
ly cannot be urged against the laws levyins the
duty. '+
These are the allegations conta ined in the
Ordinance. Examine them seriously, my fell
low ctizens,-judge for yourselves. appeal
to you TO determine whether they are SO clear.
50 convincing. as TO leave no doubt of their
correctness and even ifyou should come to
this conclusion. how Ear they justify the reck-
less, destructive course, which you are directed
to pursue. Review these objections. and the
conclusions drawn from them once more. What
are they! Every law then for raising revenue,
according to lhe South Carolina Ordinance,
may be rightfully annulled, unless il be so
framed as no law ever will or eau be framed.
Congress have right to pass laws for raising
revenue, and each State have right TO oppose
their execution two rights directly opposed
to each other-and yet is this absurdity suppo.
sed to be contained in an instrument drawn
for the express purpose Of avoiding collisions
between the States aud the general govern
mont, by an assembly Of the most enlightened
statesmen and purest patriots ever embodied
for similar purpose. 1dos-tt 4tl-
In vain have these sages declared that Con-
gress shall have power TO lay and collect taxes,
duties, imposts, 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 and that Copsttstion shall be the su.
preme law Of the land, and that the Judges in
every State shall be bound the reby, any thing
contrary Notwithstanding. - In vain have the
people Of the several States solemnly sanction
ed these provisions, made them their para
mount law, and individually sworn to support
them whenever they were called on to exc
cute any Office. Vain provisions Intellectual
restrictions vile PROCLAMATION of oaths misera-
BILE mockery Of legislation !-ifa bare majori-
ty Of the voters in any one State may, on a
real or supposed knowledge of the intent with
which law has been passed, declare them
selves free from IFS operation SAY here it
gives too little, there too much, and operates
unequally y-heIs il suffers articles 10 be free
that ought to be tsxed-there it taxes those
that ought to be free. in this case the proceeds
are intended TO be applied to purposes which
We do not approye-in that the amount raised
Is more than is was4tej. Congress il is true
are invested by the Constitution with tho right
OF deciding these questions according to their
sound discretion Congress Is composed Of the
representatives ofai the States aud Of all the
people Of all the States but WE, part Of the
people Of one State, to whom the Constitution
has given no power on the subject, from whom
1t has expressly taken il Lway-We, who have
soiemnly agreed that this Constitution shall be
our law-,0e, most Of whom have sworn to
support it-we, now abrogate this law and
swea', and force others to swear, that il shall
not be obeyed-And we do this. not because
Congress have no right to pass such laws this
we do not allege, but because they have passed
them with improper views. They are uncon-
siitutional from the motives Of those who passed
them, which We eau never with certainty
know--lrom their unequal operation. although
IL is impossible from the nature Of things that
they should be equal-and from the disposition
which we presume may be made Of their pro-
cesd', although that disposition has not been
declared. This is the plain meaning Of the
Ordinance in relation to laws which II abro-
gates for alleged noonstitutionality.- But it
does not stop there. II repeals, in express
terms, an important part fthe Constitution
itself and Of laws passed to give il effect which
have never been alleged 10 be unconstitutional.
The Constitution declares that the judicial l.
powers Of the u. s. extend to cases arising un-
der the lava Of the u. 8. and that such laws,
the Constitution and Treaties, shall be para
mount TO the State Constitutions and laws
The judiciary act prescribes the mode by which
the case may be brought before Court ofthe
Y. 8. by appeal, when State tribunal shall
decide against This provision Of the Constitu
tion. The Ordinance eeclares there shall be no
appeal-makes the State law paramount to
the Constitution and laws Of the u. s. forces
Judges and jurors TO swear that they will dis
regard their provisions; and even makes il PEN
al in suitor to attempt relief by appeal. II
farther declares that it shall not be lawful for
the authorities ofths Y. s. or Of that State, TO
enforce the payment ofduties imposed by the
revenue laws within its limits.
Here is a Law ofthe U. 8. not even pretend
cd 10 be Unconstitutional, repealed by the au.
thority Of small majority ofthe voters OF a
sipsle State. Here - a provision Of the Con-
sttution which h solsmDly abrosated by the
same authority.
On such expostions and reasonings the Or
dinance grounds not only an assertion Of the
right to annul the laws Of which il complains,
Tut to enforce il BY throat Of seeding from
the Union if any attempt 10 made to execute
them. .'ss ..s
This right TO seceds is deduced from tn
nature OF the constitution. which they sa
70 q compact between sovereign states, VIII,
have preserved their whole sovereignty, an