Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1832-12-13

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Germs and oil foreign relations In the instrument forming
that union Is found article which declares that
ate shall abide by the de ordinations Congress on ai
questions which by that confederation should he submit cd
TO them
Under the confederation them no State could legally
annu' decision of the Congress- TO submit 10 its
execution but no provision was made enforce these de-
clsons' congress made requisitons but they
complied with. The Government could no, operate on,
individuals They had no Judiciary means of collect,
But the defects of the confederation reed not be detail
ed. Under its operation we could scarcely be called
nation We had neither prosperity al home nor consiIe
ration abroad This state Of things could not be endured
ana our present happy Constitution FORMED but
formed in vain, IL this fatal doctrine prevails 1t was
formed for important objects that are announced iu
the preamble made in the and by the au,hori-
y OF the people Of the United States, whose dele
gates framed, and whose conventions approved H. Tho
most important among these objects, that which is pac.
ed s IN rank. which oil Others rest is, "to form q
more peveet Onon," Now, is il possible that even il
there express provision giving supremacy 10 tho
Constitution and laws of the United States over those of
the States-can it be conceived, that instrument made
Tor he purpose oil forming more perfect Union" thar
mat OF the confederation, could be constructed by the
assembled wisdom OF country substitute for that
confederation of form OF gov ernmcn lependen, FIR ts
existence the local interest the party shirt of S,,
or oil prevailing faction in Sate-Everv man of pon
unsophscated understanding, who hears the question
VIII give such an answer will preserve the Union
Metaphysical subey, in pursuit of mpraccabe heo.
y could alone have devised that is calculated TO de-
stoy it,
consider then the power TO annul law of the United
States, assumed by one State, INCOMPATIBLE wIru
THE OF UNION, CoNTRADICTEp
PREssLH by THE LETTER THE CoNsTITuTIoN
UNAUTHORIZED SPIRIT, INcoNsIsrENr wrr,r
EVERY PRINCIPLE ON WHICH 1T WAS FoUNDEpAND
Destructive OF THE GREAT OBJECT WHICH IL
WAS FORMED.
After this general view Of the leading principles we
must EXAMINE the particular application oft which is made
in the Ordinance
The preamble rests its justification these grounds
Ii assumesas aiact that the obnoxious laws although thew
purport 10 be laws Tor raising revenue were in reality m
tended for the protection OF manufactures which purpose
asserts to be the operation of these
laws is unequal;-that the amount raised bv them 10
greater than is required by the wants of the govern
nen-and finally, that the proceeds be applied
10 OBJECTS unauthorized by the Constitution. These
are The only causes alleged TO justify open opposition
TO the laws OF the country, and threat of seeding
from the Union, attempt should be made to enforce
lhem he first virtually acknowledges that the law in
question passed under power expressly given nv The
Constitution, lay and collect mposts bI, lis consu.
onaity drawn in question from the ,notipes of those
who passed it, However apparent this purpose NAV be i'm
the present nothing be more dangerous Than IN
ADMIT me position That an unconstitutional purpose, en-
ertained by the members who assent to law enacted mn
der constitutional power shall make that law void for
now Is that purpose TO be ascertaned Who is to make
the scrutiny How often may bad purposes be falsely
hpueu--in now many cases are they concealed by false
professionalism how many is no declaration of motive
made! Admit tins doctrine and you give the States
an uncontrolled right to decide, and every law may be an
nuIed under this preex If therefore, the absurd and
dangerous doctrine should be admitted that State may
annul an unconstitutional law, that it deems such
II VIII not apply to the present
The next objection is, that the laws in question opcrae
unequay. This objection NAV be made win tr,,,,j, -,
every law that has been be passed The wisdom of
man never yet conrived system OF taxation that would
operate with perfect equality IT the unequal operation
oil law makes 1t unCOnsiilu ona ali laws of thar
description mey be abrogated by any State for that cause
then indeed is the Federal Constitution unworthy of ths
slightest effort forts preservation We have hitherto re-
he'd on 1t as the perpetual bond of Union We have
received II as the work of the assembled wisdom nj the
nation; we have trusted TO il to the sheet anchor of
our safety III the stormy times of conflict with FOREIGN mr.
domestic Zoe. We have looked with sacred awe as
the palladium OF our liberties, and with all the soemnes
OF religion have peged to each other our lives and fortunes
in lie dofan
and support Were mistaken my countrvmen in At,
chng this importance the Constitution of our conn,r,
was our devotion paid 10 the wrecbed inefficient
clumsy, conrivance which this new doctrine would
make Did we pledge ourselves TO the support of an
AIRY nohlng bubble that must be blown away by the
hrst breath of disafecion Vas this seIEdesovng VIZ
sonary theory, the wok OF the profound statesmen tho
exalted patriots TO whom the tas constitutional reform
was entrusted! Did the name OF ashnglon sanction
ana the States deliberately raiiy such anomaly in the
history OF fundamental legislation No. We were not mis-
aken fhe letter OF this great instrument is from this
radical faults its language directly conradcts te nn,a
on its sPiritis evident intent coDradcts IT, No we did
not err Our constitution does OF contain The abs,r 81
giving power to make laws and another mower TO resist
them. The sages whose memory will always be reve.
rehced' nave gwen us practical, and they hoped
permanent constitutional compact. The Father of bis
country did not aix his revered TO so paIpabe an
absIrdity Nor did the States when they severaIlv
rahtec IT, do so under the impression that a veo on
the laws of the United States was reserved TO them
or that they could exercise ii by implication Search
The debates in all their Conventions The speech
es OF he most Jealous Opposers Of Federal authoytv
ook at the amendments that pTOposed--tbev aa
III silent syllahle uttered not vote givcn No,
mo ion made to the explicit supremacy ovcn -,
the laws OF the Union those the States IN sbcv
thet implicaon az IL conte nded, could deleat No
we have not erred! The Constitution still the obiec,
at our reverence the bond OF Union our defencc i
larger The source OF our prosperity in peace II shall
descend as we have received it, uncorupted hy sophscl
construction, 10 poseTity; and sacrifices of ocaI
Interests, OF State preudces OF personal animos les that
were made TO bring into existence will again be palrio
caly offered for its support.
The two remaining objections made by tho Ordinance
10 these laws that the intended to 10 raised v
them greater than required and that the proceed
will be uncons'u'ionally employed.
The Constitution has given expressly TO Conoress bo
right OF raising revenue and of determining the s fe
public exigencies will require. The States have mo CON
troll over the exercise of this right other than that which
results from the power OF changing the Representatives
who abuse II, and thus procure redress Congress may
undoubtedly abuse this discre tOnary power but the same
may he said OF others with which they are vested Yet
the discretion must exist somewhere The Consdution
has given it to the Representatives Of all the peonJs
checked by the Representatives Of the States and by b,
Executive power The South Carolina construction pyee
to the Legislature or the Convention of single State
where neither the people Of the different States in he
separate capacity, the Chief Magistrae elected v m
people have any representation. Which is the most dis
Greet disposition OF the power do not ask You fellow ciG
zens, which IS the constitutional disposition-Iat in
slrument speaks language to be rnisundcrsood-
But ~ you were assembled in General Convention
when would you think the safest depository of Ills
discretionary power in the last RESORT Would Won
add clause giving il TO each Of the States or
would you sanction the wise provisions already made b
deliberations when providing for the future arc vo,
he IN risk all tattv hoI,t