Southern planter., 1832-12-29

...INH
,e. l,,u '"onv'auaily sworn to support ibem 49, In.
Z they IRE called on 10 execute anv o,Hea ,r''m
, visions Intellectual restriciionsi III" 'ann IVY
oatls! miserable mockery of eoisl,,,l 'aaatqI \.
majority Of the voters in npy ono So na iN's
real or supposed knowledge octbein,o !" y, 81 ',.
IA Jaw mas been pass'd, declare ilcns,I,, = w. I'm
us opeai on-say bcre It gives t,o LtJ ~ III
u,uci' ahu operates unequaly--hele II sr 81 I, y,
cles 10 be free that ought TO be taxed "a n.
nose that ought TO be free--in this casa. 49,
ceeos are intended to be applied 10 p,.rn. ~e ~,
we 90 not approve; IN that the amonn, ~. NaI vi
"ahlea' Congress, II Is tue, are inyos,. 1 ~ an
Consli'u"on' with The right of dccdino tboSl Y.
lions according To their sound di.c,.. Use qu4 q,
gress Is composed of the Represen,.,'e'u, ~ ~,
States and all the people of the S,.,ae' mal 10 y .
pari OF TIE people ofone State, to VII. uu' w ss
su'utnn mas given no power on thc s,t: Nv zap VI
whom y nas expressly taken II away. ,re - ,f u sc
solemnly agreed that TINS Constitni;o@, 80, wac ho elt
law-lre, most Of whom have sworn ~ a''''' be
iCc' now abrogate this law, and swear ~
thers TO swear, that II shall NOT be obeyod 'olce
40 'ni' not because Congress have no roh, ". n I'm
such aws--thIs we do not aepe bul beoaa ..,Ou
have passed them with improper vie,ys ''u'e IN,
They are unconstitutional from w.
those who passed them, winch we oa ,.o uloH'o ~"
certainty know, from their upeon.l ne.e' ws
though is impossible from the na,n,o IL,
lhat 'hey should be equal--and from ,Lo ,, n ,yo,
uon "hGn we presume may be made of ,ba,. I,ser,
olouS, alulough that disposition has not Ls. fse
e'atu. nus Is the plain meaninpof The o,d,a. orr
nrelaon TO laws which il abropa,es for ILL., n, \
consG'ulonaliiy. But it does not ston ,bers N root
repeals, M express terms, Important par ofaIhn
constitution ilseH and of laws passed 10 gve ~ lhe
iec winch have never been alleged to be nncona .he
tuilonal. The constitution declares that ibe ~ IN Il,
cal powers ofthe United States extended 10 - ico
arising under the laws of the U. States, and nlot
SUE" 'p"s' Tue constitution and treaties, shall Is W
paramount TO the State constitution and laws I.,Diy
The judiciary act prescribes the mode bv whsd .hs
the case may be brought before the court oftI Inc
united states by appeal, when State tribunal shs h
decide against this provision of the cons,u,. asli
me Ordinance declares there shall be no anoe.i 10
makes The State law paramount TO the cons,ipoe
OF the United States; forces judgeshnd jurors n eei
swear they will disregard lis provisions: and ,o(
penal IN asultor TO attempt relief by appeals Ire
further declares that il shall not be lawful for AL T
authorities oflhe United States, or of that State. hi
enforce The payment Ofdutes imposed by the res awe
nue. laws within its limits. ree-
Here is law of the United States mot evon ,. r0s
tended to be unconstitutional, repealed by the al. sof
thorty of small majority of the voters of snas ne
state. Here Is provision of the constulhnI, ,-ihe
winch IS solemnly abrogaled by the same auihory m
On such exPosliions and reasonings, the OrtiInnar
nance grounds not only assertion of the rqhf fn,
annul the laws of which it complains, but 10 anna
force II by threat seeding from the Union, H m :
attempt made 70 execute them. -
This right to seced is declared from the nauet u,,
the constitution, which, they say is compac n .ben
tween the sovereign states, who have presened ser,
thelr whole sovereignty, and therefore, subject cn
TO no superior; that because they made the compact e
bFnaE ~ pnat IN, s,,.r sh.
departed from bv the other States Fallacous a -,
ihis course rasoning Is, il enlisis state pnia =. +
ana hnds adpOoafaa- IN the honest pTeudict8 M '. \
those who have not studied tho nature nf our ~ |s
eminent sufficiently TO see the radical error ,al~
which 1t rests. ;.
The people of the United States form the cons .,.
lnlon aclng throughthe State Legislatures in ms el
ing the compact 10 meet and discuss its proysom sl
and acting IN separate conventions when they rad A,
he'd these provisions: but the terms used in It's COZ n
5trucilon, show II to be government in which l III,
VI All le states collectively are rePTesen vr
We are one people in the choice of the Presdcl sd
and Vice President Here the States havc no M,
Iher agency than to direct the mode in which te N, I
s'aies shall be given. The candidates having N l,s
majority ofall the votes, are chosen The eeclor d NJ
majority OF states may have given their vote orone
Candidate and yet another may be chosen.-Ih y, n
people heh, and not the states, are represented Ne
-ut LiAtCuuRe branch.
10 the house Of representatives, there is this d ,ns
ance, that the people oftho State do not as in the ~
case OF President aud Vice President, all vote ol &
he same officers. The people of all the Salesde mnl
not vote for all the members each State eleeliqg ud,
lnly ITS own representatives But this creates 10 uu
material distinction. When chosen, they are al osAe
ofthe United States, not repesen hw
ailves Of the particular State from which ihe ma,
;ome. They are paid by the United States, nd ldsb
y The State, nor are they accountable TO for anI %
lct done in the performance of their legisladN 6smr
unctloni and however they may, in practices as i tam
their duty todo, consult and prefer the iaieresb u
d Their particular constituents when they come MSa,
conflict with any other partial or local interest," yd pg
IS their first and highest duty as representatives. hui
he United States, TO promote the general good. joe Sa
The Constitution Of the United States then, n om
orms government, not league; and whelheri imA
e formed by compact between the States or in any na
'her manner, its character is the same Il poduc
oVernment IN which all the people are rePlescp' ai
a. a. which operates directly on the people ndvdu Sgs
Y. "a Unra NlD ~ II Nkntu uNfra Tia