Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1832-12-20

assertc,: without fear Of rrfitation, that pore-
derative Government could exist without n
similar provision. Look for nome n, 10 the
consequence u South Carolina considers
The revenue laws Unconstitutional, and has
right to prevent heir execution in Tho port
Of Charleston, there would be clear consti-
tutional objection To their collecti i'm every
other port, and no revenue could he collect
cd any where; for all imposts must be equal.
~ i no answer to repeat, that an unc onstitu-
tiohal law r no law, SO long rs the question
of its legality is Co be decided by the state it.
self; for every Law operating iniuriousIy up
on any local interest will be perhaps thought,
ard certainly represented, rs unconstituiion-
al, aud, rs has been shown, there is no APP
peal.
| II this doctrine had been established at an
earlier day, the Union would have been dis
solved in its infancy. Ike excise law in
pennsylvania, the embargo aud nor,-inter-
course law an the Eastern States, the carriage
tax m virginia, were all deemed unconstitt-
honal,& were more unequal in their operation
than any OF the laws now complained OF; but
fortunately none Of those States discovered
that they had the right now claimed BY South
Carolina. The war into which We were fore
cd, Ga support the dignity Of the nation and
the rights oi our citizens, might have ended
IN defeat and disgrace instead Of victory and
honor, il the states who supposed il a ruinous
and unconstitutional measure, had thought
they possessed the ri ,ht OF multiplying tho act
j by which IL was declared and denying sup
(, plies for IFS prosecution. Hardly aud un-
equally as those measures bore upon several
mcnbcrs of the Union, TO the Legislatures Of
none did this efficient and peaceabic remedy,
as II Is called, suggest itself. The discovery
OF this important feature in our Constitution
was reserved TO the present day. To some
OF the statesmen Of South Carolina belongs
the invention, and upon tho citizens OF that
state will unfortunately fall the evils of re-
ducing it 10 practice.
IL the doctrine of state veto upon the
laws OF the Union carries with IL internal evil
dence Of its impracticable absurlity, our con-
stituiional history will also afford abundant
PROOF that il would have been repud,ated
1 with indignation had il been proposed to form
a feature in our Government.
la our colonial state, although dcpenden,
on another power, We very carly cons ide rcd
ourselves n connected by common interest
with each other. Leagues were formed for
common defence, and before the Declaration
Of Independence we were known in our az
grcgatc character as the United Coi0,.ies Of
.1meriea. That decisive and important ste o
was taken jointly. We declared ourselves n
nation by joint. not by several acts, and
when The terms of our confederation were re-
duced 10 form, Il was in that or solemn
league Of several states, by which they agreed
that they would collectively form one nation
FOR the purpose Of conducting some certain
domestic concerns and all foreign relations.
In the instrument forming that union, is found
an article which declares that, "evcry state
shall abide by the determinations of Congress
on all questions which by that confederation
should be submitted to them"
Under the confederation then, no state could
legally annul decision Of the Congress, or
refuse to submit 10 its execution bee no prs
vision was made TO enforce these decisions
Congress made acquisitions, but they were
T not complied with. The Government could
not operate on individuals. They had no Ju-
dietary, no means Of collecting revenue
a But the defects Of the confederation need
, not DO detailed. Under its operation we
could scarcely be called q nation. We had
neither prosperity at home nor consideration
abroad This state Of things could not he en-
durcd, and orr present happy Constitution
was formed, bat formed in vain, ii this fatal
doctrine prevails. IL was formed for impor-
tant obj cts that arc announced in the pre- am
bic made In the name and by the authority OF
the people Of the United States, whose dele.
gates framed, and whose conventions a,proy.
cd It. The most important among the,, oh.
! Jects, that which j. placed first IN rank. or
which all the others rest, Is, 10 form mere
j perfect UnioS." Now, is il possible that even
u there were no express provision giving ST.
premacy To the Constitution and la,~s of the
. United States over those Of the states--cap Il
be conceived, that an instrument made for
The purpose Of % forming more perfect JmioE, >
, than that OF the confederation, could be 50
, constructed by the assembled wisdom Of gu,
country as To substitute for that cOnfcdcra
, ton a form of government dependent Tor IT.
existence on the local interest, the party spi.
I rat of state, or OF prevailing faction 10
state Every man OF plain, unsOphisticatcc
understanding, who hears the question, will
give such an answer as will preserve the l.
Mon. Metaphysical subtiel,, ia pursuit @,
an impraciIcable theory, could alone have
I devised ono that rs calculated 10 DESTROY H.
n consider then the power 10 annul n law oi
the United States, assumed by one state, in-
compatible irih the sEideneS ~ The Union, ron.
iTaticf'd expressly ~ dhe fsisr ~ ice Collsfiir-
iioa, unauthorized By ~ spiri ineon,iasnf rri,l
, erery Priai9is rhicA Il iras founded, aud DE-
o ,irueiirt 81 tie great otJset for ,chich-h pa
Jorrisd
After this general view Of the leading prin.
: ciple. We must examine the particular arpli
4 cation 81 II which u made IN the Ordinance.
) The pr ambie rests it, justiiic alton on thcs,
Z grounds 1T assumes a. a fact that the nb
Q noNious laws, although they purport Ia b,
g laws fer raising revenue, were ga TcShty in
+ tended for the protection Of manufactures
= which purpose II asserts g. be unconsutuiion
a al that the operation 81 these laws il un
70 equal that the amount raised by theta 4
q greater than o. required by tie wants Of a.,
y Government; and, finally, that tic proceed
!. are 90 be- applied 20 objects unauthorized b,
n the Constitution. These are the only cause
q alleged e. justify an open opposition 10 th,
e laws OF the couutry, aud threat of secedinI
y from tho Union, u any attempt should b.
% made 10 enforce them. The frat viru-ll
i Acknowledge that the law IN question: v !,
e passed under power expressly given BY tlf
= Constitution, 10 LAY and collect rnp0.ts bu
" It, constilnII1nalIty D drawn In question: lros