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

other to the People, and the States. There
is no appeal from the State decision in
theory, and the practical illustration shows
that the courts are closed against an ap-
plication to review it, but is judges and
jurors being sworn to decide in its lavor.--
But reasoning on this subject is superfuous
when our social compact in express terms
declares, that the laws ofthe u. \. Const.
tuition and treaties made under il, are the
supreme law Of the land--and for create
caution adds," that the judges in ever,
State shall be bound thereby, any thing in
the Constitution or laws Of any State to the
contrary Notwithstanding And II may
be asserted without fear of refutation, that
no Federative Government could exist
without similar provision. Look for
moment to the consequence. IL South
Carolina considers the revenue laws un-
constitional, and has a right to prevent
their execution in the port of Charleston,
there would be clear constitutional objec-
ton to their collection III every other port,
and no revenue could be collected any where
FOR all imposts must be equal, Y is no an
swer to repeat, that an unconstitutional law
is no law, so long as the question of its
legality is to be decided by the State itself;
for every law operating injuriously upon
any local. interest will be perhaps thought,
and certainly represented, as unconstitu.
tional, and, as has been shown, there is no
appeal
ifthis doctrine had been ostu blished at
an earlier day, the Union would have been
dissolved in its infancy. The excise law in
Pennsylvania, the embargo and non-inter-
course law in the Eastern States, the car
riage tax in Virginia, were all deemed un-
constitutional and were moro unequal in
their operation than any of the laws now
complained of; but fortunately none OF those
States discovered that they bad the right
now claimed by South Carolina. The war
into which we were forced, to support the
dignity of the nation and the rights of our
citizens, might have ended in defeat and
disgrace inst tead of victory and honor, il the
States who supposed it ruinous and un-
constitutional measure had thought they
possessed the right of nullifying the act by
which it was declared and denying supplies
for it's prosecution. Hardly and unequay
as those measures bore upon several men,
bers ofthe Union, to the Legislatures of
none did this efficient and peaceable remedy
Us it is called, suggest irseK Tho d,s-
covery 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
the citizens of that State will unfortunately
fall the eyils Of reducing it to practice.
II the doctrine ofa State veto upon the
laws of the Union carries with il internal
evidence fits impracticable absurdity, our
constitutional history will also afford abun-
dant proof that it would have been reputlia-
ted with indignation had it been proposed 10
form feature in our Government.
In our Colonial state. although dcpenden,
on another power, we very early considered
ourselves as connected by common interest
with each other. Leagues were formed for
common defence, and before the Declaration
oflndependence OF we were known in our ap-
gregate character As TBE UNITED coLoSIks
OF AMERICA. That decisive and important
step was taken jointly. We declared our
selves nation by joint, not by several
acts, and when the terms Of our confedera.
ton were reduced to form, il was in that Of
solemn league ofseveral States, by which
they agreed that they would collectively
form one nation for the purpose Of conduct
ing some certain domestic concerns, and all
foreign relations. In the instrument FORM
ing that union is found an article which dc.
clares that "every State shall abide by the
determinations Of Congress on oil questions
which by that confederation should be sub
nitted TO them"
Under the confederation then, no State
could legally annul decision of the Con-
gress, or refuse TO submit to its execution (;
but no provision was made TO enforce these
decisions. Congress made requistions but
they were not complied with. The CO.
vernment could not operate on individuals
They had no Judiciary no means of collect
ing revenue.
But the defects Of the confederation need
not be detailed. Under its operation we
could scarcely be call d a nation We had
neither prosperity at home nor consideration
abroad. This state of things could not be
endured, and our present happy Constitution
was formed, but formed in vain. II this fatal
doctrine prevails. II was formed for I'M
portant objects that are announced IN the
preamble made in the name and by the au- |
thority of the people Of the U. y. whose
delegates framed, and whose conventions |
approved n. The most important among |
these objects, that which is first placed in
rank, on which all the others rest, Is to
form a more perfect Union" Now is II pos
sible that even IL there were no express pro-
vision giving supremacy 10 the Constitution
and laws oftho United States over those Of
the States--csn il be conceived, that an in
strumcnt made for the purpose Of " forming
a more perfect Union," than tn at of the
Confederation, could be so construed by the
assembled wisdom ofour country as to sub
stitute for that confederation a form Of 20
vernment dependent for its existence on the
local interest, the party spirit OF State, or
of a prevailing faction in a State i--Every
man ofplain, ,unsophisticated understanding,
who hears the question. will give such On
answer as will preserve the Union. Meta
physical subtle,y, in pursuit Of an impracti-
that is calculated to destroy It.