Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1832-12-29


point that can arise in this Il whetner' I'd TUG
r .Jeral Government, or any department theree,'
has been exclusively reserved me i'S"' !" oe
authoritativsly for the STATES. TINS ques""aa "
coustitutional,ty. II this he So 10 ~"ic" y,
aa,aytn.ots il NAV be asked, u this risnt VI L
nal judgment gwen? Iii be to Congress- II su''
univ elevated abave the other departments Vi ."e
Fedora, Government, but II IS put ABOVE 'ne
Constitution Itself This. however, tue rres,'
| dent himself has publicly and s"'emh'y "ea'ea'
.Ia,,,nu and exercising as Is known TO Az Inc |
Ill tho riuht 70 refuse To execute acts OF Con
qress and solemn treaties, even after 'hef hau
ETeceiyed the sanction Of every department OF Inc
Federal Government
That the Executive possesses this tight OF de-
Gliding, finally and exclusively, as t" The vail
dity of acts uf Congress. will hardly be pretend
ed; and that il belongs TO the Juuic'ary' eHceP'
so far as NAV be necessary to the decision OF 'he
n,..,;ons which NAV incidentally come before
,ham in :. cases of law and equity" has been
! denied by none more strongly than the President
h;m.eu who, on memorable occasion, refused
| to AZ knowledge the binding authority OF thr re-
deral Court, and claimed for himsef an" mas eS-
ercised the right OF enforcing the laws moi ac'
c,rd;,, IN their Judgment. but "his own under.
standing of them - And vet. when 1t serves
the nurnose Of bringing odlum upon South Caro-
Hesitation in regarding the attempt OF STATE to
rs.,.e herself frcm the control of the Federal
Judiciary. in a matter affecting her sovereign
r;.h,s. a. a violation of the Constitution.
| II - uunecessar, To enter into an elaborate eS-
.m,n,,ion Of the subject. |. surely cannot adj
NIT of doubt. that by the Declaration "' inhe'
,endence, the several colonies became Tree,
snve,e ign, and independent S'ates:' anu our Po
h,ica history will abundantly show, that AZ eve
nv subsequent change OF their condition, up 10
the formation of our present Constitution. the
S,s,,s preserved their sovereignty. The disco
very nj fins new feature in our system. that the
STATES exist only a, members ct the Union; that
b,fure the declaration Ut independence, We were
knowu Only as "Unittd Colonies; and that,
even under the articles ut confederation, the
State, were considered as forming. ''c"llecti'e-
-lIy OWE N,IoS." without anv right Of refusing
10 submit TO "anv decision OF Congress. wa>
reserved to the President aud his imme haze nre
decessoy. To the latter "belongs the inrent,'n.
and upon the for mer will unfortunately TALL Inc
evils of reducing it t" practice"
South Carolina tO!ds the principles nov pro-
mulpar.d by the President las they must al says
b. held by all who claim to b. supporters ut the
riuh,s of the Statcsj LAS cOnra'lictcd bv the let
TAR oi the con ,tiu,ion horned by lis spl-
inconsistent with every principle Oh Which 1t
va. Observation-Disclosures OF all the Ohlec's Tor
(which Il wa, fraued''-utterly Incompatible with
the ,ery existence OF. the States-and absolutely
s,,ai to the rights and liberties OF III" people.
Sou,h Carolina has 80 soirmnlN AMI repeatedly
vrrcs.rd 10 CONGRESS and the world the pr,nci-
,l.s which s,e believes 10 constitute the very
nj lars Of the Constitution, that II u deemr" un-
necessary to do more n tins time. than barely
IN nre,.nt A summary Of those great fundament3l
which fl4e resIructo vi the liner.
ties Of the people and Of the Union Itself. S
Ca,oliua has never claimed "a, Is asserted by the
| Prrsdent the night oi repeating at pleasure. all
the rereuts Laos Of the Union," much tess the
right of :. reps ans the Constitution itself. and
, laws passed 10 give 1t effect which have never
bee,. alleged 10 he uaConsiiiuiondI.' She claims
ONLY the right to Judge Of ntrac'ions Of the Con
s,,tutinnai compact. in violation of the reserved
rights OF the State, and of arresing the progress
of usurpaun within her own limits, and when.
as in the tariff. of 1928. and 1882, revenue and
prnte ctiOu-cOus tltuu0nal and unconstitutional
obj, Is. have been mixed up together. that il Is
found impossible to draw the line ut disCrimina-
ton she has no alternative, but To consider the
whole as a sys'eW, unconstitutional IN its charac-
ter. and to leave it to Those who have woven the
web. to unravel the threads"
South Carolina insists, and she appeals to the
whole political nS'Ory O our country. 10 support
Of her position ''that the Consntu ion of the
United States is compact between sovereign
States-that it creates a sonfrLerated republic.
not having single feature Of nationality in Its
oundltlon-that the people of the several States
as distinct political communities ratified the Con.
StItuunn. ca h State acting tor itself. and bind
ing IT'S own CitiYens. ana not those of any other
State. the ac OF raui alton declaring il To be
binding on the States 50 ra,iyng-the States are
its authors, their power created it-their voice
clothed |; with authOrtv--,he government which
it formed, is composed of their agents. and the
Union Of which 1t Is the bond is a Union of States
and not OF Northumberland as re .ards the fonn.
dalton and extent OF ITS power, the government
of the United States is strictly what its name
implies. Federal Gwernment-that the States
are as sovereign now as they we're prior to the
entering into the compact-that the Federal Con
s,tuuon is a confederation in the nature Of trea-
tv--or an alliance bv which so manv sovereign
States agreed to exercise their sovereign powers
,s.,ff,