Vandalia Whig and Illinois intelligencer. [volume] (Vandalia, Ill.) 1832-183?, 1832-12-26

were proposed. lhey arc all sIent-not syllable
uttered not vote glven not motion made to cor
rect the explicit supremacy given the laws of the
Union over those of the Staes-or to show that i'm
pcation, as is now contended could defeat it. No,
we have not erred The Constitution is still the OBJ
Ject of our reverence, the bond of Union our de-
fence IN danger, the of prosperity peace
shall descend, have received it, uncorrupted
10y sophstica construction, to posery; and the
sacrces OF local interest, of State prejudices, OF
personal anmosites, that made to bring it into
existence, will again be periodically offered for its
support.
~ The two remaining objections made by the Ordl-
nance to these laws are, that the intended to be
raised by them are greater than required and that
the proceeds Will be unconstitutonally employed.-
The Constitution has given expressly to Congress the
right OF raising revenue, and of determining the sum
the public exigencies will require. The States have
no control over the exercise of this right, other than
that which results from the power of changing the
Representatives who abuse it, and thus procure redress
Congress may undoubtedly abuse this discretionary
power but the may be said of others with which
they vested Yet the discretion must exist some
where. The Constitution has given it to the Repre-
sentatves of all the People, checked by the represen-
tatves OF the states, and by the Executive power.
The s. T. construction gives ii TO the Legislature or
Convention of single State, where neither the peo-
pie OF the different States the state in their sep-
rate capacity, the Chief Magistrate elected BY
the people, have any representation Which is the
most discreet disposition of the power? | do not ask
you, fellow citizens, which sthe Constitutional dispo-
sltion--that instrument speaks language not to be
misunderstood. But if You we're assembled in gene
raj convention which would you think the safest de-
pository for this discretionary power the last resort
Would you add clause giving to each of the States,
or would you sanction the wise provisions already
made by your Constitution! If this should be the
result OF your deliberations when providing for the
future, are you, can you--be ready to risk all tina
we hold dear, to establish for TEMPORARY and local
purpose, that which you must acknowledge to be
destructive and even absurd as general provision
10 nenffb -
different States, and you must perceive that the crisis
lyour conduct presents at this day would recur when
ever any law of the United States dspeased any of
the States, AMI that should soon cease to be ma
ton.
i The Ordinance, with the same knowledge of the
future that chtracterizes former objection tells YOU
that the proceeds of the tax will be unconsttution
Tally applied If this could be ascertained with GER
talnty the OBJECTION would with propriety, be
reserved for The law SO applying the proceeds but
surely cannot be urged against the laws levying the
duty.
i These are the allegations contained in the Ordi
nance. Examnt them seriously, my fellow citizens
Judge for yourselves. appeal to you to determine
whether they 10 clear, convincing as to leave
no doubt of their c,rrectness and even YOU should
come to this conclusion, how far they Justify the
reckless, destructive course, which you directed
Il to pursue. Review these objections and the concu.
SONS drawn from them once more. What are thew
Every law, them oIraising revenue according to the
South Carolina Ordnance, may be rightfully annul-
led, unless it be famed as no law ever will or can
he framed. Congrss have right to pass laws for
raising revenue, AID each State has right to oppose
their eXecutiontwo rights directly opposed to each
other; and vet tbs absurdty supposed to be con-
tanned in an Instrument drawn for the express pur-
pose of avoiding collisions between the States and the
General Government, by assembly of the most
enlightened statesmen and purest patriots ever embo
g died for simiAr purpose
y In vain haze these sagcs declared that CONGRESS
shall have lower to lay and collect taxes, duties
impots, ad eXcise-lD VAN have they provided that
they shay have power to pass laws which shall be
Necessary and proper to carry those powers into exc
cutioy; that those laws and that Constitution shall
be tie "supreme law of the land and that the iudg-
es1n every state shall be bound thereby, any thing
i'm the Constitution laws of any State to the con-
trary Notwithstanding" In VAIN have the people of
the several States solemnly sanctioned these provis
IONS, made them their paramount law and indiyidu-
ally sworn to support them whenever they were call
ell on to execute any Office. Vain provisions. ipeffec-
tual restrctons vile PROCLAMATION of oaths! misera-
bic mockery of legisation If bare majority of
the voters in any one State may, real or suppos-
ed knowledge of the intent with which a law has
been passed, declare themselves free from its ooera.
tion-say here it gives too ttle there too much and
operates unequaly-hcre suffers articles TO be fire.
that ought to be taxed there it taxes those that
ought to be freein this the proceeds are intend
ell to be applied to purposes which do not approve
IN that the amount raised is than is wanted-|
Congress, it is true, invested by the Constitutions
with the right of deciding these questions according
to their sound discretion. Congress is composed Of
the Representatives all the States and all the peo
pie of the Staes but WE part of the people of one
State, to whom the Constitution has given no power
on the subject from whom it has expressly taken il
away; ace, who have solemnly agreed that this Con-
stltution shall be our law-we, most of whom have
sworn to support it-ue now abrogate this law, and
swear and force Others to swear that shall not be
lobeyed-and we do this not because Congress have
no right to pass snch lawsuits we do not alege but
because they have passed them with improper views
They unconstitutional from the motives of those
who passed them, which we never with certainty
know, from their unequal operation, although it is
impossible from the nature of things that they should
be equal-and from the disposition which we presume
may be made of their proceeds, although that tispo-
siton has not been declared. This is the plain mean
ing of the ordinance in relation to laws which it alb
rogates for alleged uncons6tutionalty But it does
not stop there 1t repeals in express terms, an i'm
portant part of the constitution ITSELF and of laws
passed to give it effect which have never been ALE
ged to be unconstitutional The constitution de-
clares that the judicial powers of the United States
extend to arising under the laws of the Unit
ed States. and that such laws the constitution and
treaties, shall be paramount to the state constitution
and laws.
i The judiciary act prescrbes the mode by which the
case may he brought before court ofhe U. States by
APPEAL when state tribunal shall decide against this
provision of the constitution The Ordinance de-
clares there shall be appeal makes the state law
paramount to the constitution of the United States
forces judges and jurors to they will disregard
its provisions; and makes it penal in sutton to
attempt relief by appeal. 1t further declares that it
shall not be lawful for the authorities of the United
States, of that state to enforce the payment of
duties imposed by the revenue laws within its limits
u Here is law of the United States, not even pre-
tended to be unconstitutional repealed by the an