Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1832-12-20
the proceeds will be unconstitutionally
employed.
The Constitution has given expressly

,
and OF determining the sum the public
exisencics will require. The States
have no control over the exercise of this
righl, other than that which results from
the power of changing the Representa-
ltivcs who abuse it,, and thus procure re-
dress. Congress may undoubtedly abuse
this discretionary power, but the same
may be said of others with which they
are vested Yet the discretion must ex-
list some where. The Constitution has
given it to the Representatives Of all the
people checked by the Representatives
OF the States, and by the Executive pow
cr. The South Carolina construction
gives it 10 the Legislature or the Con-
vention of single State, where neither
the people ofihe different States, nor the
=" state: in their separate capacity, nor the
Chief Magistrate elected by the people
have any representation. Which is the
most discreet disposition of the power:,
l do not ask you, lellow-ctizcns, which
is the constitutional disposion-that in
strument speaks language not TO be
misunderstood. But if you were assem-
blcd in general convention, which would
you think the safest depository of this
discretionary power in the last resor'-I
Would you add a clause giving it to
each of the States, or would you sanction
the wise provisions already made by your
4 Constitution. If this should be the re-
suit of your dclib erations when providing
for the future, are you, can you be ready
to risk all that We hold dear, to establish,
for temporary and local purpose, that
which you must acknowledge to be de-
structive and even absurd as general
provision' Garry out the consequences
Of this right vested in the different States,
and you must perceive that the crisis
your conduct presents at this day would
rccur whenever any law Of the United
States displeased any Of the States, and
I that we should soon cease TO be nation
! The Ordinance, with the same know
ledge Of the future that characteristics a
fovmcr objection, tells you that the pro-
G eds Of the tax will be unconstitutional
! ly applied If this could be ascertained
with cenainty, the objection would, with
more propriety be reserved for the law
so applying the proceeds, but surely can
not be urged against the laws levyiBg the
duty.
\ These are the allegations contained in
/ the Ordnance. Examine them serious
| ly, my iellow-citizens-judge for your
selves. ] appeal to you to determine
whether they are so clear, so convincing,
as to leave no doubt Of their correctness;
and even if you should come to this con-
clusion, how far they justify the reckless,
destructive course which you arc direct
cd to pursue. Review these objections,
and the conclusions drawn from them
once more. What are they: Every
law then for raising revenue according
TO the South Carolina Ordinance, may
be rightlully annulled, unless it be SO
framed as no law ever will or can be
framed. Congress have right to pass
laws for raising revenue, and each State
have right to oppose iheir execution
: two rights directly opposed to each other
| and yet is this absurdity supposed TO
| be contained IN an instrument drawn for
the express purpose Of avoiding collisions
between the States and the general gov
crnment, by all assembly Of the most en-
lightcned statesmen and purest patriots
ever embodied for a similar purpose.
i In vain have these sages declared
that Congress shall have power to lay &
collect taxes, duties, imposts, and excis
es-in vain have they provided that they
shall have power to pass laws which shall
be nece ssary and proper to carry those
powers in:o execution, that those laws
4 Al, ch,t hn
! prcme law Of the land, and that the Judg-
es in every State shall be bound thereby,
any thing in the Constitution or laws Of
any State to the contrary, notwthstand-
ing. I'm vain have the people of the
several States solemnly sanctioned these
provisions, made them their paramount
law, and individually sworn to support
them whenever they were called on to
execute any Office. Vain provisions =
Intellectual restrictions! vile PROCLAMATION
/ of oaths miserable mockery Of leglsla-
tion!-if bare majority of the voters in
any one State may, OH a real or supPos-
cd knowledge Of the intent with which a
law has been passed, declare themselves
| free from its operation-say here It gives
too little, there too much, and operates
unequally--he it suffers articles to be
free that ought to be taxed--there it tax
es those that ought TO be free--in this
! case the proceeds are intended TO be ap-
piled to purposes which we do not ap-
proye--in that the amount raised is more
than is wanted. Congress it is true are
invested by the Constitution with the
right of deciding these questions accord
II inc to their sound discretion Congress is
composed Of the representatives of all