Delaware gazette and American watchman. [volume] (Wilmington, Del.) 1828-1837, 1832-12-14

n
: check against the abuse Of this power, it may be
asked why it is not deemed sufficient guard a.
gainst the passage of an unconstitutional Act by
Congress. There is, however, restraint in this
last case, which makes the assumed power of
State more indefensbe, and does not exist in tine
other. There two appeals from an unconsti-
tutional Act passed by Congress-one TO the Jud- |
icary, the 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
closed against application to review il, both
judges and jurors being sworn to decide in its favor
But reasoning on this subject is superf1uous when
oul social compact in express terms declares, that
the laws of the United States, its Constitution
and treaties made under it, are the supreme law
of the land-and for greater caution adds, " That
the Judges in every State shall be bound thereby,
any thing in the Constitution or laws of any State
10 the contrary Notwithstanding" And it may be
asserted without fear Of reutation. that Fedora
tive Government could exist without similar pro-
vision. Look for moment to the consequence.
II South Carolina considers the revenue aws'un-
constitutional, and has right to prevent their ex-
-IenE1on in the port of Charleston there would be
clear constitutional objection TO their collection in
every other port, and no revenue could be collect
ed any who're; for all imposts must be equal. II
lis no answer TO repeat, that, an unconstitutional
law is no law, so long the question ofits legali
ty.is 10 be decided by the State itself; for every
law operating iniuriously upon any local interest
will be perhaps thought, and certainly represented
as Unconstitutional, and, as has been shown, there
is no appeal
Ii this doctrine had been established at an earlier
day, the Union would have been Dissolved in its
infancy. The excise law in Pennsylvania, the
embargo and non.nterconrse law in the Eastern
States, the carriage tax in Virginia, all deemed
unconstitutional and were more unequal in their
operation than any of the laws now complained Of
but fortunately of those States discovered that
they had the right now claimed by South Carolina.
The war into which we were forced, 10 support
the dignity Of the nation and rights Of citizens,
might have ended in defeat and disgrace instead of
victory and honor, if the States who supposed 1t a
ruinous and unconstitutional measure bad thought
they possessed the right of multiplying the act by
which il was declared and denying supplies for its
prosecution. Hardly and unequally as those mea-
sures bore upon several members of the Union, TO
the Legislatures of none did this efficient and
peaceabe remedy, as it is called, suggest itself.
The discovery of this important feature in our
Constitution was reserved TO the present day. To
the statesmen of South Carolina belongs the nven.
lion, and upon the citizens of that State will I'M
fortunately fall the evils Of reducing it to practice
If the doctrine of State veto upon the laws of
the Union carries with it internal evidence of its
impracticable absurdty, our constitutional history
VIII also afford abundant proof that il would have
been repudiated with Indignation had it been pro.
posed to form feature in ouI Government.
IN ouS colonial satRt although depanJent 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 of Independence VIC were
known in our aggregate character as the United
Colonies of America. That decisive and impor-
tant step was taken jointly. We declare ourselves
a nation by joint, not by several acts, and when
the terms aOf our confederation we've reduced to
form, il was in that of a solemn League of several
Sfafo hxt hab thae2
lectiyey form one nation for the purpose of con-
ducting some certain domestic concerns and all
foreign relations. In the instrument forming that
union is found an aticlewhchd declares that, tevery
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 annual decision Of the Congress, or re-.
fuse TO submit TO its execution but no provision
was made 10 enforce these decisions Congress
made roquistion but they were not complied with.
The Government could not operate on individuals.
They had no Judiciary, no means of collecting re-
venue.
But the defects of the confederation need not be
detailed. Under its operation we could scarcely
be called nation. We had neither prosperity at
home nor consideration abroad This state of
things could not be endured, and our present hap
py Constitution was formed hut formed in vain il
this fatal doctrine prevails II formed for i'm.
iidt are dtlnuuuCeu III tne preamble
made in the and by the authority of the peo.
pie OF the U. States, whose delegates framed, and
whose conventions approved it. The most import.
ant among those objects, that which placed first in
rank, on which all the others rest, is "to form a
more perfect Union" Now, is it possible that
even II there were no express provision irving an,
premacy to the Constitution and laws OF the United
States over those of the States-can il be conceiv-
ed that an instrument made for the purpose Of
forming more perfect Union" than that Of the
confederation, could be so constructed by the as.
sembled wisdom of our country as to substitute for
that confederation form Of government dependent
for its existence on the local interest, the party
spirit of State, or of prevailing faction in STATED
Every mao of plain, unsophisticated understand
ing, who hears the question: will give such an ans
as will preserve the Observation-Disclosures
subtlety, in pursuit of impracticable theory
could alone have devised one that is calculated "a
destroy it,
I consider then the mower In nnnul N low Of .hc