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


any of the States, and that we should soon cease
10 be nation.
The Ordinance, with the same knowledge of the |
future that characterizes former objection, tells
you that the proceeds the tax will be unconsti-
tutonally applied. If this could be ascertaned
with certainty, ahe objection would, with more
be reserved for the law so applying the
proceeds, but surely cannot be urged against the
laws levyng the duty. .
These are the allegations contained in the Ord.
nance. Examine them seriously, my fellow citi-
zens,-judge for yourselves. appeal TO you to
determine whether they are so clear, so convinc-
ing, TO leave doubt of their correctness and
even il you should come to this conclusion, how
far they justify the reckless, destructive course,
which you are directed 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 rightfully annulled, unless it
be so framed as no law ever will or can be framed
Congress have right to pass laws for raising re-
venue, and each State have right to oppose their
execution,-two rights directly opposed TO each
other--and yet is Enthusiastically supposed to be
contained in an instrument drawn for the express
purpose of avoiding collisions between the States
and the general government by an assembly Of
the most enlightened statesmen and purest patriots
ever embodied for similar purpose.
In vain have these sages declared that Congress
shall have power to lay and collect taxes duties,
imposts, and eScises-in vain have they provided
that they shall have power to pass laws which shall
be necessary and proper to carry those powers into
execution, that those laws and that Constitution
shall be the "supreme law of the land, and that
the Judges in every State shall be bound thereby,
any thing in the Constitution or laws Of any State
to tho contrary notwithstanding" vain have
the people of the several States soemnly sanction
ed these provisions, made them their paramount
law, and individually sworn to support them when.
| ever they were called on to execute any office
Vain provisions Intellectual restrictions vile pro.
fanaton of oaths miserable mockery of legisla-
ton !-if bare majority of the voters in any one
State may, on real supposed knowledge of the
intent with which law has been passed, declare
themselves free from its operation-say here it
gives too little, there too much, and operates une.
qually-here it suffers articles TO be free that
ought to be taxed-theIe it taxes those that ought
TO be free-in this case the proceeds are intended
to be applied to purposes which we do not approve
| in that the amount raised is more than is want.
ed. Congress it is true are invested by the Con-
sitution with the right ofdecding these questions
according TO their sound discretion Congress is
composed of the representatives of all the States
and of all the people of all the States; but WE,
part Of the people Of one State, to whom the Con-
stitution has given no power on the subject, from
whom it has expressly taken il away-iDe, who
have solemnly agreed that this Constitution shall
be our aw--tDe, most of whom sworn to support il
--ipe, now abrogate this law and swear and force
others to swear, that il shall not be obeyed--And
we do this, not because Congress have no right
to pass such laws; this we do not allegc, but be.
cause they have passed them with improper views.
They are unconstitutional from the motives OF
those who passed them, which we can never with
certainty know--from their unequal operation, al
though it is impossible from the nature of things
that they should be equal--and from the DISPOSE.
ton which we presume may be made of their pro.
ceeds, although that disposition has not been de-
clared. This is the plain meaning of the Ordi.
nance in relation to laws which itabrogates for al.
legged unconstitutionality.-Bu it does not stop
there. 1t repeats, in express terms, an important
part Of the Constitution itself and of laws passed to
give 1t effect which have never been aledged to
be unconstitutional. The Constitution declares
that the Judicial powers of the United States ex-
tend TO cases arising under the laws ofthe United
States, and that such laws, the Constitution and
Treaties, shall be paramount to the State Constitu
tions and laws. The judiciary act presciibes the
mode by which the case may be brought before a
Court of the United States, by appeal when State
tribunal snail decide against this provision of the
Constitution. The Ordinance declares there shall
be no appeal-makes the State law paramount to
the Constitution and laws Of the United States
forces Judges and jurors to swear that they will
disregard their provisions and even makes il
penal in sutton TO attempt relief by appeal. II
further declares that il shall not be lawful for the
authorities of the U. States or of that Stae to en-
force the payment of duties imposed by the reyen.
ue laws within its limits.
Here is law of the United States not even pre-.
tended TO be unconstitutional repealed by the au-
thorlty OF small majority Of the voters of single
State. Here is provision of the Constitution
which is solsmnly abrogatod by the same authority.
On such expositions and reasonings the Ordi-
nance grounds not only an assertion of the right to
annul the laws of which it complains, but enforce
1t by threat of seeding from the Union if any
attempt is made to execute them.
This right to secede is deduced fiom the nature
OF the Constitution, which they say is a compact
between sovereign States, who have preserved
their whole sovereignty, and therefore are subject
to no superior: that because they made the com.
pact, they can break it, when, in their opinion, il
has been Departed from by the other States. Fal-
lacious as this course of reasoning is, it cnlists
State pride and finds advocates in the honest pre-
JUDGES of those who have not studied the nature