Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1832-12-20

purest patriots ever embodied for a similar
purpose.
In vain have these sag-s declared that Con-
grcss shall have power To lay and collect tax
es, duties, imposts, and cxcises-ia vain have
they provided that they shall have power 10
pass laws which shall be necessary aud proper
To carry those powers into execution that
those laws and that Constitution shall be the
" supreme 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 notwithstanding" in vain
have the people of the several states solemn
sanctioned these provisions, made them
their paramount law, and individually sworn
tn support them whenever they we're called
on TO execute any Office. Vain provisions
Intellectual restrictions! vile PROCLAMATION OF
oaths' miserable mockcry OF legislation. II
bare majority OF the voters in anv one state
may, on real or supposed knowledge Of the
intent with which Law has been passed, de-
clare themselves free from its opcraiion-say
here II gives too little, there too much, and.
operates unequally-here it suffers articles to
DC free that ought to be taxed. there IL taxes
those that ought 10 be frec-in this case the
proceeds arc intended 10 be applied 10 pur-
poses which we do not approve, the
amount raised is more than IL wanted. Con.
gress, II Is true, are invested by the Constitu-
ton with the right Of deciding these qucs-
tons according To their sound discretion
Congress IL composed of the Representatives
OF all the states, and of all the people Of ali
states; but VIZ, part Of tho people of one
state, to whom the Constitution has given no
power on the subject, from whom il ha, ex.
pressly taken il away-,ce, Who have solemn.
ly agreed that the Constitution shall be our
law-sce. most Of whom have sworn 10 sun
port it-Ws, now abrogate this law and swe ar
and force others TO swear, that IL shall not be
obcycd-and We do this, not because Con
I grcss have no right 10 pass such laws thi.
we do not allcge but because they have
passed them with improper views. They are
unconstitutional from the motives of those
who passed them, which we can never know
with certainty from their unequal operation
although IL is impossible from the nature OF
things that they should be equal--and from
the disposition which we presume NAV be
made of the proceeds, although that DISPOSE
ton has not been declared. This is the plain
meaning Of the Ordinance in relation I,
the laws which IL abrogctes for alleged I'm.
constitutionality. But il does not stop there
II repcals in express terms, an important par
of the Constitution itself, and OF laws passed
to give it effect, which have never been al.
legged to be unconstitutional. The constitu.
ton declares that the judicial powers of the
United States extend 20 cases arising undo,
the laws Of the United States, and that such
laws, the Constitution, and treaties, shall be
paramount 20 the state constitutions and laws
The Judiciary Ac; prescribes the mode b,
which the case may be brought before a court
oil the United States, by appeal, when STATE
tribunal shall 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 &c
swear that they will disregard their prov isions
and even makes il penal in n sutton 10 at
tempt relief by appeal. II further declare,
that II shall not be lawful for the authori
ties Of the United States, or Of that State, te
enforce the payment Of duties imposed b,
the revenue laws within its limits.
Here is law Of the United States, no
even pretended 20 be Unconstitutional, re
/ pealed by the authority Of snail maiorit,
OF the voters of a single state. Here is
provision Of the Constitution which is solemn
iy abrosated by the same authority.
On such exPositionS and reasonings, Tho
Ordinance grounds, not only an assertion o
The right 10 annul the laws Of which il CON,
plains, but TO enforce IL 10y threat Of Sc
eeding from the Union, If any attempt is mad,
TO execute them.
This right to- sccedc is deduced from th,
nature Of the Constitution, which they soy. i
a compact between sovereign states, wh.
have preserved thoir whole sovereignty, and
therefore, are subject to no superior; that
because they made the compact. they caI
break II when, in their opinion, It has beer
departed from by the other states. Falla
oious as this course Of reasoning is, il en-
lists state pride, and finds advocates in IA,
lad, .f -,
studied the nature Of our government sui!i
ciently 10 see the radical error on which i
rests.
j, The people of the United States forme,
the Constitution, acting through the state le
gislatnrcs IN making the compact, 10 NEE
and discuss its provisions, aud acting in scpa
rate conventions when they ratified those BRO
visions; but the terms used in its cOBstruc
ton, show u 10 he government ~ which IL,
people OF all the ststcs collectively are re-
presented We are oNE People IN the choics
Of President aud Vice President. Here IN,
states have no other agency than to direc
the manner "a which the votes shall b. given
The candidates having n majority Of all IN,
votes are chosen. The electors Of a majority
Of The states may have given thcis votes FOL
one candidate, aud yet another may be clio
sen. The people, then, and not tie states
are represented IN the executive branch.
IN the House Of Representatives there }
this difference, that the people Of one stat
do not, a. in tire case of President and Vice
President, all vote Tor the same oHiecr. ia.
people of All the states do not vote for Az ~,
members, each state cieeting only ~ owl
representative But thIs creates no matcria
Distinction. when chosen, they are al ~
. preventative Of the United Statcs, not repre-
p PreseniaiiScf &c the particular state fron
! which They come. They are PAID by The q
D states, not BY TIE state nor ara they ~
Z eouniable u q foF any act done N The pei
4 iormanco q their legislative functions; and
, however they may ~ prartics, a. u Is 1hei
= duty 10 do. consult and prefer the isteFsiis q
}, Their particular constituents y ben they con,
2 ~ c0ntliet with any other partial ~ local ID
. terest, yet u u their hrs, pDd highest DUTY. 4
b representatives, Of the Cniied states, % ~,
p mote The general good.