Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1833-01-24


solcmnly entered into BY tho several tasss nsdsss
'hcd BY the people thereof respectively . coalpac<
by which the several States and Tho people thssso
respectively have bound themselves 70 ench othar
and to the federal government aud by which lho
federal government, 10 bound to the seveeal 6istes
and 10 every citizen ofthc United States. To this
compact, in Whatever mode il may have boon done,
the people Of South Carolina bavo freely and
voluntarily given their assent and 10 the whole and
every part Off they nrc, upon cvery principle OF
| good fifth, insiolably bourd. Unddr this obsa-
ton, they are bound and shoud be required to con.
tribute their portion of,he public expense, and to
submit 10 all laws made by the COMMON consent, in
pursuance of Constitution, for the common de-
fence and general welfare, until they can be chang
cd in the mode which the compact hss provided co.
thoatanment ofthoSe grce, ends ofihe Cove nmcnt
| and Of the Union Nothing less ,han causes whIch
would justify revolutionary remedy cnn absove the
| people tfom this obligation and for nothing less
| can the Government permit tito be done Without
| violating its own obligation, by which, under sle
compact, It is bound to the other States end 10 every
citizen Of the United States.
These deductions plainly flow from tho nature of
tho federal compact which is one of Limitations, not
only upon the powers originally possessed by the
parties thereto but also upon thnse conferred on tho
Government and every department thereof, /.
will be freely conceded that by tho principles Of our
system, all power 10 vested in the people, but to be
exercised IN the mode, and subject 10 ti,e cheeks
which the people Themselves have prescribed.
These checks are undoubtedly only different mo-
d'ient,ons of the same grca, popular principle
which lies ut the foundation of the whole, bu,hfc
not TINT account TO lie less regarded OF less obiga
tory. a. Fl
Upon the power Of Congress, the veto oflhe En-
ccntive and the authority Of The Judiciary which
Is I" 10 exendo all cases 10 law and equity arising
under the Constitution and laws Of tho United
States made IN pursuance thereof are the obvious
cheeks Il the sound action ofpuhIic opinion, which,
with the ultimate power Of amendment are the sn-
lu,ary and only limitations upon the powers Of the
" hole.
However it may be alleged that a violation of
the compact by the measures Of tho government !
udec, the obligations OF tho parties, il cannot
even be pretended that such violation can be pred.
icsed ofthose moasures un,I oil the constitutional
remedies shall have been fully tried 1.-THE Fed
cral Government exercise powers not warranted
by tho Constitution, and Immediately affecting in
dylduals 1t will scarcely be dcaicd that tho pro-
per remedy is n recourse TO the Judiciary. Such
undoubtedly rs the remedy for those who 'esrn nets
Of Congress laying duties on imports and provid
ing for their collection 10 be unconstitutional Tho
whole operation Of such laws IS upon tho indisi-
duals importing the merchandise aStnto is abao-
lutoly prohibited from laying imposts or duties
imports or exports without the consent of Congress,
aud cannot become party under those laws with.
out importing IN her own name, or wrongfn.ly m
torposng her authority agntnst them by thus IN
icrposng, however, she cannot righfuIy District
the operation the lava upon individuals For
their dsobcdencc to or violation ofths tawo the
ind, tr.iu
would remain. And, III cases where an ,ndiy idual
should be prosecuted for any odence against
the laws, be could not set up in Qualification %
his act, II law ola State, which, being unconsthu-
tiU ,al would therefore be regarded as null and
VOID
The law of a State cannot authorize the COM
mission Of a crime against the United States, OF
any other act which according to the supreme law
Of the Union would be otherwise unlawful. And
il 10 equally clear, that, VI there be any case in
which State, rs such, is affected By the law be-
You'd tho scopc Of judicial power, The remedy con-
sists in appeals to tho people either to effect .
change IN the representation or 10 procure relicfby
an amendment Of the Constitution But The mea-
surcy oftnc Government arc TO bc recognized as
valid, and consequently supreme, until these rcn-
edies shall have been eifectunly tr.d; and any
attempt 10 subvou those measures or TO render tho
laws subordinate 10 State authority, md after
wards TO resort to constitutional rcdresl is worse
than evosivc. II would moi be proper resistance
to f." eore,nmeni n unlimited poreys'---as has
been sometimes pretended -bui unlntiul opro-
sili,n 20 the very limitations on which The bnrmo.
Nous action fthe Government, and nll ia parts alb
solutely depends South Carolina has appended
TO none Of these remedies but IN effect, has doied
them all While threatening to separate from
the Union If any attempts he made 10 enforce the
revenue laws othsrw ise thar through tie civil tf
bunals Of the country, she has not only not mp
pnaled in her own name 10 those Tribunals which
tho Constitution has provided for all Gases in law
equity arising under tho Constitution d. laws Of
the United States, but has en- eavorcd 10 frasrate
their proper action her cillzeus by drawing the
cognizance OF cases under the rt.cnue laws To her
own tribunals, specially prepnted and fitted foritIe
purpose of enforcing the acts passcd by the State to
obstruct those laws, and both judges and jurors Of
which will be bourd, by the import Of oahs pre-
Y ousy taken, TO treat the Constitution and laws
of the U States in this respect as a nullity. Nor
has the State made tho proper appeal to public O.
piuoo and 10 the remedy OF amendment. For,
without waiting 10 am " neither the ether States
will consent to u Convention, or il they do, will
constrno or amend the Constitution 10 suit her
views, she has Of her own authority altered the i'm.
port Of that instrument, and given immediate effect
to the change. In fine, she has set her own will &
authority above the laws, has made herself arhi,cr
in her own case and has passed at once over al! in-
tern,edate steps to measures ofavowed resistance,
which, unless they be submitted to- can BE- enforced
only by the sword
In deciding npon the course which high sense
of duty to all the people of the United States impo
ses upon the authorities ofthe Union, in this
mereency, il cannot be overlooked that there is no
sufficient cause for the acts Of South Carolina Cor
her thus placing in jeopardy the happiness Of SO
many millions Of people. Msrule and oppression,
to warran, the disruption of the free Institutions Of
the union of these States, should be great and las