The Arkansas advocate., 1833-02-27
LITTLE IsOGh FEBRUARY a7 Iaaa.


 mon consent, in pursuance of the Con- siItuiia', for the common defence and general welfare, until they c;aai be chang. ed Tn the mode which the compact has provided for the attainment of those great ends Of the Government aud c! the Union. Nothing less than causes which would justify revolutionary re medj can absoise the people from this obligation; and for nothing less can the Government permit it 10 be done with out violating it's own obligations; by which, under the compact, 1t is bound to the other States, and to every citizen of the United States.
 These deductions plainly flow tfsoaa the nature of the federal compact. which is one of limitations, not only up- on the powers originally possessed by ifae parties thereto, but also upon those tto1fefretii on the Government and eve ry department thereof. Il will be free conceded, that by the principles Of our system, all power is vested in the people, but to be exercised inthc mode. and subject to the checks, which the rrcopie themselves have prescribed. These cheeks are, undoubtedlY, only different qualifications of the same great popular principle which lies at the foun- datIon oi the whole, but are not on that account, to be less regarded or less ob- ligalosy.
 Upon the power of Congress, the ve- to of the Executive. and tho authority of the Judiciary, which is < to extend te all cases in law and equity arising under the Constitution and laws of the United States. tnadein pursuance there oi,' are the obvious checks; and the sound action of public opinion, with the ultimate power Of amendment, are the salutary and only limitations upon the powers Of the whole.
 However 1t may be alleged that vi- olationof the compact by the measures. of the Government can infect the obli- gations of the parties, ii cannot even be pretendcd that such violation can be predieated oi those measures until all tlle constitutional remedies shall have been fully tried. If the Federal Go. yernment exercise powers not warrant ed by tue Constitution, and immediate y affecting individuals, 1t will scarcely be denied that the proper remedy is q. recourse to the Judiciary. Such un- doubtedly is The remedy for those who. deem the acts Of Congress laying duties onimports and providing for their col lection to be unconstitutional. The whole operation of suchiaws is upon the individuals importing the merchandise: a State is absolutely prohibited from laying imposts or duties on imports or exports withoutthc consent of Congress, and cannot become q party underthose laws without importing III her own name, or wronsiully interposing her authority against them. By thus inter- posing, however. she cannot righIuliy obstraet the operation of the laws upon individuals. For their disobedienee to, or violation of the laws, the ordinary remedies through the judicial tribunals would remain. And, in case where an individual should be prosecuted for. any offence against the laws, he could not set ID, in justification, ot his act, a law of q State, which, being uneonsti- tutional, would therefore be regarded as nuIl and void. The law of State cannot authorize the commission sf a crime against the United States, or any other act which, tt tlse tli preme law of the Union, would be oth- erwise unlawful. And 1t is equally clear, siist that f there be n which State, as such, is affected by the law beyond the scopeef judicial power, the remedy consists in appeals 10 the peo- pie, either to effect a change in the rep resentatien, or 10 procure relief by an amendment of the Constitution. But the measures of the Government are to be recognized asyalid, and consequent ly supreme, until these remedies shall have been eiieetualiy tried; and any at tempt to subyert those measures, or to render the laws subordinate to State authority, and afterwards to resort to constitutional redress, Is worse than e. vasiues II would not be Il proper re- sistanee to sa GoUernnsent Of uaiiaited poacers s'--as has been sometimes preten- ded--but unlawful opposition to the ye- " limitations on which the harmonious action of the Government and all it's parts absolutely depends. South Caro- linn has appealed 10 none of these re- medies, but, in effect, has deiied them r all. While threatening to separate iron, the Union, fl any attempt be made to enforce the revenue laws otherwise than through the civil tribunals Of inc