Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1833-01-10

Sion of the Constitution on thi, slh,ert M.
states tina: our SOCIAL COMPACT in c>pr,ss
terms declares that The Lrrs u the a.. Sia.ss.
ITS Constitution, and the treaties made under
IL, are the supreme law Of the land,n aud
fspeahs hroaShout OF " the explicit suprcma-
I cy given to the laws Of the Union over those
oi The statcs"-as if n law OF Congrcs, was
OF itself supreme, while il was necessary 70
the validity OF a treaty that 1t should be made
IA pursuance OF the Constitution. such.
however. - not the provision of the Constit,i-
ZION. That instrument expressly provides
That 1.-THE Constitution, and laws OF the L.
states rLieh SHALL Dc made ava pursuance HersrC
shall be the supreme law of the land. ans
thing IN the constitution or laws Of any state
10 the contrary notwithstanding"
here II viii be- seen that IA law of Con
gress, rs such, cnn have no validity ualsss
made IN pursuance Of the Constitution. ~
An unconstitutional act is therefore null and
void, and the only poin, that can arise IN this
case is whether, To the Fedcrallio,ornmc nj or
any department thereof, has been exclusive
~ reserved the right TO decide authoritative.
~ FOR he STAIRS this question of constitution
aiity' W this be SO, 10 which of the den,rt-
,nents, u may be asked, Is this right of final
judgment given: lf II be to CONGRESS ,hcn -
Congress not only elevated above III, o,bsr
departments of the Federal tsoyernmeut. bu,
1t IS put above the Constitution itself This
however, the President himself has publicI,
and soiemnly dcnicd, claiming and cN.rc,>in;
As 1t Is known To all the world-the right TO
refuse To execute acts Of Congress and So
lemn treaties, even after they had received
The sanction Of every department oil the
Federal Government
/ That the Executive possesses this right of
deciding finally and exclusively as Ia the
NahdI'y ot acts Of Congress, will hardly Toe
pretended-and that II belongs 10 the JudIci-
AIRY, except so far as NAV be nccessary To The.
decision of questions, which NAV incidental
: ~ come before them, " in cases of law and
equity" has been denied by none more
strongly than the President himself, who, on
n memorable occasion refused To acknow ledge
the binding authority of the Federal Court.
and claimed for himself and has exercised
the right Of enforcing the laws, not accord
ing to their judgment hut "his own under
standing Of them" And vet when il serves
Tue purpose OF bringing odnim upon South
Carolina, "his native State" the Preside nj
has no hesitation in regarding the attempt of
state to free herself from the control OF the
Federal Judiciary, in matter affecting her
sovereign rights, rs 4 violation Of the Con-
stituton.
/ u Is unnecessary TO enter into an elaborate
examination Of the subject. II surely can
.
OF Independence, the several colonies be-
came free, sovereign, aud independent
states, and our political history will album
DAINTY shew that at every subsequent change
IN their condition up TO the formation of our
present Constitution, the states preserved
their sovereignty. The discovery of this mex
feature IN our system, that the States exist
only as members of the Union-that before
the Declaration Of Independence, VIC were
known only as "United Colonies"-and tina,
even under the articles OF confederation, the
states we're considered as forming =. collect
lively one na;ion'-without any right Of refu.
stag 10 submit to auy a. decision. Of Congress
was reserved 10 the President and ms i'm
mediate predecessor. To the latter 'bclongs
/ the iareasica, and upon the former. will un-
fortunately fall the evils Of reducing 1t to
practice"
J South Carolina holds the principles now
promulgated 10y the President las they must
always be held by all who clam 10 be sup
Porters Of the rights Of the States) Gas con-
tradicted by the letter Of the Constitution
unauthorized by its spirit-inccnsistent " ith
every principle Ca which il was founded
destructive to all the objects for which i, was
iramed'-utieriy incompatible it'll the very
existence Of the s.atss-and absolutely f,,,i
TO the rights and liberties Of the people
south Carolina has so Solemnly and r. peat
edly expressed To- Congress and the world
the principles which she believes to consti-
tute the pillars Of the Constitution that II i
deemed Unnecessary To do more at this time
tban barely TO present a summary Of those
great fundamental truths, which she believes
can never be subverted " Iihout the inevitable
destruction Of the liberties Of the people, and
OF the Union Itself. South Carolina has me-
yer claimed (os Is asserted by the President, }
the right of repeating at pleasure, all the
TsrsnWs iaies of the Union" much less the
right Of repeating tic Constitution itself.
and laws passed to give IL effect which have
never been alleged to be unconstitutional. -
She claims only the right to Judge Of infrac-
tons Of the constitutional compact, in viola
ton Of the reserved rights of the state. and
of arTesting the progress Of usurpaiion with
an her own limits, and when, as IN the tariffs
of ISIS. and 1882, revenue and protection
constitutional and unconstitutional objects
have been so mixed up together, that, IL -
found impOssibc % draw "A line of disc rimi-
nation, she has no alternative, but % con-
sidor the whole as a system, unconstitutional
IN us character, and 10 leave il 10 those v ho
have woven the web, 10 nHraycI the
threads" South Carolina irsi,ts, and she
appeals TO the whole political history of on.
country in support Of her position, "tiatthe
Constitution Of the United states j. COM
pac, between sovereign statcs,--thst IL cree
ates "A copicderatsd ropubiic, not having a
sinZ'o feature of nationality ~ IT, fOuudati
that TIE people 0i the several siaifs, a.
distinct political communities, ratified the
Constitution, each statc acting COR itseif. and
binding hs own citizens, and not those of any
other state the ct Il RATIFICATION declaring il
10 be binding on tho states 50 raiif, ing-tle
states are is authors, their power croaiof il
ibeir voice clothed n with authority-thc 90
verumeut which "a formed, u composed oi
their agents, aud the Union 81 which Il !.
the bond Is a { mon ~ TIE statrs and not al
indiyiduals-that ~ regard. tie foundation
and extent q - power, the government II
the United states ~ strictly what lts name
implies, FEDERAL Ooyofumcnt--that She
states are a. sovereign now n they we're prior
20 the entering into the compact that the
FedeFai Constitution . confederation in tie
. nature Of a treatr--or An afffarr. IN a hteE