Martinsburg gazette and public advertiser. [volume] (Martinsburg, Va. [W. Va.]) 1826-1833, 1833-01-24

l.c expense, and 10 submit TO all laws made
: nv c0nlmon consent, in pursuance Of the
,Constitniion, Tor the common defence and
! general welfare, until they can be changed
in the mode which The compact has pro divided
for the attainment Of those great ends Of the
Govern ,neni and of the Union. Nothing less
than causes which would justify revolution
ary remedy can absolgc the people from this
obligation; and for nothing less ca lac Gov
eminent permit it to be done without siolat.
, ing is own obligation, by which under the
compact, it is bound 20 The other States and
to every citizen Of the United States.
"Upon the power of Congress, the veto Of
the Executive, and the authority of the Ju-
dietary which is ''to extend 20 all cases 10 law
and equity arising under the Constitution &
laws of the u. States, made in pursuance
thereof" are the obvious checks and the
sound action Of public opmioa, with the vi
innate p9geT Of amendment, are the sautary
aud oniy limitations upon the powers OF the
whole.
"However it may BE- alleged that viola
ton of the compact by the measures of the
government can Affect the obligations of the
parties, it cannot even be pretended that such
violation can he predicated Of those neasurs
until all the constitutional remedies shall have
been fully tried. If the Fedora! Govern nent
exercise powers not warranted hy the Con
stituian and Immediately affecting indi,idn-
ais, il will scarcely be denied that the proper
remedy IS a recourse 10 the Judiciary. Such
undoubtedly is the remedy for those who
deem the acts OF Congress laying duties on
imports aud providing for their collection to
be unconstitutional. The whole operation
Of such laws is upon the individuals importing
the merchandise: a State is absolutely pro
hlbited from laying imposts or duties on i'm
ports or exports, without the consent Of Con
gresa, aud cannot become party under
those laws without importing 10 her own
name, or wrona fuliy interposlng her author
ity against them BY thus interposing, how
ever, she cannot rightfaly obstluet the op
GRAFTON Of the laws upon individuals For
their dIso5edIence to OF violation Of the laws.
the ordinary remedies through the judicial
tribunals would remain And, in case where
an indiridnai should be prosecuted for any
offence against the laws he could not set up,
in justification of bis act law Of State,
which being unconstitutional, would there
fore he regarded as null and void.
The law Of State cannot authorize The
commission Of crime against the United
States o. any other act wh Oh according TO the
Supreme law of the Union would be other
wise unlawful. Andli is equally clear. that,
If there be any case in which State, as such
is affected by the law beyond the scope of
judicial power, the remedy consists IN ap
peals to the people either to affect a change
in their representation ar TO procure reliefby
an amendment of the Constitution But The
measures 81 he Government are to be recog
nlzcd. As valid aud consequently supreme Jun
III these remedies shall have been etiectualIY
tried and any attempt 10 subyert those mea-
sufcs or 10 render tae laws subordination to
State authority, and afterwards 70 resort TO
constitutional redress is worse thaa evasive.
II wuold not be proper resistance 10 "a g0e
ernsnent If u,t'imifed 20 ters'-as has been
sometimes pfetendcd,-t but unlawful Opposi-
tiab to the very limitations on which the bar
mOni0ls action Of the Government and all its
parts absolutely depends South Carolina
has appea4rd 10 none Of these remedies,
but in effect. has defined them all -
~ hale threaininz 10 -eperaie from the Union
u any attempts be made TO enforce she rcve-
nae iaws Otherwise than through the civil
tribunals Of the country, she has not only rot
Appealed in her own name To those tribunals
which The Constitution has provided fer all
cases IN iaV or etijty arising under the Con
s,itntion aud laws Of The u States, but has
endeavored TO frustrate their proper action on
her ciuzans b, d awing the cCgnizance of
cases under the revenue laws to her own fri
bunals, specially prepared and fitted for the
purpose of enforcing the acts passed by the
state to Obstruct those laws, and both Judges
and jurors OF which will be found by the i'm
port of oaths previously taken to treat the
Constitution and laws of the u. S 10 this res
pect as uulity. Nor has the State made
the proper appeal to public opinion and the
remedy of amendment. For, without wait
ing TO learn whether the other States will
consent to a Convention or if they do, will
construe or amend the Constitution to suit
her views, she has OF her own authority
altered the import Of that Instrument and
given immediate effect TO the change In
fine, she has set her own will and authori
" above the laws, has made herself arbter
ia her own case, and has passed at once O.
yer al! Intermediate stepsto measure Of avOw-
ed resistance which, unless they be submit
ted to can be enforced only by the sword.
The truth and force Of the following pas.
sage are particularly striking.
in deciding upon the course which high
sen Sc Of duty 10 all the people of the United
States imposes upon the authorities of the
Union, in this emergency it cannot be over
looked that there IS no sufficient cause for
the acts Of South Carolina, or for her thus
placing in jeopardy the happiness of so many
millions of people. Mlsrnc and oppression,