Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1833-01-31

less Of the public sathoritics than OF ~. "o
pie, In every case, 10 yield patriotic subua,s-
sion.
That state. or any other great portion or
!, ,ne people, suffering under long and intolcra-
ole oppression, and having tried all const,,u-
eoaai remedies without fhe hope Of redress,
may have natural right, when their hapni
ness can be no otherwise secured. and ,wh.o
Viey can do SO without greater injury L.
o'ners' 10 aosoife themselves from their obi
CATION 10 the Government and appeal To IN,
,S' resort need not, on the present occasion.
The existence OF the right, however. n,u.,
depehi upon tie cs,Ises " men NAV i..,,f. r.
: >efcse IL ., The aLfiaa ratio which pre
imposes mat mo proper appeals TO all other
meaus OF redress have be en- mad. IN ,goot
faith. and which can never be rirhtfu,ix re
sorted To, unless it be unavoidable. III. NOT
he right OF the state, but OF the indiy ,d,aI.
and OF all the individuals in the state. IL 4.
the right oil mankind, generally, To secure. by
all means an their power, Tire blessing. of IL
oerty and happiness; but when, Cor the,.
purposes, any body Of men have voluntarily
a.Sociated themselves under particular form
oil government, no portion of item can dis
so'e the association without acknowledges,
'ne corrciat'c right an the remainder To de-
eide whether that dissolution can be permit
ted, consistently with the general happiness
In this view, 4 Is a right dependent upon th,
power 10 enforce AZ. Such n right, though IL
msy DO admitted to Prc-cXist. and cannot b,,
WhoHy surrendered, Ia necessarily subjected
10 limitations in all free governments. and in
comp-cts OF all kinds freely aud voluntarily
entered into, and IN which the intere,t and
welfare OF the individual becomes Unidentified
WIN those oil the community OF which he 4,
n member. In compacts between individuals
ma ofra- Al
tons, these principles are acknom lodged to
create sacred obligation; and, in compactS
OF civil governments. involving the liberties
and happiness of millions Of mankind the
obligation cannot be less.
without adSertng To the particular theories
To which the federal compacts has given rise
both as To ITS formation and the parties to-
it,-and without inriiring whether IL be mere
~ federal, or social, OF national, il IL suffi-
cieht mat u must be admitted To be a C ON
pact. and TO possess the obligations incident
to compact; to be n compact by which
power is created on the one hand, and obed;-
eDce exacted on the other; n compact freely.
voluntarily, and solemnly entered into by the
several states and ratified by the people there
OF respectively a compact by which the Sc
veral states and tho people thereof respec-
lively have bound themselves to each other
ana To the federal government, and by which
the federal government is bound TO the seye-
raj states and to every citizen Of the United
states To this comPact,-in whatever mode
u may have been done,-the people of South
Carolina have freely and voluntarily given
their assent; and to the whole and every part
OF ~ they are, upon every principle of good
faith, inviolably bound. Under this obliva-
ton, they are bound, and should be required
10 contribute their portion of the public ex-
Pense, and to submit to all laws made by the
common consent, in pursuance Of the Con-
stitufion, for the common defence and gene
raj welfare, until they can be changed in the
mode which the compact has provided Tor the
attainment of those great ends Of the Govern
ment and OF the Union. Nothing less than
causes Which would justify revolutionary re-
medJ can absolvs the people from this obj
sauoAi aud Tor nothing less can the Govern
ment permit IL 20 b. done without violating
its obligation; by which. under the compact.
II - bound 10 the other states and 20 every
citizen Of the United States.
These deductions plainly now from The ma
tnre Of the federal compact, which - one of
limitations, not only upon the powers oriSi-
naiiy possessed by the parties thereto. but al
so upon those conferred on the Government
and every department thereof II will ba
Freely conceded, that by the principles OF our
system, all power IL vested in the people. but
To DO exercised in the mode, and subject to
the checks which the people themselves have
prescribed. These checks arc. undoubtedly.
only different notifications Of the same great
popular principle which lies az the foundation
OF the whole, hut are not. on that account, to
Oe less regarded or less obligatory.
Upon Inc power OF Congress, the veto Of
tho Executive, and the authority OF the Judi
eiary, which il "to extend to ain cases ~
law and equity arising under the constitution
and laws OF The United States. made IN BUR-
suanee thereof" are the Obvious checks "a
the sound action of public opinion. with the
ultimate power Of amendment. arc the salr
iary and Only limitations upon the powers of
the whole
However IL may be alleged that violation
"t the compact by the measures of the Co
'ernment ran affect the obligations of tho
parties, u cannot De pretended that such vio-
lation can be predicated Of those measures
Until all the constitutional remedies shall have
been fully tried. " the Federal Gso,etnmeUe
exercise powers not warranted by the Con-
sutution, and Immediately affecting iBdiytfu-
as wiz scarcely be denied that the pro-
per remedy y recourse o. the Judiciary
snch undoubtedly isthe remedy for those Who
deem The acts % Congress Isying dutic, on
imports and providing Zoe their colleetios to
DC unconstitutional. The whole operation of
'ueh laws - upon the individuals importing
,he merehaDdiso state - absolutely pro-
hioised from laying impos's or duties On im-
ports or exports withoh tho consent e Goa
gress, ard cannot become party under thoso
lass, without importing M her own name. or
Urongfully intcrposIug her authority against
them. BY thus iuterpOsing. so~ever, shs
cannot righifuily obstruci the operation az
the laws upon individuals For their disobs-
dicnce -, ~ violation of tie Lass, iba orsi-
nary remedies through the Judicial tribunals
would remain. Ard. in case where an ~
iiriduai should 30 Prosecuted Tor anv offence
'gs'p,' 'he lass, b. eosIld not ST up, IN iu.-
ihca'ion ~ h's set, law II a state, which.
'eing uneons'i'uiional, would therefore B.
'eeaFoe1 - nHH Hni VOID. The hw 81
es az. eannoi suihofike Tho eomeis.ioa Of =
'rims sEasnsi the United states. 81 49, So
~ vhicb, aec0rding ~ the SUPPRESS, Nv az
pc nio1, wofsid b. otherwiss uelng0,l
Anl Do }. rnualln rlaar lhal N g.. n. -.