Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1833-01-22

upon the which may justify its 1t is the
Ultima ratio which pre- supposes that the proper appeals
to all other Of rcditss have been good iah
ond which never be rgAtuy resottcd unless it be
uudvohlA lc II Is not he light Of the State, but OF the
individual and OF -. the Individuals in he STATE II the
hight Of uoukini generally 20 sccDrc, by all means in
their POW e, The blessings liberty and happiness, but
When, er hvse po,es. an, body Of men have yoluna-
my sss0ciS Cd themselves Under pecui iom OF govern
mem, no portion Of hv cdh Dissolve The association NTH
ou acknowledging lac co,teative Ugh, ia ds remainder
70 decide Mhe her thSi dissolution can he permitted con
sisieui with The general harp,uV-
la This view, is right dependent upon tie power 10
cnior'e H. Such night, though it may be admitted To
pre- exist and canuOt be wholly surrendered, Is
ce,sary subjected to limitations IA all fee governments
aud la COnpIctS of all kinds freely and vUluItIy entC.-
ed into and ia which the interest aud welfare OF the in
dviduo becomes Underlined with those OF the commune
~ of Which he i member. la cOupacs between iudi-
vidual, loweter deeply they may affect their relations
these principles dcNuON rdgcd create sacred ohIi-
the Liberties aud happiness Of millions oil mankind, the Oh
legation cannot be less.
Without adycring the particular theories 10 which
tile federal compact has given fisehoth its orma-
ton and the parties to t-and without nqurng whether
be merely federal, social, national, is sufficient
that must be admitted TO be compact aud TO possess
the obligations incident to a compact TO be compact
10y which power is created on the hand, and obedi-
dience cXaced on the other compact freely Voluntarily
and soemuy entered into by the several States and rat-
fed by the people thereof respectively "A compact by
which the several States and the people thereof respec
lively, have bound themselves 10 each other and TO
the federal government and by which the federal go
vernmcnt is bound 20 the several States TO every
CluLeh oil the Oul(Cd States. 10 this
whatever mode it may have been donc the people
OF South Carolina have freely and voluntarily given
their ASSENT and 10 the whole and every part of it,
they upon every principle of good faith inyola-
bly, bound. Under this obligation, they are bound and
should be required contribute their portion of the
public expense, and to submit TO all laws made by
common consent in pursuance of the Constitution for the
common defence aud general welfare, until they can be
changed in the mode which tho compact has provided for
the attainment of those great ends of the Government
and OF the Union. Nothing less than causes which
would justify revolutionary remedy absolve the pco-
pie from this oblgato%; aud for nothing less the Gov
ernmcnt permit II 10 be DONE without violating its ob-
CATION; by which, under the compact it is bound TO the
other States, and to every citizen of the o. States
These deductions plainly flow from the nature Of the
federal compact which is OF limitations not only upo
the powers originally possessed by the parties thereto but
also upon those conferred the Government and every
department thereof 1t will be freely conceded that by
The principles OF oursyste all power vested the
pie, but TO be exercised in the mode, and subject TO the
cheeks, which the people themselves have prescribed
hese checks are, undoubtedly, only different moditica-
mons oil the same great popular principle which lies the
foundation OF the whole but not Oh that account TO be
less regarded or less obligatory.
Upon the power of Congress- the veto of The Executive
and the authority OF the judiciary which "to extend 10
all cases in Law and equity arising under the Constitution
ana laws OF the United States, made in pursuance there
o arc The obvious checks; and the sound action Of pub
lie opinion, with the ultimate power of amendments are
the s1utary aud only limitations upon the powers of the
whole.
However may be alleged tina, violation Of the CON-
pact by he measures OF the Government can affect the
obligations OF the parties, it cannot even be ue.enled
that such violation be predcded these measures
until all the constitutional dies shall have been fully
tried. Ii the Federal Government exercise powers not
warranted by the Nonsiitut on, and Immediately affecting
ludivuaI IL viii scarcely be denied that the proper re-
medy is 4 the Judiciary Such uu'oubteJIy
Is TIE remedy Tor hOse Who deem the of Congress
laying duties Hipost ahG providing Tor their
to be unconstitutional. The whole operation Of s,ch la
upon the individuals Importing he merchandise: state
Is absolute prohibited tom ing imposs or duties OIL
IniFoiis Or exports without the OF Congress and
c"nno become par Unde those laws without import
'ng ~ "er own Name or "ronsiully interpreting her
! non against them. by thus inttrposing however,
she cannot righuly obsuuct the operation OF the Ia
upon iu6tyduals. For htr disoLedence to- or vic.
iaion OF the laws, the ordinary remedies through the
Judicial tribunals would remain. And in case V here
an individual Should be prosecuted or any offence against
the laws lac could not set up, in justification OF his act
law OF Slaie which, being unconsl uliUnaI vouLi
therefore be regarded as null and void he OF State
cannot authorize the commission of crime ae ainst lie u
States, or any other act ~hch, according the uprcme
Ia" OF lie Union, would he oterM Use unlawful Ant II
Is equally clear, tha il here be any case in which
State, such, is ae ct,d by the law be ond the cope
oil judicial power, tie remedy conss n appeals TO The
peoPe either To efec change la the repre sent alton
Of TO procure relief by amendment OF The Corsliu-
ton. But the o the Government are 10 he re-
cognIed as VALID and consequently pree until these
re'h'd shall have been eectu lily .d; aud anv at.
tempt Snhvert those measures OF TO render tie lswssu
oTu"d'e TO S"'o authority, aRd erwards resort to
constitutional redress, is han evasive IL would
"' lie proper resistance to "a Government efnIinifed
PotcsTS AS has been sometimes pretended hut uuiaw-
u' oppo-i ION to the very Limitations which the ba mo.
nous dcoh Of TIE Government aud all its paris abso
ly depends. South Carolina has Appealed 10 none Of
these remedies but in effect his deGcd them ALL While
lfed'ung TO separate from the Union any at;ept be
maze u enforce The revenue laws otherwise han through
Tie civil tribunals OF The county she has not only not an
Pedled IN her own name 10 those tribunals which the con-
siitution has provided iOr all in law or couv
under The constitution and laws OF the United States but
mas endedVoitd 10 Illustrate their proper action on her Cit
zcn5 by drawing the coguzance of cases under the rcve
nue. laws 10 her own tribunals specially prepared and t-
ted Tor The purpose OF enforcing the It's passed hv the
State TO obsrUct those laws both Judges and uor of
winch VIII be bound, 10y the import of Ihs evoslv ia
Ken to treat tie constitution and laws Of the o. States in
TINS respect as nulty Nor has the State made the pro
per appeal TO public opinion and the remedy Of anne
mehI for, without waiting TO learn whether the other
states VIII consent TO convention or, if they do, will
cosue or amend The constitution TO suit her views she
has oil her authority, altered The import of tia
mcnt and given immediate effect to the change I'm fine
She has set her own will AMI authority above the laws.
has made herself arbiter in her own case a has passc
at once eraIi Intermediate steps TO nleas of avoed
resistance which, unless they be submitted to- can be en-
forced only by the sword
la deciding upon the which high sense of du-
y TO all the people OF the United States imposes mon the
Authorities OF the Union, in this emergency il cannot be
OVerOoke that there is sufficient Cause for the acts of
SCUM Carolina, or Tor her thus placing in jeopardy the
happiness OF so many millions OF people Msrue and op-
preston 10 warrant The disruption Of the free institutions
OF The union OF these States should be great and lasiu
Ter, The Government could not submit TO such ca,siro.
Phc' without violation Of its sacred obligations o
the other States Of the Union who have submitted Their
destiny to its hands
There - IN the present instance no such cause either
W le ucRrce OF nlsruIe or oppression complained Of or
IN me hopeessness OF redress by constitutional means
ne long sanction they have received from the prope
ouo les' ana from the people, not less than the unex-
anpcd growth and increasing prosperity of so many
~, mn