Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1833-03-11


ture of this controversy, and given rapid ske,.,
of the moyement Of the State in reference 10 !,
he would next proceed tn notice sume obiector'
connected with the Ordinance and the Drocsst
ings underit.
The first and most prominent of these is dirsr,
rectcd against what is called the test o,,b-
which an effort has been made to render clior;
So far from deserving the denunciltion which had
been leveiled against it, he viewed this provision
Of the Ordinance as but the natural result Of ia
doctrines entertaiaed by the State, and the posi-.
ton which she occupies. The people Of ,b,,
State believe that the Union is a union Of State,
and mol of individuals; that it was formed BY The
States, aad that the cizeus Of the severa! Stab,
were bound 10 it 'through the acts Of their several
S'ale.; that each State ratified tue Constlturior
for nsrIf. and that it was only BY such ratGc,.
ton Of State that any obligation was impssed
up n the ,iti7ens. Thus believing, il wa, N,
opinion of the people Of Carulins, that it belong.
ed to the State which had imposed the obligation
Ia declare, ~ the last resOrt. the extent of thar
obi alton. as far as her citizens were concerned:
aud ibis. upun the plain principles which c1I..
IL all analogous cases of compact, between soye.
reign or poil'caI bodies On thi; prncipe, The
people Of the State acting in their sovereign ca.
pa, ity. in Convention, precisely as thew had
adopted their own and The Federal Constitutions.
had declared by the Ordinance, that the acts Of
Congress which had imposed duties under tie
authority to Law imposs. we're acts, not for reve.
nue., as intended nv The Constitution, but for po
tectinn, and therefore null and void.
The Ordinance thus enacted by the people Of
the State thems YES. acting a. a sovereign com.
munity, was, 10 ali Inents and purposes, a part
Of the Constitution of the State; and though of a
peculiar character. WAS as obligatory M the CHI.
zeps Of that State, as any portion Of the COnsI.
tuiinn In prescribing, then. the oath 10 Obry
the Ordinance, no more was done than 10 prescribe
an oath to OBEY the Constitution. Ii WAS in hcr,
but particular oath Of allegiance. and in everyre.
sprct similar to that which is prescribed under tie
Constitution of the IT, States. Ia be administered
to all officers of the ) tate and Federal G0eH.
ments; and was no more deser' ins the harshad
bitter eeithe,s which had been hedped upon IT,
than that or any similar oath.
| II ought to be borne IN mind. that, according
to the opinion which prevailed IN CaroIaa. he
riyht of resistance to the unconstitutional laws
of Congress belongs TO the State. ard mt lote
individual citizens. and that. though The latter
NAV, in a mere question OF me,m and iu"m. re.
ssi, through the courts. an unconstitutional en-.
croachment upon their rights; yet the ilna ,ani
against usurpation rests not with them. but via
the State Of which they are members; aud iOa
such act of resistance BY State. binds the con-
science and allegiance of the citizen But there
appeared to be general misapprehcn''"n a. to
the extent to which the State had acted under
this part of the Ordinance. Instead Of sweep
ing every officer. by general prescription OF Tie
minority. az has been represented in debate. IS
far as the knowledge of Mr.. c. extends. mol
single individual had been removed. The STATE
had. in fact, acted with the greatest Tenderness
all circumstances considered, towards c'lLen'
uho differed from the maturity; and, IN that 'Pi'
rift. had directed the oath to De administered o.
~ in cases of some official act directed to beFf
formed. in which obedience to The Ordinance Sn
involved.
II had been further, objected, that the sac
had acted precipiately What! pree'Pa''!'
after making a strenuous resistance Tor twelve
years-by discussion here & N the other Housed
Consress-bv essays in all fnrns-by resolutions
circumstances, and protests on the part Of e
Legislature, and finally by attempting an app''i
to the judicial power OF the United States
He sajd attempting. for they had been pre'ene'
rum bringing Tue VursVVh '""'' " ~ ~,
and that by an act "f that very majority !" r ,
gress which now upbraid them tor not "SA',
that appeal; of that majority who. on "o'''
of one Of the members in the ether House I'VE"
South Carolina. refused to give To The act -
| 1928 its true title, that it WAS profec'"e'
not rerenue act. 1he State has never w.
true, relied upon that tribunal the epP,t",
Court, to vindlcale its reserved r'.his; ''' "'
have always considered il as an AUXILIARY D'',
If defence. of which they: would s'ahN "' w.,
avaied themselves, to test the coE''i'u'""''
of protectio had they NOT been deprived u u
means Of doing so by the act OF the m@j"Hl
Notwithstanding this long delay "l more w., ~
ten years. under this continued encroi'n"''
the Government, we now hear 1t on 81, ''" ,,,r,
friends and foes, gravely pronounced 'I' ,,
State has acted precpitatcIy-tha' be- . s.hS
has been rash! That such should Os w. .'r,
suage of an interested majority. wao' " "
of this unconstitutional aud oppressive
are annually extorting millions 'ro" '' 90, d.
to be bestowed upon other sections, Va a,,,.,d
all surprising. Whatever mPede' t''' 'D1 "a q,
avarlce and ambition. will ever be d'n''", de.
rash aud precipitate; and had South oaIO," 's,J.
Iaved her resistance fity Instead o' '"e"' -,