Litchfield enquirer., 1833-01-31

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constituiiOnally pronounced, it beconles re
duty no less Uf the public authorizes -. !:
the people, In every case, to yie'o
submission. .. ri
sThat stale, or any other great portion OF
the people, suffering under long ana lnsoleIa-
Bile oppression, and having aried ." con s
s;orai remedies without the hope OF redress |
,s.,s, have : natural right, when their hapPi-
,,ess can be no.Other way secured, and when
1hey can do so without. greater injury 10 9TH !
..rs, To .absoIye themselves from their oblIga- |
,icn 10 the government and appeal to the last
resort, needs not, on the present OCCASION be
denied. s.s gs9 kaa
: The existence Of this right, however must
Jeuend upOn the causes which may justify lis
exercise ytHis the HttimG rnteO !; "ntcn pre-
supp0ses that the proper appeals 10 ail other
means OF redress have been made 10 Gooo
faith, and which can never be rghtfulIy resort
pA IN unless it be unavoidable. 1t is not the
sight of the state, but of the individual, and Of
1.-The individuals in the state. 1t is the right
of mankind, generally, to secure by all means
in their power, the blessings OF liberty and
happiness but when for these purposes any
BODY Of uaen have voluntarily associated
themselves Under particular form OF govern
uaent, no portion Of them can dissolve the as
sociation without acknowledging the cOrrela-
tive right in the remainder To decide whether
that dissolution can be permitted, consistent
" with tlle general happiness. In this view,
lisa right dependent upon the power to en-
force it. Such right, though it may be adj
unitted to pre-exist, and cannot be wholly
surrendered, is necessarily subjected to limi.
tations in all free governments, and in COM
pacts of all kinds freely and voluntarily enter
ed into, and in which the interest and wei
fare of the individual becomes identified with
those of the community OF which he is a
member. In compacts between individuals,
however deeply they may affect their rela-
tons, these principles are acknowledged to
create sacred obligation; and in conpacts
Of civil governments, involving the liberties
and happiness OF millions OF mankind, the OBJ
legation cannot be less.
Without adverting to the particular theo-
ries to which the federal compact has given
rise--both as to its formation and the parties
to it--and without inquiring whether it be
merely federal, or social, or national, it is suf-
ficient that it must be admitted to be COM
pact, and TO possess the obligation incident 10
a compact; TO be compact by which power
is created on the one hand, and obedience ex-
acted on the other; compact freely, volun-
tHrily and solemnly entered into BY the sevc-
raj states, and ratified by the people therefore
spectively compact by which the several
states and the people thereof respectively
the Federal Government, and by which the
Federal Government is bound to the several
states and to every citizen of the United
States. To this compact-in whatever mode
it may have been dOne-the people of South
CarOlina have freely and voluntarily given
their assent, aud to the whole and every part
of it they are, upon every principle Of COED
faith, inyiOlably bound-Under this obligation,
they are bound. and should be required, to
contribute their portion Of the public expense,
and to submit to all laws made by the com
mon consent, inpursuance of the constitution.
for the common defence and general welfare, |
until they can be changed in the mode which !
the 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 ran alb
solve the people from this obligation and for I
no;hing less can the government permit il to
be done without violating its own obligation y
by which, under the compact, it is bound to |
the Other States and to every citizen Of the
However it may be alleged that violation
softhe compact by the measures ofthe govern
ment can affect the obligation of the parties.
it cannot even be pretended that such vioia-
ton can be predicated Of those measures IN
til al the constitutional remedies shall have
been fully tried. II the federal government I
exercise powers not warranted by the Com
stitntion, and Immediately affecting indisidu- |
ais, 1t viii scarcely be denied that the proper
remedy 10 a recourse TO the Judiciary. Such
undoubtedly is the remedy for those who
deem the acts Of Congress laying duties on
imports and providing for their collection III
be unconstitutional. The whole operation of
such laws is upon the individuals imparting
Observation-Disclosures state Is absolutely pro-
hibited from laying imposts or duties on i'm
ports or exports, without the consent Of Con-
gress, and cannot become aparty under those
laws without Importing In her own name, Or
wrongfuiiy interposing her authority against
them. BY thus interpreting, however, shr
cannot rightfuly obstructthe operation of the
laws upon individuals. For their disobedi-
ence to cf violation Of the laws, the ordinary
remedies through the Judicial tribunals would
remain. And. 10 case where an individual
should be prosecuted for any offence against
the laws, he could not set up, ID Justification
Of his act, a law Of a state, which being nm
constitutional, would therefore be regarded as
null and void. The law OF state cannot au-
thorise the commission Of 4 crime against the
United States or any other act which accord
ing 10 the supreme law of the union would
be otherwise unlawful. And it Is equally
clear, that II there be any case in which 4
stale. rs such. is affected by the law beyond
the scope Of judicial power flaa ra,,,aa j, ..ss