Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1833-01-19

otherwise secured, anu when Wey "a" Wv "
without greater injury To others, 10 aos"'e 'he"
selves from their Obligations to the oosethmeu'
and appeal to the last resort, needs ho'' vi "'e
present occasion, be denied. -
The existence Of this right, however, must de-
mend uppn the causes which may justify its exer-
else. IL is the ,aliima ratio, which presupposes
that the proper appeals to all other means of re-
dress have been made in good faith, and whieh
can never be rIgh,fully resorted to unless u oe
unavoidable Ii is not the right Of the state out
of the individual, aud Of all the individuals u, the
State. 1t is the right Of mankind general 10
secure, by all means in their power, the bless
inss Of liberty and happiness; but "hen' TOR
these purposes, any body Of men have vo'untarl.
Nv associated themselves under peculiar form OF
government, no portion Of them can dissolve the
association without acknowledging the corrrla-
tive right in the remainder to decide whether
that dissolution can te permitted consistent with
The general happiness. In this view, II IS a right
dependent upon the power 10 enforce u Such
a right. though it NAV be admitted to pre- exist
and cannot be wholly surrendered, Is necessar'-
~ subjected to limitations in all free govern
ments. and in compacts OF all Kinds, freely ana
voluntarily entered into. and in which the inter-
est and welfare Of the individual become ldenti-
fed with those Of the community OF which he IS
member. In compacts between Individuais.
however deeply they may affect their relations
these principles are acknowledged to create
sacred obligation; and in compacts OF civil 90
vernment, involving the liberties and happiness
Of millions of mankind, that obligation cannot be
less
Without adverting to the particular theories to
which the federal compact has given rise both as
TO its formation aud the parties to IL, and with.
out nquiling whether it be merely federal, OF
SOC ai or national, il is sufficient that il must be
admitted to be a compact, and to possess the ob
legations incident to a compact; to lie " a com
pact bS which power is created on the one hand,
and obedience exacted on the other: compact
freely, voluntarily, and solemnIy entered into
BY the several States, and ratified BY the people
thereof, respectively; compact by which the
several States. aud the people thereof, resPec-
lively, have bound themselves to each other. and
to the Federal Government, and by which the
Federal Government IS bound 10 the several
States. and every citizen Of the United States !"
TO this compact, in whatever mode Vt may have
been done, The people of South Carolina have
freely and voluntarily given their assent; and TO
the whole, and every part OF it, they are. upon
every principle of good faith, in'iolably bound
Under this obligation they are bound, and should
he required to contribute their portion OF the
public expense, and to submit to all laws made
by the common consent, in pursuance OF the Con
stitutlon, for the common defence and general
welfare, until they can BE- changed IN the mode
which the compact has provided tor the attain
ment OF ihuse great ends OF the Government and
the Uniun. Nothing less than causes which
would Justify revolutionary remedy. can absoVe
the people from this obligation: and for nothing
less can the Government permit it to be done
without violating lt> own obligations, BY which.
under the compact II j, bound TO the o'ner States,
and 10 every citizen OF the United States.
These deductions plainl, flow from the nature
of the federal compact, which is one at limita-
tons. not only upon the powers originally pos.
sessed by the parties thereto, but also upon those
conferred on The government, and every depart.
ment thereof Ii will be freely conceded that,
by the principles of our system, all power is vest.
ed in the people: but TO be exercised in the mode
and subject to the checks which the people them
selves have prescribed. Tl~se checks are. un-
doubtcdly. only different notifications of the
same great popular principles which lie at the
foundation ut the whole, but are not, on that &C.
count to be less regarded or less obligatory
Upon the power of Congress, the veto OF the
Executive and the authority of the Judiciary,
which is to extend to all cases in law and Equity,
arising under the Constitution and the Laws OF
tie United States made in pursuance thereof,
the obvious checks; and the sound action OF pub.
lie opinion, with the ultimate power OF amenl.
ment. are the saluary and only Limitations upon
The powers of the whole.
However it may be alleged that violation Of
the compact by the measures 0 the Government
can affect the obligations of the parties. it
not even be pretended that such vIuIatiun can BE-
predicated of those measures until all the consti.
tutional remedies shall be fully tried. Ii the
Federal Government exercise powers not war.
ranted by the Constitution, and Immediately al.
fecring individuals, it will scarcely be denied
that the proper remedy is a recourse to the judi.
ciary. Such, undoubtedly. is the remedy tor
those who deem the acts of Congress laying du.
ties and imposts and providing for their colIec-
ton, to be unconstitutional. The whole opera.
ton Of such laws is upon the individuals i'm port
ing the merchandise; State is absolutely pro.
hibited from laying impost Or duties on imports
or exports without the consent of Congress, and
cannot be, ONE party under these laws without
importing in her own name. or wroDgful.y inter.
posing her authority against them. BY thus in