A Compilation of the Messages and Papers of the Presidents. Volume 2, part 3: Andrew Jackson, 1st term
History
A Compilation of the Messages and Papers of the Presidents. Volume 2, part 3: Andrew Jackson, 1st term
Jackson, Andrew, 1767-1845; Presidents -- United States; United States -- History -- Sources; United States -- Politics and government
However it may be alleged that a violation of the compact by the
measures of the Government can affect the obligations of the parties, it
can not even be pretended that such violation can be predicated of those
measures until all the constitutional remedies shall have been fully
tried. If the Federal Government exercise powers not warranted by the
Constitution, and immediately affecting individuals, it will scarcely be
denied that the proper remedy is a recourse to the judiciary. Such
undoubtedly is the remedy for those who deem the acts of Congress laying
duties and imposts, and providing for their collection, to be
unconstitutional. The whole operation of such laws is upon the
individuals importing the merchandise. A State is absolutely prohibited
from laying imposts or duties on imports or exports without the consent
of Congress, and can not become a party under these laws without
importing in her own name or wrongfully interposing her authority
against them. By thus interposing, however, she can not rightfully
obstruct the operation of the laws upon individuals. For their
disobedience to or violation of the laws the ordinary remedies through
the judicial tribunals would remain. And in a case where an individual
should be prosecuted for any offense against the laws, he could not set
up in justification of his act a law of the State, which, being
unconstitutional, would therefore be regarded as null and void. The law
of a State can not authorize the commission of a crime against the
United States or any other act which, according to the supreme law of
the Union, would be otherwise unlawful; and it is equally clear that if
there be any case in which a State, as such, is affected by the law
beyond the scope of judicial power, the remedy consists in appeals to
the people, either to effect a change in the representation or to
procure relief by an amendment of the Constitution. But the measures of
the Government are to be recognized as valid, and consequently supreme,
until these remedies shall have been effectually tried, and any attempt
to subvert those measures or to render the laws subordinate to State
authority, and afterwards to resort to constitutional redress, is worse
than evasive. It would not be a proper resistance to "_a government of
unlimited powers_," as has been sometimes pretended, but unlawful
opposition to the very limitations on which the harmonious action of the
Government and all its parts absolutely depends. South Carolina has
appealed to none of these remedies, but in effect has defied them all.
While threatening to separate from the Union if any attempt be made to
enforce the revenue laws otherwise than through the civil tribunals of
the country, she has not only not appealed in her own name to those
tribunals which the Constitution has provided for all cases in law or
equity arising under the Constitution and laws of the United States, but
has endeavored to frustrate their proper action on her citizens by
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