Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol II).djvu/557

 CH. XV.] "The two remaining objections made by the Ordinance to these laws are, that the sums intended to be raised by them are greater, than are required, and that the proceeds will be unconstitutionally employed.

"The constitution has given expressly to congress the right of raising revenue, and of determining the sum the public exigencies will require. The states have no control over the exorcise of this right, other than that, which results from the power of changing the representatives who abuse it, and thus procure redress. Congress may undoubtedly abuse this discretionary power, but the same may be said of others, with which they are vested. Yet the discretion must exist somewhere. The constitution has given it to the representatives of all the people, checked by the representatives of the states, and by the executive power. The South-Carolina construction gives it to the legislature or the convention of a single state, where neither the people of the different states, nor the states in their separate capacity, nor the chief magistrate elected by the people, have any representation. Which is the most discreet disposition of the power? I do not ask you, fellow citizens, which is the constitutional disposition; that instrument speaks a language not to be misunderstood. But if you were assembled in general convention, which would you think the safest depository of this discretionary power in the last resort? Would you add a clause, giving it to each of the states, or would you sanction the wise provisions already made by your constitution? If this should be the result of your deliberations, when providing for the future, are you, can you be ready to risk all, that we hold dear, to establish, for a temporary and a local purpose, that, which you must acknowledge to be destructive and even absurd, as a general provision? Carry out the consequences of this right vested in the different states, and you must perceive, that the crisis your conduct presents at this day would recur, whenever any law of the United States displeased any of the states, and that we should soon cease to be a nation.

"The Ordinance, with the same knowledge of the future, that characterizes a former objection, tells you, that the proceeds of the tax will be unconstitutionally applied. If this could be ascertained with certainty, the objection would, with more propriety, be reserved for the law so applying the proceeds; but surely cannot be urged against the laws levying the duty.

"These are the allegations contained in the Ordinance. Examine them seriously, my fellow citizens,—judge for yourselves. I appeal to you to determine, whether they are so clear, so convincing, as to leave no doubt of their correctness; and even if you should come to this conclusion, how far they justify the reckless, destructive course, which you are directed to pursue. Review these objections, and the conclusions drawn from them, once more. What are they? Every law, then, for raising revenue, according to the South-Carolina Ordinance, may be rightfully annulled, unless it be so framed, a? no law ever will or can