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Wirt, before the Supreme Federal Court, said that slavery was contrary to the laws of nature and of nations, and that the law of South Carolina concerning seizing colored seamen, was unconstitutional, the Governor directed several reproofs at him. In 1825, Mr.
He took unconstitutional liberties with the person of his sovereign; kicked his fellow-marionnettes in the mouth with his wooden shoes, and whenever none of the versifying suitors were about, made love to Thisbe on his own account in comic prose.
He would "prohibit, under severe penalties, the circulation in the Southern States, through the mail, of incendiary publications intended to instigate the slaves to insurrection." But when Webster and a few Northern leaders objected to such a proceeding as unconstitutional and in derogation of the freedom of the press, the South treated the objection as inimical to Southern interest and security.
The inhabitants had, after a bloody contest, averted the intended massacre and the impending tyranny; but it was not astonishing that so very, few years having elapsed since those tragical events they should be inclined to scan severely the actions of the man who had already obtained by unconstitutional means the mastery of a most important city, and was supposed to harbour designs upon all the cities.
Beginning with the original error, that the Constitution of the United States is nothing but a compact between sovereign States; asserting, in the next step, that each State has a right to be its own sole judge of the extent of its own obligations, and consequently of the constitutionality of laws of Congress; and, in the next, that it may oppose whatever it sees fit to declare unconstitutional, and that it decides for itself on the mode and measure of redress, the argument arrives at once at the conclusion, that what a State dissents from, it may nullify; what it opposes, it may oppose by force; what it decides for itself, it may execute by its own power; and that, in short, it is itself supreme over the legislation of Congress, and supreme over the decisions of the national judicature; supreme over the constitution of the country, supreme over the supreme law of the land.
The religious principle is gaining ground in the northern parts of the Union; it is becoming fashionable among the better orders of society to go to church . . . The greater number of states declare it to be unconstitutional to refer to the providence of God in any of their public acts."
And that they may be the better informed of our sentiments touching the conduct we wish them to observe on this important occasion, we desire that they will express, in the first place, our faith and true allegiance to his majesty King George the Third, our lawful and rightful sovereign; and that we are determined, with our lives and fortunes, to support him in the legal exercise of all his just rights and prerogatives; and however misrepresented, we sincerely approve of a constitutional connection with Great Britain, and wish most ardently a return of that intercourse of affection and commercial connection that formerly united both countries; which can only be effected by a removal of those causes of discontent which have of late unhappily divided us.... The power assumed by the British Parliament to bind America by their statutes, in all cases whatsoever, is unconstitutional, and the source of these unhappy differences."
Corbett, 57 Minn. 345, held that courts were not at liberty to declare a statute unconstitutional because it is thought by them to be unjust or oppressive, or to violate some natural, social, or political right of the citizen, unless it can be shown that such injustice is prohibited, or such rights protected, by the constitution. The Pennsylvania court in Com. v. Moir, 199 Pa.
It was certainly not contemplated by Mr. Lincoln; and it was hardly likely that a President who had been elected by a minority of the people would dare, even if he were so inclined, to assume unconstitutional powers.
There can be no question that James, in thus altering, by his own authority, the terms of all the contracts in the kingdom, assumed a power which belonged only to the whole legislature. Yet the Commons did not remonstrate. There was no power, however unconstitutional, which they were not willing to concede to him, as long as he used it to crush and plunder the English population.
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