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Moore does them an injustice, because it puts a cloud upon their right and title to seats upon this floor. If they are not, then this body would be in part an unconstitutional body if they are admitted. It follows that whoever supports this substitute either wrongs the elect ladies or violates the Constitution.
Hence the Supreme Court declared unconstitutional the ordinance of 1787, prohibiting slavery in what was called the territory of the Northwest, and the so-called Missouri Compromise, prohibiting slavery north of the parallel 36° 30'. The Wilmot proviso was for the same reason unconstitutional.
As long as the unconstitutional acts affected only the political life of the people, many were able to bear it, but when the new rules attacked the time-honored social institutions and customs, indignation could no longer be suppressed. For instance, the order to open private mail caused a general protest. The postal director and his secretary refused to sign the order and resigned.
Davis offers this resolution to authorize the State to repudiate its bonds, and that the Government should look only to this insolvent Bank for the payment of the principal and interest on these bonds, amounting then to over $700,000. It was not alleged by Mr. Davis, or by any other person, that these bonds were unconstitutional. It was a most atrocious case of open repudiation.
More than once has a practical answer been demanded to the question What is to be done by a State or States when, in their estimation, the National Government has transcended its powers and legislated in an unconstitutional manner? Obedience, nullification, or, in the last resort, secession from the Union, have been the various alternatives that have offered themselves to the States.
The chancellor was determined that they should be renewed, while the emperor felt that, with the international congress coming on, he would be handicapped in his rôle of arbitrator, and his good faith would justly be suspected by the socialists were he to consent to the continuance of repressive measures against them that were extra-legal, that is to say, beyond the laws of the land, and as such, strictly speaking, unconstitutional.
Ardently attached to liberty in the abstract, they do not stop to consider practically how the objects they would attain can be accomplished, nor to reflect that, even if the evil were as great as they deem it, they have no remedy to apply, and that it can be only aggravated by their violence and unconstitutional action.
He remained in the House, Sir, through the whole of that Congress; and now, Sir, it is easy to show that, during those two years, the honorable gentleman took a decided lead in all those great measures which he has since so often denounced as unconstitutional and oppressive, the bank, the tariff, and internal improvements.
State legislatures were emboldened to pass mischievous and restrictive laws, and much of my time began to be occupied in inducing, by various means, our courts to declare these unconstitutional. How we sighed for a business man or a lawyer in the White House!
The faith of South Carolina is strengthened by opposition, and she now not only sees, but resolves, that the tariff is palpably unconstitutional, oppressive, and dangerous; but Pennsylvania, not to be behind her neighbors, and equally willing to strengthen her own faith by a confident asseveration resolves, also, and gives to every warm affirmative of South Carolina, a plain, downright, Pennsylvania negative.
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