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As it was created to collect taxes held to be unconstitutional, it could not have been popular; but it discharged an ungracious task in an ungracious way; and so singularly ill-judged was its action, that, while it excited odium here, it elicited censure in England. The Commissioners were full believers in the theory that the popular leaders designed insurrection.
Democrats argued that if a tax upon imports was imposed to raise the necessary revenue, that is for the common benefit; but if it was imposed, as it avowedly is imposed in Republican legislation, for the purpose of benefiting certain industries or classes, why that, of course, is not for the common or general benefit and therefore unconstitutional.
The general tenor of their evidence, indeed, was actually in favour of the Corporation, when due allowance is made for the spirit by which they were actuated. Nevertheless, it was upon the report of this one-sided and unconstitutional commission that the late ministry founded their Bill for "the better Regulation of the Corporation of the City of London."
‘You will easily believe that this intelligence gave me considerable surprise, not wholly unmixed with anxiety, and that I lost no time in waiting on Professor Pumpkinskull, and stating the object of my visit. ‘Now I leave this unconstitutional proceeding to your comments and the consideration of your readers.
Webster took the New England position that there was no general power, and having so declared in this speech of 1820, he then went on to show that protection could only come as incidental to revenue, and that, even in this way, it became unconstitutional when the incident was turned into the principle and when protection and not revenue was the object of the duties.
No sooner, however, had the controversy with the mother country reached the acute revolutionary stage, than the forces which had been silently and unconsciously working toward democracy, found an opportunity for political expression. The spirit of resistance to what was regarded as unconstitutional taxation rapidly assumed the form of avowed opposition to the English Constitution itself.
Such a course would, in his opinion, lead directly to an unconstitutional and violent subversion of the sovereign rights of each province, to the advantage of the central government. A religious creed would be forced upon Holland and perhaps upon two other provinces which was repugnant to a considerable majority of the people.
I have touched lightly on the matter, only to give to my readers some idea of my conduct in my own country, where I began to tread a path which was to lead me to a state prison as inscrutable as it was unconstitutional.
He listened to me, silently, his eyes fixed on my face. "Senator Vest of Missouri," I went on, "has always been a strong opponent of what he considered unconstitutional legislation against us, but he tells me he'll no longer oppose proscription if we continue in an attitude of defiance.
Unconstitutional, illegal, and not within the competency of the State, so far as intended to alienate any portion of the national domain and population thereto annexed, they certainly were, and so far were void and of no effect; but so far as intended to take the State simply as a State out of the Union, they were within the competency of the State, were not illegal or unconstitutional, and therefore not null and void.
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