American Eloquence, Volume 1: Studies In American Political History (1896)
History
American Eloquence, Volume 1: Studies In American Political History (1896)
Speeches, addresses, etc., American; United States -- History; United States -- Politics and government
But, sir, our authorities do not stop here. The State of Kentucky
responded to Virginia, and on the 10th of November, 1798, adopted those
celebrated resolutions, well known to have been penned by the author of
the Declaration of American Independence. In those resolutions, the
Legislature of Kentucky declare, "that the government created by this
compact was not made the exclusive or final judge of the extent of the
power delegated to itself, since that would have made its discretion,
and not the Constitution, the measure of its powers; but that, as in all
other cases of compact among parties having no common judge, each party
has an equal right to judge for itself as well of infractions as of the
mode and measure of redress." * * *
Sir, at that day the whole country was divided on this very question. It
formed the line of demarcation between the federal and republican
parties; and the great political revolution which then took place turned
upon the very questions involved in these resolutions. That question was
decided by the people, and by that decision the Constitution was, in the
emphatic language of Mr. Jefferson, "saved at its last gasp." I should
suppose, sir, it would require more self-respect than any gentleman here
would be willing to assume, to treat lightly doctrines derived from such
high sources. Resting on authority like this, I will ask, gentlemen,
whether South Carolina has not manifested a high regard for the Union,
when, under a tyranny ten times more grievous than the alien and
sedition laws, she has hitherto gone no further than to petition,
remonstrate, and to solemnly protest against a series of measures which
she believes to be wholly unconstitutional and utterly destructive of
her interests. Sir, South Carolina has not gone one step further than
Mr. Jefferson himself was disposed to go, in relation to the present
subject of our present complaints--not a step further than the statesmen
from New England were disposed to go under similar circumstances; no
further than the Senator from Massachusetts himself once considered as
within "the limits of a constitutional opposition." The doctrine that it
is the right of a State to judge of the violations of the Constitution
on the part of the Federal Government, and to protect her citizens from
the operations of unconstitutional laws, was held by the enlightened
citizens of Boston, who assembled in Faneuil Hall, on the 25th of
January, 1809. They state, in that celebrated memorial, that "they
looked only to the State Legislature, which was competent to devise
relief against the unconstitutional acts of the General Government. That
your power (say they) is adequate to that object, is evident from the
organization of the confederacy." * * *
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