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
State may interfere, in a case of deliberate, palpable, and dangerous
exercise of a power not granted. The honorable member supposes the
tariff law to be such an exercise of power; and that consequently a case
has arisen in which the State may, if it see fit, interfere by its own
law. Now it so happens, nevertheless, that Mr. Madison deems this same
tariff law quite constitutional. Instead of a clear and palpable
violation, it is, in his judgment, no violation at all. So that, while
they use his authority in a hypothetical case, they reject it in the
very case before them. All this, sir, shows the inherent futility, I had
almost used a stronger word, of conceding this power of interference to
the State, and then attempting to secure it from abuse by imposing
qualifications of which the States themselves are to judge. One of two
things is true; either the laws of the Union are beyond the discretion
and beyond the control of the States; or else we have no constitution of
general government, and are thrust back again to the days of the
Confederation. * * *
I must now beg to ask, sir, whence is this supposed right of the States
derived? Where do they find the power to interfere with the laws of the
Union? Sir, the opinion which the honorable gentleman maintains, is a
notion founded in a total misapprehension, in my judgment, of the origin
of this government, and of the foundation on which it stands. I hold it
to be a popular government, erected by the people; those who administer
it, responsible to the people; and itself capable of being amended and
modified, just as the people may choose it should be. It is as popular,
just as truly emanating from the people, as the State governments. It is
created for one purpose; the State governments for another. It has its
own powers; they have theirs. There is no more authority with them to
arrest the operation of a law of Congress, than with Congress to arrest
the operation of their laws. We are here to administer a constitution
emanating immediately from the people, and trusted by them to our
administration. It is not the creature of the State governments.
This government, sir, is the independent off-spring of the popular will.
It is not the creature of State legislatures; nay, more, if the whole
truth must be told, the people brought it into existence, established
it, and have hitherto supported it, for the very purpose amongst others,
of imposing certain salutary restraints on State sovereignties. The
States cannot now make war; they cannot contract alliances; they cannot
make, each for itself, separate regulations of commerce; they cannot lay
imposts; they cannot coin money. If this Constitution, sir, be the
creature of State legislatures, it must be admitted that it has obtained
a strange control over the volitions of its creators.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account