Daniel Webster for Young Americans: Comprising the greatest speeches of the defender of the ConstitutionWebster, Daniel
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Daniel Webster for Young Americans: Comprising the greatest speeches of the defender of the Constitution
Webster, Daniel
Readers; Speeches, addresses, etc., American
Direct collision, therefore, between force and force, is the unavoidable
result of that remedy for the revision of unconstitutional laws which
the gentleman contends for. It must happen in the very first case to
which it is applied. Is not this the plain result? To resist by force
the execution of a law, generally, is treason. Can the courts of the
United States take notice of the indulgence of a State to commit
treason? The common saying that a State cannot commit treason herself,
is nothing to the purpose. Can she authorize others to do it? If John
Fries had produced an act of Pennsylvania, annulling the law of
Congress, would it have helped his case? Talk about it as we will, these
doctrines go the length of revolution. They are incompatible with any
peaceable administration of the government. They lead directly to
disunion and civil commotion; and therefore it is, that at their
commencement, when they are first found to be maintained by respectable
men, and in a tangible form, I enter my public protest against them all.
The honorable gentleman argues, that, if this government be the sole
judge of the extent of its own powers, whether that right of judging be
in Congress or the Supreme Court, it equally subverts State sovereignty.
This the gentleman sees, or thinks he sees, although he cannot perceive
how the right of judging in this matter, if left to the exercise of
State legislatures, has any tendency to subvert the government of the
Union. The gentleman's opinion may be that the right _ought not_ to have
been lodged with the general government; he may like better such a
constitution as we should have under the right of State interference;
but I ask him to meet me on the plain matter of fact. I ask him to meet
me on the Constitution itself. I ask him if the power is not found
there, clearly and visibly found there?
[Sidenote: The Constitution alterable by the people, not by the States.]
But, Sir, what is this danger, and what are the grounds of it? Let it be
remembered that the Constitution of the United States is not
unalterable. It is to continue in its present form no longer than the
people who established it shall choose to continue it. If they shall
become convinced that they have made an injudicious or inexpedient
partition and distribution of power between the State governments and
the general government, they can alter that distribution at will.
Public-domain text, read in full here on John Shaqi.
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