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
[Sidenote: Are the States the final judges of the acts of the general
government?]
I understand him to maintain, that the ultimate power of judging of the
constitutional extent of its own authority is not lodged exclusively in
the general government, or any branch of it; but that, on the contrary,
the States may lawfully decide for themselves, and each State for
itself, whether, in a given case, the act of the general government
transcends its power.
I understand him to insist that if the exigency of the case, in the
opinion of any State government, require it, such State government may,
by its own sovereign authority, annul an act of the general government
which it deems plainly and palpably unconstitutional.
[Sidenote: The South Carolina doctrine.]
This is the sum of what I understand from him to be the South Carolina
doctrine, and the doctrine which he maintains. I propose to consider it,
and compare it with the Constitution. Allow me to say, as a preliminary
remark, that I call this the South Carolina doctrine only because the
gentleman himself has so denominated it. I do not feel at liberty to say
that South Carolina, as a State, has ever advanced these sentiments. I
hope she has not, and never may. That a great majority of her people are
opposed to the tariff laws, is doubtless true. That a majority, somewhat
less than that just mentioned, conscientiously believe these laws
unconstitutional, may probably also be true. But that any majority holds
to the right of direct State interference at State discretion, the right
of nullifying acts of Congress by acts of State legislation, is more
than I know, and what I shall be slow to believe.
That there are individuals besides the honorable gentleman who do
maintain these opinions is quite certain. I recollect the recent
expression of a sentiment which circumstances attending its utterance
and publication justify us in supposing was not unpremeditated: "The
sovereignty of the State,--never to be controlled, construed, or decided
on, but by her own feelings of honorable justice."
[Mr. Hayne here rose and said that for the purpose of being clearly
understood, he would state that his proposition was in the words of the
Virginia resolution, as follows:--
"That this assembly doth explicitly and peremptorily declare, that it
views the powers of the Federal government as resulting from the compact
to which the States are parties, as limited by the plain sense and
intention of the instrument constituting that compact, as no farther
valid than they are authorized by the grants enumerated in that compact;
and that, in case of a deliberate, palpable, and dangerous exercise of
other powers not granted by the said compact, the States who are parties
thereto have the right, and are in duty bound, to interpose, for
arresting the progress of the evil, and for maintaining within their
respective limits the authorities, rights, and liberties appertaining to
them."[31]
Mr. Webster resumed:--]
Public-domain text, read in full here on John Shaqi.
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