Remarks of Mr. Calhoun of South Carolina on the bill to prevent the interference of certain federal officers in elections: delivered in the Senate of the United States February 22, 1839Calhoun, John C. (John Caldwell)
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Remarks of Mr. Calhoun of South Carolina on the bill to prevent the interference of certain federal officers in elections: delivered in the Senate of the United States February 22, 1839
Calhoun, John C. (John Caldwell)
Constitutional law -- United States; Election law -- United States -- Speeches in Congress; Nullification (States' rights); United States -- Politics and government -- 1837-1841
Having now corrected some of the prominent misrepresentations as to the
nature of this controversy, and given a rapid sketch of the movement of
the State in reference to it, I will next proceed to notice some
objections connected with the ordinance and the proceedings under it.
The first and most prominent of these is directed against what is
called the test oath, which an effort has been made to render odious.
So far from deserving the denunciation that has been levelled against
it, I view this provision of the ordinance as but the natural result of
the doctrines entertained by the State, and the position which she
occupies. The people of Carolina believe that the Union is a union of
States, and not of individuals; that it was formed by the States, and
that the citizens of the several States were bound to it through the
acts of their several States; that each State ratified the Constitution
for itself, and that it was only by such ratification of a State that
any obligation was imposed upon its citizens. Thus believing, it is
the opinion of the people of Carolina that it belongs to the State
which has imposed the obligation to declare, in the last resort, the
extent of this obligation, as far as her citizens are concerned; and
this upon the plain principles which exist in all analogous cases of
compact between sovereign bodies. On this principle the people of the
State, acting in their sovereign capacity in convention, precisely as
they did in the adoption of their own and the Federal Constitution,
have declared, by the ordinance, that the acts of Congress which
imposed duties under the authority to lay imposts, were acts not for
revenue, as intended by the Constitution, but for protection, and
therefore null and void. The ordinance thus enacted by the people of
the State themselves, acting as a sovereign community, is as obligatory
on the citizens of the State as any portion of the Constitution. In
prescribing, then, the oath to obey the ordinance, no more was done
than to prescribe an oath to obey the Constitution. It is, in fact,
but a particular oath of allegiance, and in every respect similar to
that which is prescribed, under the Constitution of the United States,
to be administered to all the officers of the State and Federal
governments; and is no more deserving the harsh and bitter epithets
which have been heaped upon it than that or any similar oath. It ought
to be borne in mind that, according to the opinion which prevails in
Carolina, the right of resistance to the unconstitutional acts of
Congress belongs to the State, and not to her individual citizens; and
that, though the latter may, in a mere question of *meum* and *tuum,*
resist through the courts an unconstitutional encroachment upon their
rights, yet the final stand against usurpation rests not with them, but
with the State of which they are members; and such act of resistance by
a State binds the conscience and allegiance of the citizen. But there
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