Select Speeches of Daniel Webster, 1817-1845Webster, Daniel
General
Select Speeches of Daniel Webster, 1817-1845
Webster, Daniel
Speeches, addresses, etc., American
I understand him to maintain this right, as a right existing _under_
the Constitution, not as a right to overthrow it on the ground of
extreme necessity, such as would justify violent revolution.
I understand him to maintain an authority, on the part of the States,
thus to interfere, for the purpose of correcting the exercise of power
by the general government, of checking it, and of compelling it to
conform to their opinion of the extent of its powers.
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.
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." [23]
Public-domain text, read in full here on John Shaqi.
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