Select Speeches of Daniel Webster, 1817-1845Webster, Daniel
General
Select Speeches of Daniel Webster, 1817-1845
Webster, Daniel
Speeches, addresses, etc., American
does not affect the proposition that this whole government, President,
Senate, and House of Representatives, is a popular government. It
leaves it still all its popular character. The governor of a State (in
some of the States) is chosen, not directly by the people, but by those
who are chosen by the people, for the purpose of performing, among
other duties, that of electing a governor. Is the government of the
State, on that account, not a popular government? This government, Sir,
is the independent offspring 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.
The people, then, Sir, erected this government. They gave it a
Constitution, and in that Constitution they have enumerated the powers
which they bestow on it. They have made it a limited government. They
have defined its authority. They have restrained it to the exercise of
such powers as are granted; and all others, they declare, are reserved
to the States or the people. But, Sir, they have not stopped here. If
they had, they would have accomplished but half their work. No
definition can be so clear, as to avoid possibility of doubt; no
limitation so precise as to exclude all uncertainty. Who, then, shall
construe this grant of the people? Who shall interpret their will,
where it may be supposed they have left it doubtful? With whom do they
repose this ultimate right of deciding on the powers of the government?
Sir, they have settled all this in the fullest manner. They have left
it with the government itself, in its appropriate branches. Sir, the
very chief end, the main design, for which the whole Constitution was
framed and adopted, was to establish a government that should not be
obliged to act through State agency, or depend on State opinion and
State discretion. The people had had quite enough of that kind of
government under the Confederation. Under that system, the legal
action, the application of law to individuals, belonged exclusively to
the States. Congress could only recommend; their acts were not of
binding force, till the States had adopted and sanctioned them. Are we
in that condition still? Are we yet at the mercy of State discretion
and State construction? Sir, if we are, then vain will be our attempt
to maintain the Constitution under which we sit.
Public-domain text, read in full here on John Shaqi.
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