The Crisis of Eighteen Hundred and Sixty-One in the Government of the United States.: Its Cause, and How It Should Be MetStreight, Abel D.
History
The Crisis of Eighteen Hundred and Sixty-One in the Government of the United States.: Its Cause, and How It Should Be Met
Streight, Abel D.
Secession; United States -- Politics and government -- 1857-1861
Strict duty would require of me nothing more than the exercise of those
powers with which I am now, or may hereafter be invested, for preserving
the peace of the Union, and for the execution of the laws. But the
imposing aspect which opposition has assumed in this case, by clothing
itself with State authority, and the deep interest which the people of the
United States must all feel in preventing a resort to stronger measures,
while there is a hope that anything will be yielded to reasoning and
remonstrance, perhaps demand, and will certainly justify, a full
exposition to South Carolina and the nation of the views I entertain of
this important question, as well as a distinct enunciation of the course
which my sense of duty will require me to pursue.
The ordinance is founded, not on the indefeasible right of resisting acts
which are plainly unconstitutional, and too oppressive to be endured; but
on the strange position that any one State may not only declare an act of
congress void, but prohibit its execution--that they may do this
consistently with the constitution--that the true construction of that
instrument permits a State to retain its place in the Union, and yet be
bound by no other of its laws than those it may choose to consider as
constitutional. It is true, they add, that to justify this abrogation of a
law, it must be palpably contrary to the constitution; but it is evident,
that, to give the right of resisting laws of that description, coupled
with the uncontrolled right to decide what laws deserve that character, is
to give the power of resisting all laws. For, as by the theory, there is
no appeal, the reasons alleged by the State, good or bad must prevail. If
it should be said that public opinion is a sufficient check against the
abuse of this power, it may be asked why it is not deemed a sufficient
guard against the passage of an unconstitutional act by congress? There
is, however, a restraint in this last case, which makes the assumed power
of a State more indefensible, and which does not exist in the other. There
are two appeals from an unconstitutional act passed by congress--one to
the judiciary, the other to the people and the States. There is no appeal
from the State decision in theory, and the practical illustration shows
that the courts are closed against an application to review it, both
judges and jurors being sworn to decide in its favor. But reasoning on
this subject is superfluous, when our social compact, in express terms,
declares that the laws of the United States, its constitution, and
treaties made under it, are the supreme law of the land; and, for greater
caution, adds "that the judges in every State shall be bound thereby,
anything in the constitution or laws of any State to the contrary
notwithstanding." And it may be asserted without fear of refutation, that
no federal government could exist without a similar provision. Look for a
moment to the consequence. If South Carolina considers the revenue laws
Public-domain text, read in full here on John Shaqi.
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