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
unconstitutional, and has a right to prevent their execution in the port
of Charleston, there would be a clear constitutional objection to their
collection in every other port, and no revenue could be collected
anywhere; for all imposts must be equal. It is no answer to repeat, that
an unconstitutional law is no law, so long as the question of its legality
is to be decided by the State itself; for every law operating injuriously
upon any local interest will be perhaps thought, and certainly
represented, as unconstitutional, and, as has been shown, there is no
appeal.
If this doctrine had been established at an earlier day, the Union would
have been dissolved in its infancy. The excise law in Pennsylvania, the
embargo and non-intercourse law in the eastern States, the carriage tax in
Virginia, were all deemed unconstitutional, and were more equal in their
operation than any of the laws now complained of; but fortunately none of
those States discovered that they had the right now claimed by South
Carolina. The war into which we were forced to support the dignity of the
nation and the rights of our citizens, might have ended in defeat and
disgrace instead of victory and honor, if the States who supposed it a
ruinous and unconstitutional measure, had thought they possessed the right
of nullifying the act by which it was declared, and denying supplies for
its prosecution. Hardly and unequally as those measures bore upon several
members of the Union, to the legislatures of none did this efficient and
peaceable remedy, as it is called, suggest itself. The discovery of this
important feature in our constitution was reserved to the present day. To
the statesmen of South Carolina belongs the invention, and upon the
citizens of that State will unfortunately fall the evils of reducing it to
practice.
If the doctrine of a State veto upon the laws of the Union carries with it
internal evidence of its impracticable absurdity, our constitutional
history will also afford abundant proof that it would have been repudiated
with indignation, had it been proposed to form a feature in our
Government.
Public-domain text, read in full here on John Shaqi.
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