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
I consider, then, the power to annul a law of the United States, assumed
by one State, _incompatible with the existence of the Union, contradicted
expressly by the letter of the constitution, unauthorized by its spirit,
inconsistent with every principle on which it was founded, and destructive
of the great object for which it was formed_.
After this general view of the leading principle, we must examine the
particular application of it which is made in the ordinance.
The preamble rests its justification on those grounds: It assumes, as a
fact, that the obnoxious laws, although they purport to be laws for
raising revenue, were in reality intended for the protection of
manufactures, which purpose it asserts to be unconstitutional; that the
operation of these laws is unequal; that the amount raised by them is
greater than is required by the wants of the government; and, finally,
that the proceeds are to be applied to objects unauthorized by the
constitution. These are the only causes alleged to justify an open
opposition to the laws of the country, and a threat of seceding from the
Union, if any attempt should be made to enforce them. The first virtually
acknowledges that the law in question was passed under a power expressly
given by the constitution to lay and collect imposts; but its
constitutionality is drawn in question from the _motives_ of those who
passed it. However apparent this purpose may be in the present case,
nothing can be more dangerous than to admit the position that an
unconstitutional purpose, entertained by the members who assent to a law
enacted under a constitutional power, shall make the law void: for how is
that purpose to be ascertained? Who is to make the scrutiny? How often may
bad purposes be falsely imputed--in how many cases are they concealed by
false professions--in how many is no declaration of motive made? Admit
this doctrine, and you give to the States an uncontrolled right to decide,
and every law may be annulled under this pretext. If, therefore, the
absurd and dangerous doctrine should be admitted, that a State may annul
an unconstitutional law, or one that it deems such, it will not apply to
the present case.
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