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
construction, to our posterity, and the sacrifices of local interest, of
State prejudices, of personal animosities, that were made to bring it into
existence, will again be patriotically offered for its support.
The two remaining objections made by the ordinance to these laws, are that
the sums intended to be raised by them are greater than are required, and
that the proceeds will be unconstitutionally employed.
The Constitution has given, expressly, to Congress the right of raising
revenue, and of determining the sum the public exigencies will require.
The States have no control over the exercise of this right other than that
which results from the power of changing the representatives who abuse it,
and thus procure redress. Congress may, undoubtedly, abuse this
discretionary power; but the same may be said of others with which they
are vested. Yet the discretion must exist somewhere. The Constitution has
given it to the representatives of all the people, checked by the
representatives of the States, and by the Executive power. The South
Carolina construction gives it to the Legislature or the Convention of a
single State, where neither the people of the different States, nor the
States in their separate capacity, nor the Chief Magistrate elected by the
people, have any representation. Which is the most discreet disposition of
the power? I do not ask you, fellow citizens, which is the constitutional
disposition--that instrument speaks a language not to be misunderstood.
But if you were assembled in general Convention, which would you think the
safest depository of this discretionary power in the last resort? Would
you add a clause giving it to each of the States, or would you sanction
the wise provisions already made by your Constitution? If this should be
the result of your deliberations when providing for the future, are you,
can you be ready, to risk all that we hold dear, to establish, for a
temporary and a local purpose, that which you must acknowledge to be
destructive, and even absurd, as a general provision? Carry out the
consequences of this right vested in the different States, and you must
perceive that the crisis your conduct presents at this day would recur
whenever any law of the United States displeased any of the States, and
that we should soon cease to be a nation.
The ordinance, with the same knowledge of the future that characterizes a
former objection, tells you that the proceeds of the tax will be
unconstitutionally applied. If this could be ascertained with certainty,
the objection would, with more propriety, be reserved for the law so
applying the proceeds, but surely cannot be urged against the laws levying
the duty.
Public-domain text, read in full here on John Shaqi.
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