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
this, not because congress have no right to pass such laws--this we do not
allege--but because they have passed them with improper views. They are
unconstitutional from the motives of those who passed them, which we can
never with certainty know; from their unequal operation, although it is
impossible, from the nature of things, that they should be equal; and from
the disposition which we presume may be made of their proceeds, although
that disposition has not been declared. This is the plain meaning of the
ordinance, in relation to laws which it abrogates for alleged
unconstitutionality. But it does not stop there. It repeals, in express
terms, an important part of the constitution itself, and of laws passed to
give it effect, which have never been alleged to be unconstitutional. The
constitution declares that the judicial powers of the United States extend
to cases arising under the laws of the United States; and that such laws,
the constitution, and treaties, shall be paramount to the State
constitutions and laws. The judiciary act prescribes the mode by which the
case may be brought before a court of the United States by appeal, when a
State tribunal shall decide against this provision of the constitution.
The ordinance declares that there shall be no appeal, makes the State law
paramount to the constitution and laws of the United States, forces judges
and jurors to swear that they will disregard their provisions, and even
makes it penal in a suitor to attempt relief by appeal. It further
declares, that it shall not be lawful for the authorities of the United
States, or of that State, to enforce the payment of duties imposed by the
revenue laws within its limits.
Here is a law of the United States, not even pretended to be
unconstitutional, repealed by the authority of a small majority of the
voters of a single State. Here is a provision of the constitution, which
is solemnly abrogated by the same authority.
On such expositions and reasonings, the ordinance grounds not only an
assertion of the right to annul the laws, of which it complains, but to
enforce it by a threat of seceding from the Union, if any attempt is made
to execute them.
This right to secede is deduced from the nature of the constitution, which
they say is a compact between sovereign States, who have preserved their
whole sovereignty, and therefore are subject to no superior; that because
they made the compact, they can break it, when, in their opinion, it has
been departed from by the other States. Fallacious as this course of
reasoning is, it enlists State pride, and finds advocates in the honest
prejudices of those, who have not studied the nature of our government
sufficiently to see the radical error, on which it rests.
Public-domain text, read in full here on John Shaqi.
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