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
"It is too plain to be argued. Four and twenty interpreters of
constitutional law, each with a power to decide for itself, and none
with authority to bind anybody else, and this constitutional law the
only bond of their union! What is such a state of things but a mere
connection during pleasure, or, to use the praseology of the times,
_during feeling_? And that feeling, too, not the feeling of the people
who established the constitution, but the feeling of the State
governments."
In referring to remarks made by Mr. Hayne, concerning what Mr. Hillhouse
should have said about not being bound to obey an unconstitutional law,
Mr. Webster says:
"He quotes that distinguished senator as saying, that in his judgment
the embargo law was unconstitutional, and that, therefore, in his
opinion, the people were not bound to obey it.
"That, sir, is perfectly constitutional language. As unconstitutional
law is not binding; _but then it does not rest with a resolution or a
law of a State legislature to decide whether an act of congress be or
be not constitutional_. An unconstitutional act of congress would not
bind the people of this District although they have no legislature to
interfere in their behalf; and, on the other hand, a constitutional
law of congress does bind the citizens of every State, although all
their legislatures should undertake to annul it, by act or resolution.
The venerable Connecticut senator is a constitutional lawyer, of sound
principles and enlarged knowledge; a statesman practiced and
experienced, bred in the company of Washington, and holding just views
upon the nature of our governments. He believed the embargo
unconstitutional, and so did others; but what then? Who did he suppose
was to decide that question? The State legislature? Certainly not. No
such sentiment ever escaped his lips."
Mr. Webster went on to ask from whence this supposed right of the States
came? Where did they get the power to interfere with the laws of the
Union? He contended that the notion was founded in a misapprehension of
the origin of this government and of the foundation on which it stands. I
hold, said he, this to be a popular government, erected by the people,
those who administer it responsible to the people, and itself capable of
being amended and modified just as the people may choose it should be.
Public-domain text, read in full here on John Shaqi.
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