Controversy on this theme was superseded a few years later by more acute
sources of irritation--the Embargo and War of 1812. These events fell
with great severity on the commerce of the Northern States, and led to
the passage by the Massachusetts legislature of anti-Embargo
resolutions, declaring that "when the national compact is violated and
the citizens are oppressed by cruel and unauthorized law, this
legislature is bound to interpose its power and wrest from the oppressor
his victim." In this doctrine Daniel Webster concurred. In a speech in
the House of Representatives, December 9, 1814, on the Conscription
Bill, he said:
The operation of measures thus unconstitutional and illegal
ought to be prevented by a resort to other measures which are
both constitutional and legal. It will be the solemn duty of
the State Governments to protect their own authority over their
own militia and to interpose between their own citizens and
arbitrary power.... With the same earnestness with which I now
exhort you to forbear from these measures I shall exhort them
to exercise their unquestionable right of providing for the
security of their own liberties.[2]
The anti-Embargo resolutions were followed by the refusal of both
Massachusetts and Connecticut to allow federal officers to take command
of their militia and by the call for the Hartford Convention. The latter
body recommended to the states represented in it the adoption of
measures to protect their citizens against forcible drafts,
conscriptions, or impressments not authorized by the Constitution--a
phrase which certainly meant that the states were to judge of the
constitutionality of the measures referred to. The conclusion of peace
with Great Britain put an end to this crisis before it came to blows.
On February 26, 1833, Mr. Calhoun, following the Resolutions of '98,
affirmed in the Senate the doctrine that the Government of the United
States was a compact, by which the separate states delegated to it
certain definite powers, reserving the rest; that whenever the general
Government should assume the exercise of powers not so delegated, its
acts would be void and of no effect; and that the said Government was
not the sole judge of the powers delegated to it, but that, as in all
other cases of compact among sovereign parties without any common judge,
each had an equal right to judge for itself, as well of the infraction
as of the mode and measures of redress. This was the stand which South
Carolina took in opposition to the Force Bill of President Jackson's
administration.[3]
Public-domain text, read in full here on John Shaqi.
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