FREE BOOKS

Author's List




PREV.   NEXT  
|<   118   119   120   121   122   123   124   125   126   127   128   129   130   131   132   133   134   135   136   137   138   139   140   141   142  
143   144   145   146   147   148   149   150   151   152   153   154   155   156   157   158   159   160   161   162   163   164   165   166   167   >>   >|  
ng against the consolidation of the Government as the worst of evils. . . . . . The Senator from Massachusetts, in denouncing what he is pleased to call the Carolina doctrine, has attempted to throw ridicule upon the idea that a State has any constitutional remedy, by the exercise of its sovereign authority, against "a gross, palpable, and deliberate violation of the Constitution." He calls it "an idle" or "a ridiculous notion," or something to that effect, and added, that it would make the Union a "mere rope of sand." Now, sir, as the gentleman has not condescended to enter into any examination of the question, and has been satisfied with throwing the weight of his authority into the scale, I do not deem it necessary to do more than to throw into the opposite scale the authority on which South Carolina relies; and there, for the present, I am perfectly willing to leave the controversy. . . . . . . . . . . The doctrine that it is the right of a State to judge of the violations of the Constitution on the part of the Federal Government, and to protect her citizens from the operations of unconstitutional laws, was held by the enlightened citizens of Boston, who assembled in Faneuil Hall, on the 25th of January, 1809. They state, in that celebrated memorial, that "they looked only to the State Legislature, which was competent to devise relief against the unconstitutional acts of the General Government. That your power (say they) is adequate to that object, is evident from the organization of the confederacy." . . . . [Illustration: ~University of North Carolina.~] Thus it will be seen, Mr. President, that the South Carolina doctrine is the Republican doctrine of '98,--that it was promulgated by the fathers of the faith,--that it was maintained by Virginia and Kentucky in the worst of times,--that it constituted the very pivot on which the political revolution of that day turned,--that it embraces the very principles, the triumph of which, at that time, saved the Constitution "at its last gasp," and which New England statesmen were not unwilling to adopt when they believed themselves to be the victims of unconstitutional legislation. Sir, as to the doctrine that the Federal Government is the exclusive judge of the extent as well as the limitations of its power, it seems to me to be utterly perversive of the sovereignty and independence of the States. It makes but little difference, in my estimation, whether Congres
PREV.   NEXT  
|<   118   119   120   121   122   123   124   125   126   127   128   129   130   131   132   133   134   135   136   137   138   139   140   141   142  
143   144   145   146   147   148   149   150   151   152   153   154   155   156   157   158   159   160   161   162   163   164   165   166   167   >>   >|  



Top keywords:

doctrine

 

Government

 
Carolina
 

Constitution

 

authority

 

unconstitutional

 

citizens

 

Federal

 

fathers

 
promulgated

President
 

Republican

 

Virginia

 
political
 
revolution
 

consolidation

 

constituted

 
Kentucky
 

maintained

 
relief

General

 
devise
 
competent
 

looked

 

Legislature

 

confederacy

 
Illustration
 

University

 

organization

 
evident

adequate
 

object

 

embraces

 

utterly

 

perversive

 

sovereignty

 

independence

 

extent

 

limitations

 
States

estimation
 
Congres
 

difference

 

exclusive

 

principles

 
triumph
 

England

 

statesmen

 

victims

 

legislation