This, sir, the Constitution itself decides also, by
declaring, "that the judicial power shall extend to all cases arising
under the Constitution and laws of the United States." These two
provisions cover the whole ground. They are, in truth, the keystone of
the arch! With these it is a government, without them a confederation.
In pursuance of these clear and express provisions, Congress
established, at its very first session, in the judicial act, a mode for
carrying them into full effect, and for bringing all questions of
constitutional power to the final decision of the Supreme Court. It
then, sir, became a government. It then had the means of
self-protection; and but for this, it would, in all probability, have
been now among things which are past. Having constituted the Government,
and declared its powers, the people have further said, that, since
somebody must decide on the extent of these powers, the Government shall
itself decide; subject, always, like other popular governments, to its
responsibility to the people. And now, sir, I repeat, how is it that a
State legislature acquires any power to interfere? Who, or what gives
them the right to say to the people: "We, who are your agents and
servants for one purpose, will undertake to decide, that your other
agents and servants, appointed by you for another purpose, have
transcended the authority you gave them!" The reply would be, I think,
not impertinent: "Who made you a judge over another's servants? To their
own masters they stand or fall."
Sir, I deny this power of State legislatures altogether. It cannot stand
the test of examination. Gentlemen may say, that, in an extreme case, a
State government may protect the people from intolerable oppression.
Sir, in such a case the people might protect themselves without the aid
of the State governments. Such a case warrants revolution. It must make,
when it comes, a law for itself. A nullifying act of a State legislature
cannot alter the case, nor make resistance any more lawful. In
maintaining these sentiments, sir, I am but asserting the rights of the
people. I state what they have declared, and insist on their right to
declare it.
They have chosen to repose this power in the General Government, and I
think it my duty to support it like other constitutional powers.
For myself, sir, I do not admit the competency of South Carolina or any
other State to prescribe my constitutional duty; or to settle, between
me an
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