scretion must exist somewhere. The Constitution
has given it to the representatives of all the people, checked by the
representatives of the States and by the Executive power. The South
Carolina construction gives it to the legislature or the convention of a
single State, where neither the people of the different States, nor the
States in their separate capacity, nor the Chief Magistrate elected by
the people have any representation. Which is the most discreet
disposition of the power? I do not ask you, fellow-citizens, which is
the constitutional disposition; that instrument speaks a language not to
be misunderstood. But if you were assembled in general convention, which
would you think the safest depository of this discretionary power in the
last resort? Would you add a clause giving it to each of the States, or
would you sanction the wise provisions already made by your
Constitution? If this should be the result of your deliberations when
providing for the future, are you, can you, be ready to risk all that we
hold dear, to establish, for a temporary and a local purpose, that which
you must acknowledge to be destructive, and even absurd, as a general
provision? Carry out the consequences of this right vested in the
different States, and you must perceive that the crisis your conduct
presents at this day would recur whenever any law of the United States
displeased any of the States, and that we should soon cease to be a
nation.

The ordinance, with the same knowledge of the future that characterizes
a former objection, tells you that the proceeds of the tax will be
unconstitutionally applied. If this could be ascertained with certainty,
the objection would with more propriety be reserved for the law so
applying the proceeds, but surely can not be urged against the laws
levying the duty.

These are the allegations contained in the ordinance. Examine them
seriously, my fellow-citizens; judge for yourselves. I appeal to you to
determine whether they are so clear, so convincing, as to leave no doubt
of their correctness; and even if you should come to this conclusion,
how far they justify the reckless, destructive course which you are
directed to pursue. Review these objections and the conclusions drawn
from them once more. What are they? Every law, then, for raising
revenue, according to the South Carolina ordinance, may be rightfully
annulled, unless it be so framed as no law ever will or can be framed.
Congress have