In vain have these sages declared that congress shall have power to lay

and collect taxes, duties, imposts, and excises; in vain have they

provided that they shall have power to pass laws, which shall be necessary

and proper to carry those powers into execution; that those laws and that

constitution shall be the "supreme law of the land, and that the judges in

every State shall be bound thereby, anything in the constitution or laws

of any State to the contrary notwithstanding." In vain have the people of

the several States solemnly sanctioned these provisions, made them their

paramount law, and individually sworn to support them whenever they were

called on to execute any office. Vain provisions! ineffectual

restrictions! vile profanation of oaths! miserable mockery of legislation!

if the bare majority of the voters in any one State may, on a real or

supposed knowledge of the intent with which a law has been passed, declare

themselves free from its operation--say here it gives too little, there

too much, and operates unequally--here it suffers articles to be free that

ought to be taxed--there it taxes those that ought to be free--in this

case the proceeds are intended to be applied to purposes which we do not

approve--in that the amount raised is more than is wanted. Congress, it is

true, are invested by the constitution with the right of deciding these

questions according to their sound discretion; congress is composed of the

representatives of all the States, and of all the people of all the

States; but we, part of the people of one State, to whom the constitution

has given no power on the subject, from whom it has expressly taken it

away--we, who have solemnly agreed that this constitution shall be our

law--we, most of whom have sworn to support it--we now abrogate this law,

and swear and force others to swear that it shall not be obeyed; and we do

this, not because congress have no right to pass such laws--this we do not

allege--but because they have passed them with improper views. They are

unconstitutional from the motives of those who passed them, which we can

never with certainty know; from their unequal operation, although it is

impossible, from the nature of things, that they should be equal; and from

the disposition which we presume may be made of their proceeds, although

that disposition has not been declared. This is the plain meaning of the

ordinance, in relation to laws which it abrogates for alleged

unconstitutionality. But it does not stop there. It repeals, in express

terms, an important part of the constitution itself, and of laws passed to

give it effect, which have never been alleged to be unconstitutional. The

constitution declares that the judicial powers of the United States extend

to cases arising under the laws of the United States; and that such laws,

the constitution, and treaties, shall be paramount to the State

constitutions and laws. The judiciary act prescribes the mode by which the

case may be brought before a court of the United States by appeal, when a

State tribunal shall decide against this provision of the constitution.

The ordinance declares that there shall be no appeal, makes the State law

paramount to the constitution and laws of the United States, forces judges

and jurors to swear that they will disregard their provisions, and even

makes it penal in a suitor to attempt relief by appeal. It further

declares, that it shall not be lawful for the authorities of the United

States, or of that State, to enforce the payment of duties imposed by the

revenue laws within its limits.

Here is a law of the United States, not even pretended to be

unconstitutional, repealed by the authority of a small majority of the

voters of a single State. Here is a provision of the constitution, which

is solemnly abrogated by the same authority.

On such expositions and reasonings, the ordinance grounds not only an

assertion of the right to annul the laws, of which it complains, but to

enforce it by a threat of seceding from the Union, if any attempt is made

to execute them.

This right to secede is deduced from the nature of the constitution, which

they say is a compact between sovereign States, who have preserved their

whole sovereignty, and therefore are subject to no superior; that because

they made the compact, they can break it, when, in their opinion, it has

been departed from by the other States. Fallacious as this course of

reasoning is, it enlists State pride, and finds advocates in the honest

prejudices of those, who have not studied the nature of our government

sufficiently to see the radical error, on which it rests.

The people of the United States formed the constitution, acting through

the State legislatures in making the compact, to meet and discuss its

provisions, and acting in separate conventions, when they ratified those

provisions; but the terms used in its construction, show it to be a

government, in which the people of all the States collectively are

represented. We are _one people_ in the choice of president and vice

president. Here the States have no other agency, than to direct the mode

in which the votes shall be given. The candidates having a majority of all

the votes are chosen. The electors of a majority of States may have given

their votes for one candidate, and yet another may be chosen. The people,

then, and not the States, are represented in the executive branch.

In the house of representatives there is this difference, that the people

of one State do not, as in the case of president and vice president, all

vote for the same officers. The people of all the States do not vote for

all the members, each State electing only its own representatives. But

this creates no material distinction. When chosen, they are all

representatives of the United States, not representatives of the

particular State from whence they come. They are paid by the United

States, not by the State; nor are they accountable to it for any act done

in the performance of their legislative functions; and however they may in

practice, as it is their duty to do, consult and prefer the interests of

their particular constituents, when they come in conflict with any other

partial or local interest, yet it is their first and highest duty, as a

representative of the United States, to promote the general good.

The constitution of the United States, then, forms a _government_, not a

league; and whether it be formed by compact between the States, or in any

other manner, its character is the same. It is a government, in which all

the people are represented, which operates directly on the people

individually, not upon the States; they retained all the power they did

not grant. But each State having expressly parted with so many powers, as

to constitute jointly with the other States a single nation, cannot from

that period possess any right to secede, because such secession does not

break a league, but destroys the unity of a nation; and any injury to that

unity is not only a breach, which would result from the contravention of a

compact, but it is an offence against the whole Union. To say that any

State may at pleasure secede from the Union, is to say that the United

States are not a nation; because it would be a solecism to contend, that

any part of a nation might dissolve its connection with the other parts,

to their injury or ruin, without committing any offence. Secession, like

any other revolutionary act, may be morally justified by the extremity of

oppression; but to call it a constitutional right, is confounding the

meaning of terms; and can only be done through gross error, or to deceive

those, who are willing to assert a right, but would pause before they made

a revolution, or incur the penalties consequent on a failure.

Because the Union was formed by compact, it is said the parties to that

compact may, when they feel themselves aggrieved, depart from it; but it

is precisely because it is a compact, that they cannot. A compact is an

agreement, or binding obligation. It may, by its terms, have a sanction or

penalty for its breach, or it may not. If it contains no sanction, it may

be broken with no other consequence than moral guilt; if it have a

sanction, then the breach incurs the designated or implied penalty. A

league between independent nations generally has no sanction, other than a

moral one; or, if it should contain a penalty, as there is no common

superior, it cannot be enforced. A government, on the contrary, always

has a saction, express or implied; and in our case, it is both necessarily

implied, and expressly given. An attempt by force of arms to destroy a

government, is an offence, by whatever means the constitutional compact

may have been formed; and such government has the right, by the law of

self-defence, to pass acts for punishing the offender, unless that right

is modified, restrained, or resumed by the constitutional act. In our

system, although it is modified in the case of treason, yet authority is

expressly given to pass all laws necessary to carry its powers into

effect, and under this grant provision has been made for punishing acts,

which obstruct the due administration of the laws.

It would seem superfluous to add anything to show the nature of that

Union, which connects us; but as erroneous opinions on this subject are

the foundation of doctrines the most destructive to our peace, I must give

some further development to my views on this subject. No one,

fellow-citizens, has a higher reverence for the reserved rights of the

States, than the magistrate, who now addresses you. No one would make

greater personal sacrifices, or official exertions to defend them from

violation; but equal care must be taken to prevent, on their part, an

improper interference with, or resumption of the rights they have vested

in the nation. The line has not been so distinctly drawn, as to avoid

doubts in some cases of the exercise of power. Men of the best intentions,

and soundest views, may differ in their construction of some parts of the

constitution; but there are others, on which dispassionate reflection can

leave no doubt. Of this nature appears to be the assumed right of

secession. It rests, as we have seen, on the alleged undivided sovereignty

of the States, and on their having formed, in this sovereign capacity, a

compact, which is called the constitution, from which, because they made

it, they have the right to secede. Both of these positions are erroneous,

and some of the arguments to prove them so have been anticipated.

The States severally have not retained their entire sovereignty. It has

been shown, that, in becoming parts of a nation, not members of a league,

they surrendered many of their essential parts of sovereignty. The right

to make treaties, declare war, levy taxes, exercise exclusive judicial

and legislative powers, were all of them functions of sovereign power. The

States, then, for all these purposes, were no longer sovereign. The

allegiance of their citizens was transferred, in the first instance, to

the government of the United States; they became American citizens, and

owed obedience to the constitution of the United States, and to laws made

in conformity with the powers it vested in congress. This last position

has not been, and cannot be denied. How, then, can that State be said to

be sovereign and independent whose citizens owe obedience to laws not made

by it, and whose magistrates are sworn to disregard those laws when they

come in conflict with those passed by another? What shows conclusively

that the States cannot be said to have reserved an undivided sovereignty,

is, that they expressly ceded the right to punish treason, not treason

against their separate power, but treason against the United States.

Treason is an offence against _sovereignty_, and sovereignty must reside

with the power to punish it. But the reserved rights of the States are not

less sacred because they have, for their common interest, made the general

government the depository of these powers.

The unity of our political character (as has been shown for another

purpose) commenced with its very existence. Under the royal government we

had no separate character: our opposition to its oppressions began as

_united colonies_. We were the _United States_ under the confederation,

and the name was perpetuated, and the Union rendered more perfect by the

federal constitution. In none of these stages did we consider ourselves in

any other light than as forming one nation. Treaties and alliances were

made in the name of all. Troops were raised for the joint defence. How,

then, with all these proofs, that under all changes of our position we

had, for designated purposes and with defined powers, created national

governments; how is it, that the most perfect of those several modes of

union should now be considered as a mere league, that may be dissolved at

pleasure? It is from an abuse of terms. "Compact" is used as synonymous

with "league," although the true term is not employed, because it would

at once show the fallacy of the reasoning. It would not do to say, that

our constitution was only a league; but it is labored to prove it a

compact, (which in one sense it is,) and then to argue, that, as a league

is a compact, every compact between nations must of course be a league,

and that from such an engagement every sovereign power has a right to

recede. But it has been shown, that in this sense the States are not

sovereign, and that even if they were, and the national constitution had

been formed by compact, there would be no right in any one State to

exonerate itself from its obligations.

So obvious are the reasons, which forbid this secession, that it is

necessary only to allude to them. The Union was formed for the benefit of

all. It was produced by mutual sacrifices of interests and opinions. Can

those sacrifices be recalled? Can the States, who magnanimously

surrendered their title to the territories of the west, recall the grant?

Will the inhabitants of the inland States agree to pay the duties, that

may be imposed without their assent, by those on the Atlantic or the Gulf,

for their own benefit? Shall there be a free port in one State, and

onerous duties in another? No one believes, that any right exists, in a

single State, to involve the others in these and countless other evils,

contrary to the engagements solemnly made. Every one must see, that the

other States, in self-defence, must oppose it at all hazards.

These are the alternatives, that are presented by the convention: A repeal

of all the acts for raising revenue, leaving the government without the

means of support; or an acquiescence in the dissolution of our Union by

the secession of one of its members. When the first was proposed, it was

known, that it could not be listened to for a moment. It was known, if

force was applied to oppose the execution of the laws, that it must be

repelled by force; that congress could not, without involving itself in

disgrace, and the country in ruin, accede to the proposition; and yet, if

this is not done on a given day, or if any attempt is made to execute the

laws, the State is, by the ordinance, declared to be out of the Union. The

majority of a convention assembled for the purpose have dictated these

terms, or rather this rejection of all terms, in the name of the people

of South Carolina. It is true, that the governor of the State speaks of

the submission of their grievances to a convention of all the States,

which, he says, they "sincerely and anxiously seek and desire." Yet this

obvious and constitutional mode of obtaining the sense of the other

States, on the construction of the federal compact, and amending it if

necessary, has never been attempted by those, who have urged the State on

to this destructive measure. The State might have proposed the call for a

general convention to the other States; and congress, if a sufficient

number of them concurred, must have called it. But the first magistrate of

South Carolina, when he expressed a hope, that, "on a review by congress

and the functionaries of the general government of the merits of the

controversy," such a convention will be accorded to them, must have known,

that neither congress, nor any functionary of the general government, has

authority to call such a convention, unless it be demanded by two-thirds

of the States. This suggestion, then, is another instance of the reckless

inattention to the provisions of the constitution, with which this crisis

has been madly hurried on; or of the attempt to persuade the people, that

a constitutional remedy had been sought and refused. If the legislature of

South Carolina "anxiously desire" a general convention to consider their

complaints, why have they not made application for it, in the way the

constitution points out? The assertion, that they "earnestly seek" it, is

completely negatived by the omission.

This, then, is the position in which we stand. A small majority of the

citizens of one State in the Union have elected delegates to a State

Convention; that Convention has ordained that all the revenue laws of the

United States must be repealed, or that they are no longer a member of

this Union. The Governor of that State has recommended to the Legislature

the raising of an army to carry the secession into effect, and that he may

be empowered to give clearances to vessels in the name of the State. No

act of violent opposition to the laws has yet been committed, but such a

state of things is hourly apprehended; and it is the intent of this

instrument to proclaim, not only that the duty imposed on me by the

Constitution "to take care that the laws be faithfully executed," shall be

performed to the extent of the powers already vested in me by law, or of

such others as the wisdom of Congress shall devise and entrust to me for

that purpose, but to warn the citizens of South Carolina who have been

deluded into an opposition to the laws, of the danger they will incur by

obedience to the illegal and disorganizing ordinance of the Convention; to

exhort those who have refused to support it to persevere in their

determination to uphold the Constitution and laws of their country; and to

point out to all the perilous situation into which the good people of that

State have been led, and that the course they are urged to pursue is one

of ruin and disgrace to the very State whose rights they affect to

support.

Fellow citizens of my native State, let me not only admonish you, as the

First Magistrate of our common country, not to incur the penalty of its

laws, but use the influence that a father would over his children whom he

saw rushing to certain ruin. In that paternal language, with that paternal

feeling, let me tell you, my countrymen, that you are deluded by men who

are either deceived themselves, or wish to deceive you. Mark under what

pretences you have been led on to the brink of insurrection and treason,

on which you stand! First, a diminution of the value of your staple

commodity, lowered by over production in other quarters, and the

consequent diminution in the value of your lands, were the sole effect of

the tariff laws.

The effect of those laws was confessedly injurious, but the evil was

greatly exaggerated by the unfounded theory you were taught to believe,

that its burthens were in proportion to your exports, not to your

consumption of imported articles. Your pride was roused by the assertion

that a submission to those laws was a state of vassalage, and that

resistance to them was equal, in patriotic merit, to the opposition our

fathers offered to the oppressive laws of Great Britain. You were told

that this opposition might be peaceably--might be constitutionally made;

that you might enjoy all the advantages of the Union, and bear none of its

burthens. Eloquent appeals to your passions, to your State pride, to your

native courage, to your sense of real injury, were used to prepare you for

the period when the mask, which concealed the hideous features of

disunion, should be taken off. It fell, and you were made to look with

complacency on objects which, not long since, you would have regarded with

horror. Look back to the arts which have brought you to this state--look

forward to the consequences to which it must inevitably lead! Look back to

what was first told you as an inducement to enter into this dangerous

course. The great political truth was repeated to you, that you had the

revolutionary right of resisting all laws that were palpably

unconstitutional and intolerably oppressive; it was added that the right

to nullify a law rested on the same principle, but that it was a peaceable

remedy! This character which was given to it, made you receive, with too

much confidence, the assertions that were made of the unconstitutionality

of the law and its oppressive effects. Mark, my fellow citizens, that, by

the admission of your leaders, the unconstitutionality must be _palpable_,

or it will not justify either resistance or nullification! What is the

meaning of the word _palpable_, in the sense in which it is here used?

that which is apparent to every one; that which no man of ordinary

intellect will fail to perceive. Is the unconstitutionality of these laws

of that description? Let those among your leaders who once approved and

advocated the principle of protective duties, answer the question; and let

them choose whether they will be considered as incapable, then, of

perceiving that which must have been apparent to every man of common

understanding, or as imposing upon your confidence, and endeavoring to

mislead you now. In either case, they are unsafe guides in the perilous

path they urge you to tread. Ponder well on this circumstance, and you

will know how to appreciate the exaggerated language they address to you.

They are not champions of liberty emulating the fame of our revolutionary

fathers; nor are you an oppressed people, contending, as they repeat to

you, against worse than colonial vassalage.

You are free members of a flourishing and happy Union. There is no settled

design to oppress you. You have indeed felt the unequal operation of laws

which may have been unwisely, not unconstitutionally passed; but that

inequality must necessily be removed. At the very moment when you were

madly urged on to the unfortunate course you have begun, a change in

public opinion had commenced. The nearly approaching payment of the public

debt, and the consequent necessity of a diminution of duties, had already

produced a considerable reduction, and that, too, on some articles of

general consumption in your State. The importance of this change was

underrated, and you were authoritatively told that no further alleviation

of your burthens were to be expected at the very time when the condition

of the country imperiously demanded such a modification of the duties as

should reduce them to a just and equitable scale. But, as if apprehensive

of the effect of this change in allaying your discontents, you were

precipitated into the fearful state in which you now find yourselves.

The Crisis of Eighteen Hundred and Sixty-One in the Government of the United States. Its Cause, and How It Should Be Met · 第 4 / 8 段