Mr. Webster then proceeded to show that when the people erected this

government they gave it a Constitution, and in that Constitution they

enumerated the powers which they bestowed on it. That they had made it a

limited government, and defined its authority and restrained it to the

exercise of such powers as were granted, and all others were reserved to

the States or the people. But they did not stop there, being aware that no

Constitution could be so plainly written but what there would be a

difference of opinion on the construction of some points, consequently

they (the people) in order to avoid a recurrence of the difficulties

experienced under the old confederacy and render the laws of Congress

effective and binding upon all parties without applying to State

authority, thus rendering the government complete within itself, declared

the Constitution and the laws of the United States, made in pursuance

thereof, should be the supreme law of the land. In referring to the

tribunal in which to decide questions arising under the Constitution, Mr.

Webster said:

"But, sir, the people have wisely provided, in the constitution

itself, a proper, suitable mode and tribunal for settling questions of

constitutional law. There are, in the constitution, grants of powers

to congress, and restrictions on those powers. There are also

prohibitions on the States. Some authority must therefore necessarily

exist, having the ultimate jurisdiction to fix and ascertain the

interpretation of these grants, restrictions, and prohibitions. The

constitution has itself pointed out, ordained, and established that

authority. How has it accomplished this great and essential end? By

declaring, sir, that '_the constitution and the laws of the United

States, made in pursuance thereof, shall be the supreme law of the

land, anything in the constitution or laws of any State to the

contrary notwithstanding_.'

"This, sir, was the first great step. By this, the supremacy of the

constitution and laws of the United States is declared. The people so

will it. No State law is to be valid which comes in conflict with the

constitution or any law of the United States. But who shall decide

this question of interference? To whom lies the last appeal? 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,

sir, cover the whole ground. They are, in truth, the keystone of the

arch. With these it is a government; without them it is a confederacy.

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 passed. 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 right 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.'"

He then went on to show that a State could not make treason against the

United States legal, and, says he, when I maintain these sentiments, I am

but asserting the rights of the people; I state what they have declared

and insisted on as 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.

In referring to the importance of having but one tribunal, whose decisions

should be final--Sir, said he:

"If we look to the general nature of the case, could any thing have

been more preposterous than to have made a government for the whole

Union, and yet left its powers subject, not to one interpretation, but

to thirteen or twenty-four interpretations? Instead of one tribunal,

established by all, responsible to all, with power to decide for all,

shall constitutional questions be left to four and twenty popular

bodies, each at liberty to decide for itself, and none bound to

respect the decisions of others; and each at liberty, too, to give a

new construction, on every new election of its own members? Would any

thing, with such a principle in it, or rather with such a destitution

of all principle, be fit to be called a government? No, sir. It should

not be denominated a constitution. It should be called, rather, a

collection of topics for everlasting controversy; heads of debate for

a disputatious people. It would not be a government. It would not be

adequate to any practical good, nor fit for any people to live under."

Mr. Hayne, already overborne with the overwhelming and unanswerable

arguments, was yet destined to receive the most cutting rebuke from his

vanquisher. Mr. Webster said:

"And now, Mr. President, let me run the honorable gentleman's doctrine

a little into its practical application. Let us look at his probable

_modus operandi_. If a thing can be done, an ingenious man can tell

_how_ it is to be done. Now, I wish to be informed _how_ this State

interference is to be put in practice. We will take the existing case

of the tariff law. South Carolina is said to have made up her opinion

upon it. If we do not repeal it, (as probably we shall not,) she will

then apply to the case the remedy of her doctrine. She will, we must

suppose, pass a law of her legislature, declaring the several acts of

congress, usually called the tariff laws, null and void, so far as

they respect South Carolina, or the citizens thereof. So far, all is a

paper transaction, and easy enough. But the collector at Charleston is

collecting the duties imposed by these tariff laws--he, therefore,

must be stopped. The collector will sieze the goods if the tariff

duties are not paid. The State authorities will undertake their

rescue: the marshal, with his posse, will come to the collector's aid;

and here the contest begins. The militia of the State will be called

out to sustain the nullifying act. They will march, sir, under a very

gallant leader; for I believe the honorable member himself commands

the militia of that part of the State. He will raise the _nullifying

act_ on his standard, and spread it out as his banner. It will have a

preamble, bearing that the tariff laws are palpable, deliberate, and

dangerous violations of the constitution. He will proceed, with his

banner flying, to the custom house in Charleston--

"all the while

Sonorous metal blowing martial sounds."

Arrived at the custom house, he will tell the collector that he must

collect no more duties under any of the tariff laws. This he will be

somewhat puzzled to say, by the way, with a grave countenance,

considering what hand South Carolina herself had in that of 1816. But,

sir, the collector would, probably, not desist at his bidding. Here

would ensue a pause; for they say, that a certain stillness precedes

the tempest. Before this military array should fall on custom house,

collector, clerks, and all, it is very probable some of those

composing it would request of their gallant commander-in-chief to be

informed a little upon the point of law; for they have doubtless a

just respect for his opinions as a lawyer, as well as for his bravery

as a soldier. They know he has read Blackstone and the constitution,

as well as Turenne and Vauban. They would ask him, therefore,

something concerning their rights in this matter. They would inquire

whether it was not somewhat dangerous to resist a law of the United

States. What would be the nature of their offence, they would wish to

learn, if they, by military force and array, resisted the execution

in Carolina of a law of the United States, and it should turn out,

after all, that the law _was constitutional_. He would answer, of

course, treason. No lawyer could give any other reason. John Fries,[5]

he would tell them, had learned that some years ago. How, then, they

would ask, do you propose to defend us? We are not afraid of bullets,

but treason has a way of taking people off that we do not much relish.

How do you propose to defend us? 'Look at my floating banner,' he

would reply; 'see there the _nullifying law_!' Is it your opinion,

gallant commander, they would then say, that if we should be indicted

for treason, that some floating banner of yours would make a good plea

in bar? 'South Carolina is a sovereign State,' he would reply. That is

true; but would the judge admit our plea? 'These tariff laws,' he

would repeat, 'are unconstitutional, palpably, deliberately,

dangerously.' That all may be so; but if the tribunals should not

happen to be of that opinion, shall we swing for it? We are ready to

die for our country, but it is rather an awkward business, this dying

without touching the ground. After all, this is a sort of _hemp_-tax,

worse than any part of the tariff.

"Mr. President, the honorable gentleman would be in a dilemma like

that of another great general. He would have a knot before him which

he could not untie. He must cut it with his sword. He must say to his

followers, defend yourselves with your bayonets; and this is

war--civil war."

Mr. Webster continued to show that to resist by force the execution of a

law of the United States was treason, and that the Courts of the United

States could take no notice of a State law to authorize persons to commit

that grave crime. Said he, the common saying that a State cannot commit

treason herself, is nothing to the purpose. Can it authorize others to do

so? If John Fries[5] had produced an act of Pennsylvania annulling the

law of Congress, would it have helped his case? Talk about it as we will,

these doctrines go the whole length of revolution. They are incompatible

with any peaceable administration of the government. They lead directly to

disunion and civil commotion, and therefore it is, that at the

commencement, when they are first found to be maintained by respectable

men, and in a tangible form, that I enter my protest against them all. Mr

Webster proceeded to show that the people of the United States have not

chosen the State authorities as their guardians against encroachments from

the general government. Said he:

"Sir, the people have not trusted their safety, in regard to the

general constitution, to these hands. They have required other

security, and taken other bonds. They have chosen to trust themselves,

first to the plain words of the instrument, and to such construction

as the government, itself, in doubtful cases, should put on its own

powers, under their oaths of office, and subject to their

responsibility to them; just as the people of a State trust their own

State governments with a similar power. Secondly, they have reposed

their trust in the efficacy of frequent elections, and in their own

power to remove their own servants and agents, whenever they see

cause. Thirdly, they have reposed trust in the judicial power, which,

in order that it might be trustworthy, they have made as respectable,

as disinterested, and as independent as practicable. Fourthly, they

have seen fit to rely, in case of necessity, or high expediency, on

their known and admitted power to alter or amend the constitution,

peaceably and quietly, whenever experience shall point out defects or

imperfections. And finally, the people of the United States have at

no time, in no way, directly or indirectly, authorized any State

legislature to construe or interpret _their_ instrument of government;

much less to interfere, by their own power, to arrest its course and

operation.

"If, sir, the people in these respects had done otherwise than they

have done their constitution could neither have been preserved nor

would it have been worth preserving. And if its plain provisions shall

now be disregarded, and these new doctrines interpolated in it, it

will become as feeble and helpless a being as enemies, whether early

or more recent, could possibly desire. It will exist, in every State,

but as a poor dependent on State permission. It must borrow leave to

be, and will be no longer than State pleasure, or State discretion

sees fit to grant the indulgence and to prolong its poor existence.

"But, sir, although there are fears, there are hopes also. The people

have preserved this their own chosen Constitution for forty years, and

seen their happiness, prosperity and renown grow with its growth, and

strengthen with its strength. They are now generally strongly attached

to it. Overthrown by direct assault, it cannot be; evaded, undermined,

_nullified_ it will not be, if we and those who succeed us here, as

agents and representatives of the people shall conscientiously and

vigilantly discharge the two great branches of our public trust

faithfully to preserve and wisely to administer it."

We believe that after perusing the evidence already advanced, every

reasonable, unprejudiced person must come to the conclusion that the

fathers of our country established the government of the United States

with the full understanding and intent that it should be supreme, so far

as its delegated authority extended. That it was a unit and capable of

sustaining itself by force, if necessary. Mr. Madison's views are

repeatedly expressed on this point, explaining the advantages of

conferring sufficient powers upon the general government to enable it to

suppress internal violence and insurrection, thus providing against the

civil commotion that had overthrown other republics of a weaker and less

binding obligation on the part of the members composing them. See pages

24, 25 and 26 of this book. The papers here referred to are the more

important on account of being written while the question of adoption or

rejection of the Constitution was being discussed before the people.

Again, on pages 30 to 32, the defects and imperfections of the old

confederation in relation to the principles of legislation for the States

in their collective capacities, showing more fully that the intention was

to create a _government for the people of the United States_ that should

be binding on all persons, or combination of persons, for all time to

come. And again, on page 34, is another quotation from the joint

production of Madison, Jay and Hamilton, showing that the government was

expected to reach individuals without the aid, and independent of, State

authority. And still another quotation, on pages 35 and 36, goes to show

that there was a full understanding that the people were conferring

certain powers upon the general government, and of course taking them from

the States for the purpose of forming one great, inseparable and

indissoluble nation. There is not a particle of evidence to prove that the

people contemplated reserving or recognizing any State distinction or

State sovereignty, so far as the powers of the general government were

concerned; but the whole drift of evidence goes to show that they were

conscious of the necessity of uniting themselves under one grand

government, making themselves one people, reserving only to the States or

themselves such powers as were thought necessary to regulate their local

affairs, leaving the States in nearly the same relation to the general

government that a city municipality is to the government of the State in

which it is located; but all must owe obedience to the government of the

United States.

But this is not all the evidence we have on this subject. As we review the

history of the government, we find that Washington, Jackson, Webster,

Clay, and in fact nearly every statesman of any prominence in our

political history have either by their acts or words committed themselves

to this same policy. The proclamation of General Jackson, and the extracts

given of Mr. Webster's arguments, are the key-stone to the arch; they are

both conclusive in themselves, and comment by me would be but a weak

advocate of their masterly and unanswerable arguments, hence I close the

subject, conscious of having proven to the satisfaction of myself at

least, and, I trust, to some of my doubting Democratic friends and

weak-hearted Republican brethren, that we at least have a government,

established by our forefathers, constituting us one nation, one people,

with one common country and destiny. Whether we shall be found brave

enough to defend it and perpetuate it is a question which the God of

nations only knows, and time alone will reveal to man.

THE UNION.

Shall this Union he maintained, or shall it be dissolved? are questions

that are the all absorbing topics of conversation amongst all classes of

people, through the length and breadth of our entire country. There seems

to be a great lack of firmness and decision at this time, in relation to

the proper course to be pursued in view of the momentous question now

about to be presented, discussed and decided upon by the American people.

While true men are thus dumfounded and amazed; I might say silenced with

almost a paralyzing astonishment at the daring and rapid movements of the

internal enemies to our country; the eyes of the civilized world are

turned towards us, and every true friend of liberty and human progression

is awaiting our decision upon this grave question, with an almost

breathless suspense. In view of this state of things, what course shall we

pursue in order to acquit ourselves honarably and preserve our nation from

the ruin that seems threatening to blot out the only guarantee that there

is such a government as "The United States?" There can be but one answer

to this from every true American patriot, and that is, that every attempt

to break up this government, let it come from few or many, will be met, be

the consequences what they may. The _integrity_ of this Union must and

shall be maintained, should be the watch-word of every man, woman and

child that values the blessing of liberty under which we have prospered as

individuals and as a nation. It is contended by some that it is better to

allow those States that choose to secede to go in peace than to enter into

a civil war, the end of which no man can foretell. This would look very

plausible were it not that there is a principle at stake which is at the

very foundation of every Democratic government, and without the

maintenance of this vital principle self-government is but a farce and a

deception. And what is this principle? Why it is nothing more nor less

than compelling the minority to submit to the constitutional acts of the

majority. Now, who will pretend that a Democratic government can be

sustained without this principle is both recognized and, if necessary,

enforced?

I am not one of those who think that the question of slavery is the great

and only cause of our present troubles; far from it, you may banish every

vestige of slavery from our country, and other differences of opinion will

rise up, and cause other disputes equally as difficult to settle. Nor is

the extent of our country, or the variety of the climate to be charged

with our difficulties, for even in our city and State elections we find

there is a wide difference of opinion, which results in crimination and

recrimination. The same will be found in the various school districts and

in many of the churches. Where ever there is a government there must and

will be a difference of opinion. It is not to be expected that we will all

agree in relation to the various schemes that are presented from time to

time for our consideration. But shall we revolt and overthrow the

government because our pet scheme is defeated? If not, then should we

allow others to involve us in one common ruin because of their defeat?

There would be no end to this rebellious spirit if the obligation to

submit to a constitutional election was removed. What would be the result

of giving way to those who are now threatening our peace? Would not every

other community have the same right; and we having once granted the right

by allowing a portion of the nation to set up an independent government,

how could we in justice punish those who choose to go and do likewise?

State governments will have the same difficulty to contend against that

the United States have now, and instead of strength and prosperity we will

be weak and divided and without honor at home or abroad.

I think that every sane man will agree with me when I say that it is much

better to meet on one grand battle field and settle this question at once

than to dodge the responsibility for the present, only to allow dissention

to spread broad cast over the land. When this great nation has been torn

into fragments by this ranting, ungovernable spirit, we, or our children,

will have to enforce this great principle, that some of our best meaning

friends are willing to abandon for the sake of peace.

THE EFFECT OF A WAR TO SUSTAIN OUR GOVERNMENT.

The effect of a war to sustain our government would be to plant the seed

of true patriotism in the breast of every law-abiding and liberty-loving

citizen of America. We should be able to contrast the two extremes of our

unheard of prosperity and the miseries and horrors of civil war--which of

itself would do much towards insuring peace for centuries to come. Let

those who expect that we love peace so well, or dread war so much as to

allow them to bid defiance to all laws, learn that they are mistaken; that

we are not the degenerate sons of a noble ancestry, but knowing our rights

and loving our country, we are determined to defend them against every

encroachment, and we will hear no more threats about disunion or rebellion

in consequence of a political defeat. We shall then have established

beyond a controversy that the minority must and shall submit to the

constitutional acts of the majority. We will then have established in the

minds of the civilized world that our government is not one of straw, but

that it is not only capable of vindicating its honor in defiance of

foreign foes, but it is equally able to chastise those who rebel against

its authority at home. War would be to our political system, what the

thunderstorm is to the atmosphere. Its purifying influences would be

manifested by inspiring new life, vigor and purity into everything that

surrounds us. Political demagogues will be cast aside as unfit for public

confidence, and better and more patriotic men will spring up from among

the masses who will have before them the history of the troubles through

which their country has passed as lesson and a warning to shun a like

calamity.

We have heretofore shown ourselves to be equal to our undertakings, and

now when the great crisis in our national affairs is at hand, and the eyes

of the friends of liberty throughout the civilized world are gazing upon

us with the deepest anxiety, shall we be found unworthy of the liberties

we enjoy? Should we be found unfaithful to the trust imposed on us by our

forefathers? We would be the just object of scorn and contempt, and the

historian who shall undertake the task of writing the true history of the

rise and fall of the American government, will have the painful duty of

drawing the contrast between the noble and patriotic heroes who

established it, and the cowardly, selfish and unprincipled traitors who

became its destroyers.

SHALL THE PEOPLE RULE?

The Crisis of Eighteen Hundred and Sixty-One in the Government of the United States. Its Cause, and How It Should Be Met · 第 6 / 8 段