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 passed in pursuance of it.
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 cover the whole ground. They are, in truth, the keystone of
the arch! With these it is a government; without them it is 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 it is 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."
[Sidenote: Revolution a law to itself.]
[Sidenote: The people have reposed power in the general government.]
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 might 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 and the people, the validity of laws of Congress for which I have
voted. I decline her umpirage. I have not sworn to support the
Constitution according to her construction of its clauses. I have not
stipulated, by my oath of office or otherwise, to come under any
responsibility, except to the people, and those whom they have appointed
to pass upon the question, whether laws, supported by my votes, conform
to the Constitution of the country. And, Sir, if we look to the general
nature of the case, could anything have been more preposterous than to
make a government for the whole Union, and yet leave 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 anything, 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, or fit for any country to live under.
To avoid all possibility of being misunderstood, allow me to repeat
again, in the fullest manner, that I claim no powers for the government
by forced or unfair construction. I admit that it is a government of
strictly limited powers; of enumerated, specified, and particularized
powers; and that whatsoever is not granted, is withheld. But
notwithstanding all this, and however the grant of powers may be
expressed, its limit and extent may yet, in some cases, admit of doubt;
and the general government would be good for nothing, it would be
incapable of long existing, if some mode had not been provided in which
those doubts, as they should arise, might be peaceably, but
authoritatively, solved.
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, and I wish to be informed how this State interference
is to be put in practice, without violence, bloodshed, and rebellion.
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 we
probably 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 seize 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, setting forth that the tariff laws are palpable, deliberate,
and dangerous violations of the Constitution! He will proceed, with this
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 not probably desist, at his bidding. He would
show him the law of Congress, the treasury instruction, and his own oath
of office. He would say, he should perform his duty, come what come
might.
Here would ensue a pause; for they say that a certain stillness precedes
the tempest. The trumpeter would hold his breath awhile, and before all
this military array should fall on the 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[35] and the Constitution, as well as Turenne[36] and
Vauban.[37] 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 answer. John Fries,[38] 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 same 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 may all be so; but if the tribunal
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, that 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.
[Sidenote: Nullification leads to disunion.]
Direct collision, therefore, between force and force, is the unavoidable
result of that remedy for the revision of unconstitutional laws which
the gentleman contends for. It must happen in the very first case to
which it is applied. Is not this the plain result? To resist by force
the execution of a law, generally, is treason. Can the courts of the
United States take notice of the indulgence of a State to commit
treason? The common saying that a State cannot commit treason herself,
is nothing to the purpose. Can she authorize others to do it? If John
Fries 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 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 their
commencement, when they are first found to be maintained by respectable
men, and in a tangible form, I enter my public protest against them all.
The honorable gentleman argues, that, if this government be the sole
judge of the extent of its own powers, whether that right of judging be
in Congress or the Supreme Court, it equally subverts State sovereignty.
This the gentleman sees, or thinks he sees, although he cannot perceive
how the right of judging in this matter, if left to the exercise of
State legislatures, has any tendency to subvert the government of the
Union. The gentleman's opinion may be that the right _ought not_ to have
been lodged with the general government; he may like better such a
constitution as we should have under the right of State interference;
but I ask him to meet me on the plain matter of fact. I ask him to meet
me on the Constitution itself. I ask him if the power is not found
there, clearly and visibly found there?
[Sidenote: The Constitution alterable by the people, not by the States.]
But, Sir, what is this danger, and what are the grounds of it? Let it be
remembered that the Constitution of the United States is not
unalterable. It is to continue in its present form no longer than the
people who established it shall choose to continue it. If they shall
become convinced that they have made an injudicious or inexpedient
partition and distribution of power between the State governments and
the general government, they can alter that distribution at will.
But, Sir, although there are fears, there are hopes also. The people
have preserved this, their own chosen Constitution, for forty years, and
have 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 shall
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.
[Sidenote: The preservation of the Union.]
Mr. President, I have thus stated the reasons of my dissent to the
doctrines which have been advanced and maintained. I am conscious of
having detained you and the Senate much too long. I was drawn into the
debate with no previous deliberation, such as is suited to the
discussion of so grave and important a subject. But it is a subject of
which my heart is full, and I have not been willing to suppress the
utterance of its spontaneous sentiments. I cannot, even now, persuade
myself to relinquish it, without expressing once more my deep
conviction, that, since it respects nothing less than the Union of the
States, it is of most vital and essential importance to the public
happiness. I profess, Sir, in my career hitherto, to have kept steadily
in view the prosperity and honor of the whole country, and the
preservation of our Federal Union. It is to that Union we owe our safety
at home, and our consideration and dignity abroad. It is to that Union
that we are chiefly indebted for whatever makes us most proud of our
country. That Union we reached only by the discipline of our virtues in
the severe school of adversity. It had its origin in the necessities of
disordered finance, prostrate commerce, and ruined credit. Under its
benign influences, these great interests immediately awoke, as from the
dead, and sprang forth with newness of life. Every year of its duration
has teemed with fresh proofs of its utility and its blessings; and
although our territory has stretched out wider and wider, and our
population spread farther and farther, they have not outrun its
protection or its benefits. It has been to us all a copious fountain of
national, social, and personal happiness.
[Sidenote: Webster's final prayer.]
I have not allowed myself, Sir, to look beyond the Union, to see what
might lie hidden in the dark recess behind. I have not coolly weighed
the chances of preserving liberty when the bonds that unite us together
shall be broken asunder. I have not accustomed myself to hang over the
precipice of disunion, to see whether, with my short sight, I can fathom
the depth of the abyss below; nor could I regard him as a safe
counsellor in the affairs of this government, whose thoughts should be
mainly bent on considering, not how the Union may be best preserved, but
how tolerable might be the condition of the people when it should be
broken up and destroyed. While the Union lasts, we have high, exciting,
gratifying prospects spread out before us, for us and our children.
Beyond that I seek not to penetrate the veil. God grant that, in my day,
at least, that curtain may not rise! God grant that on my vision never
may be opened what lies behind! When my eyes shall be turned to behold
for the last time the sun in heaven, may I not see him shining on the
broken and dishonored fragments of a once glorious Union; on States
dissevered, discordant, belligerent; on a land rent with civil feuds, or
drenched, it may be, in fraternal blood! Let their last feeble and
lingering glance rather behold the gorgeous ensign of the republic, now
known and honored throughout the earth, still full high advanced, its
arms and trophies streaming in their original lustre, not a stripe
erased or polluted, nor a single star obscured, bearing for its motto no
such miserable interrogatory as "What is all this worth?" nor those
other words of delusion and folly, "Liberty first and Union afterwards";
but everywhere, spread all over in characters of living light, blazing
on all its ample folds, as they float over the sea and over the land,
and in every wind under the whole heavens, that other sentiment, dear to
every true American heart,--Liberty _and_ Union, now and forever, one
and inseparable![39]
EXECUTIVE PATRONAGE AND REMOVAL FROM OFFICE
FROM A SPEECH DELIVERED AT THE NATIONAL REPUBLICAN CONVENTION HELD AT
WORCESTER, MASSACHUSETTS, OCTOBER 12, 1832
The same party selfishness which drives good men out of office will push
bad men in. Political proscription leads necessarily to the filling of
offices with incompetent persons, and to a consequent mal-execution of
official duties. And in my opinion, Sir, this principle of claiming a
monopoly of office by the right of conquest, unless the public shall
effectually rebuke and restrain it, will entirely change the character
of our government. It elevates party above country; it forgets the
common weal in the pursuit of personal emolument; it tends to form, it
does form, we see that it has formed, a political combination, united by
no common principles or opinions among its members, either upon the
powers of the government, or the true policy of the country; but held
together simply as an association, under the charm of a popular head;
seeking to maintain possession of the government by a vigorous exercise
of its patronage; and for this purpose agitating, and alarming, and
distressing social life by the exercise of a tyrannical party
proscription. Sir, if this course of things cannot be checked, good men
will grow tired of the exercise of political privileges. They will have
nothing to do with popular elections. They will see that such elections
are but a mere selfish contest for office; and they will abandon the
government to the scramble of the bold, the daring, and the desperate.
THE CHARACTER OF WASHINGTON
A SPEECH DELIVERED AT A PUBLIC DINNER IN THE CITY OF WASHINGTON, FEB.
22, 1832, THE CENTENNIAL ANNIVERSARY OF WASHINGTON'S BIRTH
[Sidenote: The power of the name of Washington.]
We are met to testify our regard for him whose name is intimately
blended with whatever belongs most essentially to the prosperity, the
liberty, the free institutions, and the renown of our country. That name
was of power to rally a nation, in the hour of thick-thronging public
disasters and calamities; that name shone, amid the storm of war, a
beacon light, to cheer and guide the country's friends; it flamed, too,
like a meteor, to repel her foes. That name, in the days of peace, was a
loadstone, attracting to itself a whole people's confidence, a whole
people's love, and the whole world's respect. That name, descending with
all time, spreading over the whole earth, and uttered in all the
languages belonging to the tribes and races of men, will forever be
pronounced with affectionate gratitude by every one in whose breast
there shall arise an aspiration for human rights and human liberty.
[Illustration: _George Washington._]
We perform this grateful duty, Gentlemen, at the expiration of a hundred
years from his birth, near the place, so cherished and beloved by him,
where his dust now reposes, and in the capital which bears his own
immortal name.
All experience evinces that human sentiments are strongly influenced by
associations. The recurrence of anniversaries, or of longer periods of
time, naturally freshens the recollection, and deepens the impression,
of events with which they are historically connected. Renowned places,
also, have a power to awaken feeling, which all acknowledge. No American
can pass by the fields of Bunker Hill, Monmouth, and Camden, as if they
were ordinary spots on the earth's surface. Whoever visits them feels
the sentiment of love of country kindling anew, as if the spirit that
belonged to the transactions which have rendered these places
distinguished still hovered round, with power to move and excite all who
in future time may approach them.
[Sidenote: Washington's great moral example to the youth of America.]
But neither of these sources of emotion equals the power with which
great moral examples affect the mind. When sublime virtues cease to be
abstractions, when they become embodied in human character, and
exemplified in human conduct, we should be false to our own nature if we
did not indulge in the spontaneous effusions of our gratitude and our
admiration. A true lover of the virtue of patriotism delights to
contemplate its purest models; and that love of country may be well
suspected which affects to soar so high into the regions of sentiment as
to be lost and absorbed in the abstract feeling, and becomes too
elevated or too refined to glow with fervor in the commendation or the
love of individual benefactors. All this is unnatural. It is as if one
should be so enthusiastic a lover of poetry as to care nothing for Homer
or Milton; so passionately attached to eloquence as to be indifferent to
Tully[40] and Chatham; or such a devotee to the arts, in such an ecstasy
with the elements of beauty, proportion, and expression, as to regard
the masterpieces of Raphael and Michael Angelo with coldness or
contempt. We may be assured, Gentlemen, that he who really loves the
thing itself; loves its finest exhibitions. A true friend of his country
loves her friends and benefactors, and thinks it no degradation to
commend and commemorate them. The voluntary outpouring of the public
feeling, made to-day, from the north to the south, and from the east to
the west, proves this sentiment to be both just and natural. In the
cities and in the villages, in the public temples and in the family
circles, among all ages and sexes, gladdened voices to-day bespeak
grateful hearts and a freshened recollection of the virtues of the
Father of his Country. And it will be so, in all time to come, so long
as public virtue is itself an object of regard. The ingenuous youth of
America will hold up to themselves the bright model of Washington's
example, and study to be what they behold; they will contemplate his
character till all its virtues spread out and display themselves to
their delighted vision; as the earliest astronomers, the shepherds on
the plains of Babylon, gazed at the stars till they saw them form into
clusters and constellations, overpowering at length the eyes of the
beholders with the united blaze of a thousand lights.
[Sidenote: A wonderful age and country.]
Gentlemen, we are at a point of a century from the birth of Washington;
and what a century it has been! During its course, the human mind has
seemed to proceed with a sort of geometric velocity, accomplishing for
human intelligence and human freedom more than had been done in fives or
tens of centuries preceding. Washington stands at the commencement of a
new era, as well as at the head of the New World. A century from the
birth of Washington has changed the world. The country of Washington has
been the theatre on which a great part of that change has been wrought,
and Washington himself a principal agent by which it has been
accomplished. His age and his country are equally full of wonders; and
of both he is the chief.
If the poetical prediction, uttered a few years before his birth, be
true; if indeed it be designed by Providence that the grandest
exhibition of human character and human affairs shall be made on this
theatre of the Western world; if it be true that,
"The four first acts already past,
A fifth shall close the drama with the day;
Time's noblest offspring is the last";[41]
how could this imposing, swelling, final scene be appropriately opened,
how could its intense interest be adequately sustained, but by the
introduction of just such a character as our Washington?
[Illustration: THE RESIGNATION OF WASHINGTON]
[Sidenote: The spirit of human freedom.]