The Great Speeches and Orations of Daniel Webster eBook

This eBook from the Gutenberg Project consists of approximately 1,778 pages of information about The Great Speeches and Orations of Daniel Webster.

The Great Speeches and Orations of Daniel Webster eBook

This eBook from the Gutenberg Project consists of approximately 1,778 pages of information about The Great Speeches and Orations of Daniel Webster.
“That this assembly doth explicitly and peremptorily declare, that it views the powers of the federal government as resulting from the compact to which the States are parties, as limited by the plain sense and intention of the instrument constituting that compact, as no farther valid than they are authorized by the grants enumerated in that compact; and that, in case of a deliberate, palpable, and dangerous exercise of other powers not granted by the said compact, the States who are parties thereto have the right, and are in duty bound, to interpose, for arresting the progress of the evil, and for maintaining within their respective limits the authorities, rights, and liberties appertaining to them.”

Mr. Webster
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I am quite aware, Mr. President, of the existence of the resolution which the gentleman read, and has now repeated, and that he relies on it as his authority.  I know the source, too, from which it is understood to have proceeded.  I need not say that I have much respect for the constitutional opinions of Mr. Madison; they would weigh greatly with me always.  But before the authority of his opinion be vouched for the gentleman’s proposition, it will be proper to consider what is the fair interpretation of that resolution, to which Mr. Madison is understood to have given his sanction.  As the gentleman construes it, it is an authority for him.  Possibly he may not have adopted the right construction.  That resolution declares, that, in the case of the dangerous exercise of powers not granted by the general government, the States may interpose to arrest the progress of the evil.  But how interpose, and what does this declaration purport?  Does it mean no more than that there may be extreme cases, in which the people, in any mode of assembling, may resist usurpation, and relieve themselves from a tyrannical government?  No one will deny this.  Such resistance is not only acknowledged to be just in America, but in England also Blackstone admits as much, in the theory, and practice, too, of the English constitution.  We, Sir, who oppose the Carolina doctrine, do not deny that the people may, if they choose, throw off any government when it becomes oppressive and intolerable, and erect a better in its stead.  We all know that civil institutions are established for the public benefit, and that when they cease to answer the ends of their existence they may be changed.  But I do not understand the doctrine now contended for to be that, which, for the sake of distinction, we may call the right of revolution.  I understand the gentleman to maintain, that, without revolution, without civil commotion, without rebellion, a remedy for supposed abuse and transgression of the powers of the general government lies in a direct appeal to the interference of the State governments.

Mr. Hayne here rose and said:  He did not contend for the mere right of revolution, but for the right of constitutional resistance.  What he maintained was, that in case of a plain, palpable violation of the Constitution by the general government, a State may interpose; and that this interposition is constitutional.

Mr. Webster
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The Great Speeches and Orations of Daniel Webster from Project Gutenberg. Public domain.