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.

So, Sir, I understood the gentleman, and am happy to find that I did not misunderstand him.  What he contends for is, that it is constitutional to interrupt the administration of the Constitution itself, in the hands of those who are chosen and sworn to administer it, by the direct interference, in form of law, of the States, in virtue of their sovereign capacity.  The inherent right in the people to reform their government I do not deny; and they have another right, and that is, to resist unconstitutional laws, without overturning the government.  It is no doctrine of mine that unconstitutional laws bind the people.  The great question is, Whose prerogative is it to decide on the constitutionality or unconstitutionality of the laws?  On that, the main debate hinges.  The proposition, that, in case of a supposed violation of the Constitution by Congress, the States have a constitutional right to interfere and annul the law of Congress, is the proposition of the gentleman.  I do not admit it.  If the gentleman had intended no more than to assert the right of revolution for justifiable cause, he would have said only what all agree to.  But I cannot conceive that there can be a middle course, between submission to the laws, when regularly pronounced constitutional, on the one hand, and open resistance, which is revolution or rebellion, on the other.  I say, the right of a State to annul a law of Congress cannot be maintained, but on the ground of the inalienable right of man to resist oppression; that is to say, upon the ground of revolution.  I admit that there is an ultimate violent remedy, above the Constitution and in defiance of the Constitution, which may be resorted to when a revolution is to be justified.  But I do not admit, that, under the Constitution and in conformity with it, there is any mode in which a State government, as a member of the Union, can interfere and stop the progress of the general government, by force of her own laws, under any circumstances whatever.

This leads us to inquire into the origin of this government and the source of its power.  Whose agent is it?  Is it the creature of the State legislatures, or the creature of the people?  If the government of the United States be the agent of the State governments, then they may control it, provided they can agree in the manner of controlling it; if it be the agent of the people, then the people alone can control it, restrain it, modify, or reform it.  It is observable enough, that the doctrine for which the honorable gentleman contends leads him to the necessity of maintaining, not only that this general government is the creature of the States, but that it is the creature of each of the States severally, so that each may assert the power for itself of determining whether it acts within the limits of its authority.  It is the servant of four-and-twenty masters, of different wills and different purposes, and yet bound to obey all.  This absurdity (for it seems no less) arises from

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