American Eloquence, Volume 1 eBook

This eBook from the Gutenberg Project consists of approximately 227 pages of information about American Eloquence, Volume 1.

American Eloquence, Volume 1 eBook

This eBook from the Gutenberg Project consists of approximately 227 pages of information about American Eloquence, Volume 1.
harsh and bitter epithets which have been heaped upon it than that or any similar oath.  It ought to be borne in mind that, according to the opinion which prevails in Carolina, the right of resistance to the unconstitutional acts of Congress belongs to the State, and not to her individual citizens; and that, though the latter may, in a mere question of meum and tuum, resist through the courts an unconstitutional encroachment upon their rights, yet the final stand against usurpation rests not with them, but with the State of which they are members; and such act of resistance by a State binds the conscience and allegiance of the citizen.  But there appears to be a general misapprehension as to the extent to which the State has acted under this part of the ordinance.  Instead of sweeping every officer by a general proscription of the minority, as has been represented in debate, as far as my knowledge extends, not a single individual has been removed.  The State has, in fact, acted with the greatest tenderness, all circumstances considered, toward citizens who differed from the majority; and, in that spirit, has directed the oath to be administered only in the case of some official act directed to be performed in which obedience to the ordinance is involved. * *

It is next objected that the enforcing acts, have legislated the United States out of South Carolina.  I have already replied to this objection on another occasion, and will now but repeat what I then said:  that they have been legislated out only to the extent that they had no right to enter.  The Constitution has admitted the jurisdiction of the United States within the limits of the several States only so far as the delegated powers authorize; beyond that they are intruders, and may rightfully be expelled; and that they have been efficiently expelled by the legislation of the State through her civil process, as has been acknowledged on all sides in the debate, is only a confirmation of the truth of the doctrine for which the majority in Carolina have contended.

The very point at issue between the two parties there is, whether nullification is a peaceful and an efficient remedy against an unconstitutional act of the General Government, and may be asserted, as such, through the State tribunals.  Both parties agree that the acts against which it is directed are unconstitutional and oppressive.  The controversy is only as to the means by which our citizens may be protected against the acknowledged encroachments on their rights.  This being the point at issue between the parties, and the very object of the majority being an efficient protection of the citizens through the State tribunals, the measures adopted to enforce the ordinance, of course received the most decisive character.  We were not children, to act by halves.  Yet for acting thus efficiently the State is denounced, and this bill reported, to overrule, by military force, the civil tribunal and civil process of the State! 

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American Eloquence, Volume 1 from Project Gutenberg. Public domain.