hat 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
resumed:--#/

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
interfer