y State interference had then arisen. Massachusetts believed
this law to be "a deliberate, palpable, and dangerous exercise of a
power not granted by the Constitution." Deliberate it was, for it was
long continued; palpable she thought it, as no words in the Constitution
gave the power, and only a construction, in her opinion most violent,
raised it; dangerous it was, since it threatened utter ruin to her most
important interests. Here, then, was a Carolina case. How did
Massachusetts deal with it? It was, as she thought, a plain, manifest,
palpable violation of the Constitution, and it brought ruin to her
doors. Thousands of families, and hundreds of thousands of individuals,
were beggared by it. While she saw and felt all this, she saw and felt
also, that, as a measure of national policy, it was perfectly futile;
that the country was no way benefited by that which caused so much
individual distress; that it was efficient only for the production of
evil, and all that evil inflicted on ourselves. In such a case, under
such circumstances, how did Massachusetts demean herself? Sir, she
remonstrated, she memorialized, she addressed herself to the general
government, not exactly "with the concentrated energy of passion," but
with her own strong sense, and the energy of sober conviction. But she
did not interpose the arm of her own power to arrest the law, and break
the embargo. Far from it. Her principles bound her to two things; and
she followed her principles, lead where they might. First, to submit to
every constitutional law of Congress, and secondly, if the
constitutional validity of the law be doubted, to refer that question to
the decision of the proper tribunals. The first principle is vain and
ineffectual without the second. A majority of us in New England believed
the embargo law unconstitutional; but the great question was, and always
will be in such cases, Who is to decide this? Who is to judge between
the people and the government? And, Sir, it is quite plain, that the
Constitution of the United States confers on the government itself, to
be exercised by its appropriate department, and under its own
responsibility to the people, this power of deciding ultimately and
conclusively upon the just extent of its own authority. If this had not
been done, we should not have advanced a single step beyond the old
Confederation.
Being fully of opinion that the embargo law was unconstitutional, the
people of New England w
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