his breath awhile, and before all
this military array should fall on the custom-house, collector, clerks,
and all, it is very probable some of those composing it would request of
their gallant commander-in-chief to be informed a little upon the point
of law; for they have, doubtless, a just respect for his opinions as a
lawyer, as well as for his bravery as a soldier. They know he has read
Blackstone and the Constitution, as well as Turenne and Vauban. They
would ask him, therefore, something concerning their rights in this
matter. They would inquire, whether it was not somewhat dangerous to
resist a law of the United States. What would be the nature of their
offence, they would wish to learn, if they, by military force and array,
resisted the execution in Carolina of a law of the United States, and it
should turn out, after all, that the law _was constitutional_? He would
answer, of course, Treason. No lawyer could give any other answer. John
Fries, he would tell them, had learned that, some years ago. How, then,
they would ask, do you propose to defend us? We are not afraid of
bullets, but treason has a way of taking people off that we do not much
relish. How do you propose to defend us? "Look at my floating banner,"
he would reply; "see there the _nullifying law_!" Is it your opinion,
gallant commander, they would then say, that, if we should be indicted
for treason, that same floating banner of yours would make a good plea
in bar? "South Carolina is a sovereign State," he would reply. That is
true; but would the judge admit our plea? "These tariff laws," he would
repeat, "are unconstitutional, palpably, deliberately, dangerously."
That may all be so; but if the tribunal should not happen to be of that
opinion, shall we swing for it? We are ready to die for our country, but
it is rather an awkward business, this dying without touching the
ground! After all, that is a sort of hemp tax worse than any part of the
tariff.
Mr. President, the honorable gentleman would be in a dilemma, like that
of another great general. He would have a knot before him which he could
not untie. He must cut it with his sword. He must say to his followers,
"Defend yourselves with your bayonets"; and this is war,--civil war.
Direct collision, therefore, between force and force, is the unavoidable
result of that remedy for the revision of unconstitutional laws which
the gentleman contends for. It must happen in the very first case to
which i
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