t is applied. Is not this the plain result? To resist by force
the execution of a law, generally, is treason. Can the courts of the
United States take notice of the indulgence of a State to commit
treason? The common saying, that a State cannot commit treason herself,
is nothing to the purpose. Can she authorize others to do it? If John
Fries had produced an act of Pennsylvania, annulling the law of
Congress, would it have helped his case? Talk about it as we will, these
doctrines go the length of revolution. They are incompatible with any
peaceable administration of the government. They lead directly to
disunion and civil commotion; and therefore it is, that at their
commencement, when they are first found to be maintained by respectable
men, and in a tangible form, I enter my public protest against them all.
The honorable gentleman argues, that, if this government be the sole
judge of the extent of its own powers, whether that right of judging be
in Congress or the Supreme Court, it equally subverts State
sovereignty. This the gentleman sees, or thinks he sees, although he
cannot perceive how the right of judging, in this matter, if left to the
exercise of State legislatures, has any tendency to subvert the
government of the Union. The gentleman's opinion may be, that the right
_ought not_ to have been lodged with the general government; he may like
better such a constitution as we should have under the right of State
interference; but I ask him to meet me on the plain matter of fact. I
ask him to meet me on the Constitution itself. I ask him if the power is
not found there, clearly and visibly found there?
But, Sir, what is this danger, and what are the grounds of it? Let it be
remembered, that the Constitution of the United States is not
unalterable. It is to continue in its present form no longer than the
people who established it shall choose to continue it. If they shall
become convinced that they have made an injudicious or inexpedient
partition and distribution of power between the State governments and
the general government, they can alter that distribution at will.
If any thing be found in the national Constitution, either by original
provision or subsequent interpretation, which ought not to be in it, the
people know how to get rid of it. If any construction, unacceptable to
them, be established, so as to become practically a part of the
Constitution, they will amend it, at their own sovereign pleasure.
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