are these men, regarded? They are enthralled and
disfranchised by ordinances and acts of legislation; subjected to tests
and oaths, incompatible, as they conscientiously think, with oaths
already taken, and obligations already assumed; they are proscribed and
denounced as recreants to duty and patriotism, and slaves to a foreign
power. Both the spirit which pursues them, and the positive measures
which emanate from that spirit, are harsh and proscriptive beyond all
precedent within my knowledge, except in periods of professed
revolution.
It is not, Sir, one would think, for those who approve these proceedings
to complain of the power of majorities.
Mr. President, all popular governments rest on two principles, or two
assumptions:--
First, That there is so far a common interest among those over whom the
government extends, as that it may provide for the defence, protection,
and good government of the whole, without injustice or oppression to
parts; and
Secondly, That the representatives of the people, and especially the
people themselves, are secure against general corruption, and may be
trusted, therefore, with the exercise of power.
Whoever argues against these principles argues against the
practicability of all free governments. And whoever admits these, must
admit, or cannot deny, that power is as safe in the hands of Congress as
in those of other representative bodies. Congress is not irresponsible.
Its members are agents of the people, elected by them, answerable to
them, and liable to be displaced or superseded, at their pleasure; and
they possess as fair a claim to the confidence of the people, while they
continue to deserve it, as any other public political agents.
If, then, Sir, the manifest intention of the Convention, and the
contemporary admission of both friends and foes, prove any thing; if the
plain text of the instrument itself, as well as the necessary
implication from other provisions, prove any thing; if the early
legislation of Congress, the course of judicial decisions, acquiesced in
by all the States for forty years, prove any thing,--then it is proved
that there is a supreme law, and a final interpreter.
My fourth and last proposition, Mr. President, was, that any attempt by
a State to abrogate or nullify acts of Congress is a usurpation on the
powers of the general government and on the equal rights of other
States, a violation of the Constitution, and a proceeding essentially
rev
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