agistrate puts forth opinions and
sentiments as truly subversive of all government, as absolutely in
conflict with the authority of the Constitution, as the wildest theories
of nullification. Mr. President, I have very little regard for the law,
or the logic, of nullification. But there is not an individual in its
ranks, capable of putting two ideas together, who, if you will grant him
the principles of the veto message, cannot defend all that nullification
has ever threatened.
To make this assertion good, Sir, let us see how the case stands. The
Legislature of South Carolina, it is said, will nullify the late revenue
or tariff law, because, _they say_, it is not warranted by the
Constitution of the United States, _as they understand the
Constitution_. They, as well as the President of the United States, have
sworn to support the Constitution. Both he and they have taken the same
oath, in the same words. Now, Sir, since he claims the right to
interpret the Constitution as he pleases, how can he deny the same right
to them? Is his oath less stringent than theirs? Has he a prerogative of
dispensation which they do not possess? How can he answer them, when
they tell him, that the revenue laws are unconstitutional, _as they
understand the Constitution_, and that therefore they will nullify them?
Will he reply to them, according to the doctrines of his annual message
in 1830, that _precedent_ has settled the question, if it was ever
doubtful? They will answer him in his own words in the veto message,
that, in such a case, _precedent_ is not binding. Will he say to them,
that the revenue law is a law of Congress, which must be executed until
it shall be declared void? They will answer him, that, in other cases,
he has himself refused to execute laws of Congress which had not been
declared void, but which had been, on the contrary, declared valid. Will
he urge the force of judicial decisions? They will answer, that he
himself does not admit the binding obligation of such decisions. Sir,
the President of the United States is of opinion, that an individual,
called on to execute a law, may himself judge of its constitutional
validity. Does nullification teach any thing more revolutionary than
that? The President is of opinion, that judicial interpretations of the
Constitution and the laws do not bind the consciences, and ought not to
bind the conduct, of men. Is nullification at all more disorganizing
than that? The President is
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