FREE BOOKS

Author's List




PREV.   NEXT  
|<   12   13   14   15   16   17   18   19   20   21   22   23   24   25   26   27   28   29   30   31   32   33   34   35   36  
37   38   39   40   41   42   43   44   45   46   47   48   49   50   51   52   53   54   55   56   57   58   59   60   61   >>   >|  
e in this matter, and leave the Union at her convenience. The history of our country reveals two memorable cases where the question was decided that not the State, but the Federal Government was to be its own judge of what was constitutional, and act accordingly. First, the case of New-York; secondly, the course taken by Massachusetts in relation to the Embargo law of 1807, which was believed to be unconstitutional generally in New-England. In the case of New-York, there was, as has been said, the surrender of any right to secede from the Union at her pleasure; while in the Embargo law of 1807, which was brought up to the Supreme Court for decision, there was the acquiescence of New-England upon the simple point, who should be the final arbiter in the dispute. Massachusetts and all New-England assented to a decision of the Judiciary, not upon the ground that it was right, but that the Supreme Court had alone the authority to say what was right. In this case there was a perfect refutation of the whole theory of secession; that theory falls back upon the idea that the State government is to be its own judge of what constitutes a violation of the Constitution, and act accordingly; but the Embargo law of 1807, when carried up to the Supreme bench, and the way New-England assented to a decision that was not believed to be in accordance with the Constitution, is a signal rebuke of the assumption of State sovereignty when arrayed against the General Government. The all-important question was not, Was the decision of the Judiciary right, but simply, Who had the authority to say what was right? Who should submit to that authority? No person can fail to see in these two cases, under circumstances so widely different, and with an end proposed in each directly the reverse of the other, that the point so important to establish was clearly made out, that the National Government reserves to itself alone the right to decide as to what should be the course taken in questions of dispute that arise between the States and the Federal authority. It is mournful to see the finest country on the earth--a land peculiarly blessed with every element of material wealth, a land that has grown like a giant, and commanded the respect of the world--now in her central government made an object of contempt, and crippled in her strength by those very States who should, upon the principle of gratitude for favors granted, have been the last to leave t
PREV.   NEXT  
|<   12   13   14   15   16   17   18   19   20   21   22   23   24   25   26   27   28   29   30   31   32   33   34   35   36  
37   38   39   40   41   42   43   44   45   46   47   48   49   50   51   52   53   54   55   56   57   58   59   60   61   >>   >|  



Top keywords:
England
 
decision
 

authority

 

Embargo

 

Government

 

Supreme

 

dispute

 

Judiciary

 

States

 
important

assented
 

Constitution

 

theory

 

government

 

question

 
Federal
 

Massachusetts

 

country

 
believed
 

questions


mournful

 

decided

 

widely

 

decide

 
proposed
 

directly

 

finest

 

establish

 

National

 

reverse


reserves
 
strength
 
crippled
 

object

 

contempt

 
principle
 

gratitude

 

granted

 

favors

 
central

element

 
material
 

circumstances

 

blessed

 

peculiarly

 
wealth
 
respect
 
commanded
 

simply

 
ground