with which they are vested. Yet the discretion
must exist somewhere. The Constitution has given
it to the representatives of all the people, checked
by the representatives of the States and by the Executive
power. The South Carolina construction gives
it to the legislature or the convention of a single
State, where neither the people of the different States,
nor the States in their separate capacity, nor the
Chief Magistrate elected by the people have any representation.
Which is the most discreet disposition of the power?
I do not ask you, fellow-citizens, which is the constitutional
disposition; that instrument speaks a language not
to be misunderstood. But if you were assembled
in general convention, which would you think the safest
depository of this discretionary power in the last
resort? Would you add a clause giving it to each
of the States, or would you sanction the wise provisions
already made by your Constitution? If this should
be the result of your deliberations when providing
for the future, are you, can you, be ready to risk
all that we hold dear, to establish, for a temporary
and a local purpose, that which you must acknowledge
to be destructive, and even absurd, as a general provision?
Carry out the consequences of this right vested in
the different States, and you must perceive that the
crisis your conduct presents at this day would recur
whenever any law of the United States displeased any
of the States, and that we should soon cease to be
a nation.
The ordinance, with the same knowledge of the future
that characterizes a former objection, tells you that
the proceeds of the tax will be unconstitutionally
applied. If this could be ascertained with certainty,
the objection would with more propriety be reserved
for the law so applying the proceeds, but surely can
not be urged against the laws levying the duty.
These are the allegations contained in the ordinance.
Examine them seriously, my fellow-citizens; judge
for yourselves. I appeal to you to determine
whether they are so clear, so convincing, as to leave
no doubt of their correctness; and even if you should
come to this conclusion, how far they justify the
reckless, destructive course which you are directed
to pursue. Review these objections and the conclusions
drawn from them once more. What are they?
Every law, then, for raising revenue, according to
the South Carolina ordinance, may be rightfully annulled,
unless it be so framed as no law ever will or can be
framed. Congress have a right to pass laws for
raising revenue and each State have a right to oppose
their execution—two rights directly opposed
to each other; and yet is this absurdity supposed
to be contained in an instrument drawn for the express
purpose of avoiding collisions between the States
and the General Government by an assembly of the most
enlightened statesmen and purest patriots ever embodied
for a similar purpose.