Standing as it does, it affirms a proposition which
would effectually repeal all constitutional and all
legal obligations. The Constitution declares,
that every public officer, in the State governments
as well as in the general government, shall take an
oath to support the Constitution of the United States.
This is all. Would it not have cast an air of
ridicule on the whole provision, if the Constitution
had gone on to add the words, “as he understands
it”? What could come nearer to a solemn
farce, than to bind a man by oath, and still leave
him to be his own interpreter of his own obligation?
Sir, those who are to execute the laws have no more
a license to construe them for themselves, than those
whose only duty is to obey them. Public officers
are bound to support the Constitution; private citizens
are bound to obey it; and there is no more indulgence
granted to the public officer to support the Constitution
only
as he understands it, than to a private
citizen to obey it only
as he understands it,
and what is true of the Constitution, in this respect,
is equally true of any law. Laws are to be executed,
and to be obeyed, not as individuals may interpret
them, but according to public, authoritative interpretation
and adjudication. The sentiment of the message
would abrogate the obligation of the whole criminal
code. If every man is to judge of the Constitution
and the laws for himself, if he is to obey and support
them only as he may say he understands them, a revolution,
I think, would take place in the administration of
justice; and discussions about the law of treason,
murder, and arson should be addressed, not to the judicial
bench, but to those who might stand charged with such
offences. The object of discussion should be,
if we run out this notion to its natural extent, to
enlighten the culprit himself how he ought to understand
the law.
Mr. President, how is it possible that a sentiment
so wild, and so dangerous, so encouraging to all who
feel a desire to oppose the laws, and to impair the
Constitution, should have been uttered by the President
of the United States at this eventful and critical
moment? Are we not threatened with dissolution
of the Union? Are we not told that the laws of
the government shall be openly and directly resisted?
Is not the whole country looking, with the utmost
anxiety, to what may be the result of these threatened
courses? And at this very moment, so full of
peril to the state, the chief magistrate 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.