was who was to say whether a law was unconstitutional
or not. Each State has that authority, was the
reply of the nullifiers, and if the decision is against
the validity of the law it cannot be executed within
the limits of the dissenting State. The vigorous
sarcasm with which Mr. Webster depicted practical nullification,
and showed that it was nothing more or less than revolution
when actually carried out, was really the conclusive
answer to the nullifying doctrine. But Mr. Calhoun
and his school eagerly denied that nullification rested
on the right to revolt against oppression. They
argued that it was a constitutional right; that they
could live within the Constitution and beyond it,—inside
the house and outside it at one and the same time.
They contended that, the Constitution being a compact
between the States, the Federal government was the
creation of the States; yet, in the same breath, they
declared that the general government was a party to
the contract from which it had itself emanated, in
order to get rid of the difficulty of proving that,
while the single dissenting State could decide against
the validity of a law, the twenty or more other States,
also parties to the contract, had no right to deliver
an opposite judgment which should be binding as the
opinion of the majority of the court. There was
nothing very ingenious or very profound in the argument
by which Mr. Webster demonstrated the absurdity of
the doctrine which attempted to make nullification
a peaceable constitutional privilege, when it could
be in practice nothing else than revolution.
But the manner in which he put the argument was magnificent
and final. As he himself said, in this very speech
of Samuel Dexter, “his statement was argument,
his inference demonstration.”
The weak places in his armor were historical in their
nature. It was probably necessary, at all events
Mr. Webster felt it to be so, to argue that the Constitution
at the outset was not a compact between the States,
but a national instrument, and to distinguish the cases
of Virginia and Kentucky in 1799 and of New England
in 1814, from that of South Carolina in 1830.
The former point he touched upon lightly, the latter
he discussed ably, eloquently, ingeniously, and at
length. Unfortunately the facts were against
him in both instances. When the Constitution was
adopted by the votes of States at Philadelphia, and
accepted by the votes of States in popular conventions,
it is safe to say that there was not a man in the
country from Washington and Hamilton on the one side,
to George Clinton and George Mason on the other, who
regarded the new system as anything but an experiment
entered upon by the States and from which each and
every State had the right peaceably to withdraw, a
right which was very likely to be exercised.
When the Virginia and Kentucky resolutions appeared
they were not opposed on constitutional grounds, but
on those of expediency and of hostility to the revolution
which they were considered to embody. Hamilton,
and no one knew the Constitution better than he, treated
them as the beginnings of an attempt to change the
government, as the germs of a conspiracy to destroy
the Union. As Dr. Von Holst tersely and accurately
states it, “there was no time as yet to attempt
to strangle the healthy human mind in a net of logical
deductions.” That was the work reserved
for John C. Calhoun.