the judicial power shall extend to all cases arising under the Constitution and laws of the United States.”  These two provisions cover the whole ground.  They are, in truth, the keystone of the arch!  With these it is a government, without them a confederation.  In pursuance of these clear and express provisions, Congress established, at its very first session, in the judicial act, a mode for carrying them into full effect, and for bringing all questions of constitutional power to the final decision of the Supreme Court.  It then, sir, became a government.  It then had the means of self-protection; and but for this, it would, in all probability, have been now among things which are past.  Having constituted the Government, and declared its powers, the people have further said, that, since somebody must decide on the extent of these powers, the Government shall itself decide; subject, always, like other popular governments, to its responsibility to the people.  And now, sir, I repeat, how is it that a State legislature acquires any power to interfere?  Who, or what gives them the right to say to the people:  “We, who are your agents and servants for one purpose, will undertake to decide, that your other agents and servants, appointed by you for another purpose, have transcended the authority you gave them!” The reply would be, I think, not impertinent:  “Who made you a judge over another’s servants?  To their own masters they stand or fall.”

Sir, I deny this power of State legislatures altogether.  It cannot stand the test of examination.  Gentlemen may say, that, in an extreme case, a State government may protect the people from intolerable oppression.  Sir, in such a case the people might protect themselves without the aid of the State governments.  Such a case warrants revolution.  It must make, when it comes, a law for itself.  A nullifying act of a State legislature cannot alter the case, nor make resistance any more lawful.  In maintaining these sentiments, sir, I am but asserting the rights of the people.  I state what they have declared, and insist on their right to declare it.

They have chosen to repose this power in the General Government, and I think it my duty to support it like other constitutional powers.

For myself, sir, I do not admit the competency of South Carolina or any other State to prescribe my constitutional duty; or to settle, between me and the people the validity of laws of Congress for which I have voted.  I decline her umpirage.  I have not sworn to support the Constitution according to her construction of the clauses.  I have not stipulated by my oath of office or otherwise, to come under any responsibility, except to the people, and those whom they have appointed to pass upon the question, whether laws, supported by my votes, conform to the Constitution of the country.  And, sir, if we look to the general nature of the case, could any thing have been more preposterous than to make a government