Sir, I consider this bill, and the arguments which
have been urged on this floor in its support, as the
most triumphant acknowledgment that nullification
is peaceful and efficient, and so deeply intrenched
in the principles of our system, that it cannot be
assailed but by prostrating the Constitution, and substituting
the supremacy of military force in lieu of the supremacy
of the laws. In fact, the advocates of this bill
refute their own argument. They tell us that
the ordinance is unconstitutional; that it infracts
the constitution of South Carolina, although, to me,
the objection appears absurd, as it was adopted by
the very authority which adopted the constitution
itself. They also tell us that the Supreme Court
is the appointed arbiter of all controversies between
a State and the General Government. Why, then,
do they not leave this controversy to that tribunal?
Why do they not confide to them the abrogation of the
ordinance, and the laws made in pursuance of it, and
the assertion of that supremacy which they claim for
the laws of Congress? The State stands pledged
to resist no process of the court. Why, then,
confer on the President the extensive and unlimited
powers provided in this bill? Why authorize him
to use military force to arrest the civil process of
the State? But one answer can be given: That,
in a contest between the State and the General Government,
if the resistance be limited on both sides to the
civil process, the State, by its inherent sovereignty,
standing upon its reserved powers, will prove too powerful
in such a controversy, and must triumph over the Federal
Government, sustained by its delegated and limited
authority; and in this answer we have an acknowledgment
of the truth of those great principles for which the
State has so firmly and nobly contended. * * *
Notwithstanding all that has been said, I may say
that neither the Senator from Delaware (Mr. Clayton),
nor any other who has spoken on the same side, has
directly and fairly met the great question at issue:
Is this a Federal Union? a union of States, as distinct
from that of individuals? Is the sovereignty
in the several States, or in the American people in
the aggregate? The very language which we are
compelled to use when speaking of our political institutions,
affords proof conclusive as to its real character.
The terms union, federal, united, all imply a combination
of sovereignties, a confederation of States.
They never apply to an association of individuals.
Who ever heard of the United State of New York, of
Massachusetts, or of Virginia? Who ever heard
the term federal or union applied to the aggregation
of individuals into one community? Nor is the
other point less clear—that the sovereignty
is in the several States, and that our system is a
union of twenty-four sovereign powers, under a constitutional
compact, and not of a divided sovereignty between
the States severally and the United States? In
spite of all that has been said, I maintain that sovereignty