A Critical Study of Nullification in South Carolina

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Longmans, Green, and Company, 1896 - Nullification - 169 pages

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Page 114 - I consider, then, the power to annul a law of the United States, assumed by one state, incompatible with the existence of the Union, contradicted expressly by the letter of the Constitution, unauthorized by its spirit, inconsistent with every principle on which it was founded, and destructive of the great object for which it was formed.
Page 18 - That the government created by this compact was not made the exclusive or final judge of the extent of the powers delegated to itself; since that would have made its discretion, and not the Constitution, the measure of its powers; but that, as in all other cases of compact among parties having no common judge, each party has an equal right to judge for itself, as well of infractions, as of the mode and measure of redress.
Page 90 - The people have preserved this, their own chosen Constitution, for forty years, and have seen their happiness, prosperity, and renown grow with its growth, and strengthen with its strength. They are now, generally, strongly attached to it. Overthrown by direct assault, it cannot be; evaded, undermined, NULLIFIED, it will not be, if we, and those who shall succeed us here, as agents and representatives of the people, shall conscientiously and vigilantly discharge the two great branches of our public...
Page 89 - We are all agents of the same supreme power, the people. The general government and the state governments derive their authority from the same source. Neither can, in relation to the other, be called primary, though one is definite and restricted, and the other general and residuary.
Page 18 - ... the compact to which the states are parties, as limited by the plain sense and intention of the instrument constituting that compact, as no further valid than they are authorized by the grants enumerated in that compact ; and that, in case of a deliberate, palpable, and dangerous exercise of other powers, not granted by the said compact, the states, who are parties thereto, have the right, and are in duty bound, to interpose, for arresting the progress of the evil, and for maintaining, within...
Page 84 - I know that there are some persons in the part of the country from which the honorable member comes who habitually speak of the Union in terms of indifference or even of disparagement.
Page 93 - The Union : Next to our Liberty the most dear : may we all remember that it can only be preserved by respecting the rights of the States, and distributing equally the benefit and burden of the Union.
Page 145 - State ; but it shall be the duty of the legislature to adopt such measures and pass such acts as may be necessary to give full effect to this ordinance, and to prevent the enforcement and arrest the operation of the said acts and parts of acts of the Congress of the United States within the limits of this State...
Page 89 - ... ultimate violent remedy, above the constitution and in defiance of the constitution, which may be resorted to when a revolution is to be justified. But I do not admit that, under the constitution and in conformity with it, there is any mode in which a state government, as a member of the Union, can interfere and stop the progress of the general government, by force of her own laws, under any circumstances whatever.
Page 89 - Constitution too, which contains an express provision, as it happens, that all duties shall be equal in all the States. Does not this approach absurdity? If there be no power to settle such questions, independent of either of the States, is not the whole Union a rope of sand?

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