Abbildungen der Seite
PDF
EPUB

argument against them. This was on the 16th February, 1833.* Here is his speech. The Resolutions are in these words:

"Resolved, That the people of the several States, composing these United States, are united as Parties to a Constitutional Compact, to which the people of each State acceded as a separate Sovereign community, each binding itself by its own particular ratification; and that the Union, of which the said Compact is the bond, is a Union between the States ratifying the same.

"Resolved, That the people of the several States, thus united by the Constitutional Compact, in forming that instrument, and in creating a General Government to carry into effect the objects for which they were formed, delegated to that Government, for that purpose, certain definite powers, to be exercised jointly, reserving, at the same time, each State to itself, the residuary mass of powers, to be exercised by its own separate Government; and that whenever the General Government assumes the exercise of powers not delegated by the Compact, its acts are unauthorized, and are of no effect; and that the same Government is not made the final judge of the powers delegated to it, since that would make its discretion, and not the Constitution, the measure of its powers; but that, as in all other cases of Compact among Sovereign parties, without any common judge, each has an equal right to judge for itself, as well of the infraction as of the mode and measure of redress.

"Resolved, That the assertions, that the people of these United States, taken collectively as individuals, are now, or ever have been, united on the principle of the social Compact, and, as such, are now formed into one

*Niles's Register, vol. xliii, Appendix, p. 170.

nation or people, or that they have ever been so united in any one stage of their political existence; that the people of the several States composing the Union have not, as members thereof, retained their Sovereignty; that the allegiance of their citizens has been transferred to the General Government; that they have parted with the right of punishing treason through their respective State Governments; and that they have not the right of judg ing in the last resort as to the extent of the powers reserved, and of consequence of those delegated,-are not only without foundation in truth, but are contrary to the most certain and plain historical facts, and the clearest deductions of reason; and that all exercise of power on the part of the General Government, or any of its departments, claiming authority from such erroneous assumptions, must of necessity be unconstitutional,-must tend, directly and inevitably, to subvert the Sovereignty of the States, to destroy the Federal character of the Union, and to rear on its ruins a consolidated Government, without Constitutional check or limitation, and which must necessarily terminate in the loss of liberty itself."

PROF. NORTON. Yes, these are the Resolutions I refer to, and now let me read such parts of Mr. Webster's speech against them as I think utterly demolish them and the whole superstructure of your argument, which is but an attempt to sustain the principles set forth in these Resolutions.

MR. STEPHENS. Only so far as they maintain the proposition that the Constitution of the United States is a Compact between the States, and that the Government instituted by it is a Federal or Confederated Republic. This is the position which I maintain that I have established.

PROF. NORTON. Well, then, only to the extent of utterly

[graphic][subsumed]
[graphic][subsumed][subsumed][subsumed][subsumed][ocr errors][ocr errors][ocr errors]
« ZurückWeiter »