Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1830-09-17
SPEECH OF HENRY CLAY,

preme and believing that the securities now cnume-
rated, some of them, were adequate, they have
accordingly provided shat the Constitution Of no v:
States and laws made IN pursuance OF 1t, and all
treaties made under the authority of the U. States,
shall be the supreme futo of the lond and thai the
judicial power shall extend To all rases arising I'M
der the Constitution, laws, or treaties, OF the u
States. .
The S. Carolina doctrine, on the other SIDE Is
that that State has the right to determine tho limits
of tho powers granted to the General Government;
and that, whenever any OF It's acts transcend tnose
limits, in the opinion of the State OF >. Carollna'
she is compe cnt annul them. III the power with
which the Federal Government 's invested, by the
Constitution, determine the limits OF Us authority
be liable to the possible danger of ultimate cons"ii-
daion un, AL the safeguards which have been men-
toned might prove inadequate, is not this power,
claimed for S Carolina, fraught with infinitely more
certain, immediate and fatal danger? 1t would re-
verse the rule of supremacy prescribed IN the Con
stitu,ion. 1t would render the authority of single
State paramount to that Of the whole Union. For
undoubtedly that Government to some extent, must
he supreme, which can annu and set aside the acts
of another.
The securities which the people of other parts of
the r. S. possess against the abuse of this trenen-
dous power claimed for S. Carolina, will be found, on
comparison, to he greatly inferior to thoEe which she
has AGAINST the possible abuses OF the General Gov
eminent. They have voice in her councils, they
could not by the of tie elective franchise
change her rulers, they could not rmpeach her judg
es. they could not alter her constitution nor abolish
Under the s. Carolina doctrine, if established, the
consequence would be dissolution of the Union
immediate, inevitable, irresistible. There would be
twenty four chances to against its continued eX
is,ence The unprecedented dangers of the opposite
doctrine, remo,e, contingent, and hardly possible,
are greatly exaggerated, and against their realiza
ton all the precautions have been provided, which
human wisdom and patriotic foresight could Col ceiVe
and devise.
Those who are opposed to the supremacy Of the
constitution laws, and treaties OF the U. States, are
adverse all union, whatever contrary professions
they may make. For it may be truly affirmed: that
no contederacy of States exist without power
somewhere residing in the Government of that con
federacy, to determine the extent Of the authority
granted to it by the confaderating States
1t is admitted, that the South Carolina doc
trinc is liable to abuse; but it is contended that
the patriotism of each state is adequate Sc
curly, and that the nuifying power would only
only be exerted lin all extraordinary where the
powers reserved to the States under the constitu,
are usurped by the Federal government" And is not
the patriotism of all the States great safeguard
against the assumptions of powers not conferred upon
the general government, the patriotism oil
dne State is against the denial of powers which
are clearly granted? But multiplying power is
only to bo exercised in extraordinary case
Who is to judge OF this extraordinary case? What
SECURITY is there, especially in moments of great
element, that State may pronounce the planest
and most common exercise of FEEDER al power an en-
yaordinary case? The expressions in the Constl-
futon, general welfare have been often Justly crit
cised and shown to convey in themselves, power,
although they may Indicate how the delegated pow
er should be exercised But this doctrine of an es-
traordirary case, to be indged fand applied by one
of the tweNty four soveeignties, is repcte with
nitely danger than the doctrine OF the sgener-
al welfare, in the hands of ALL
We may form some idea of future abuses under the
South Carolina doctrine, by the application which is
now proposed to be made of it. The American Sys-
said to furnish extraordinary case, ustfynes
that State nuliify it. Tile power to regulate TO-
reign commerce by tariff, adjusted as to foster
domestic manufactures, has been exercised from
The commencement of our present Constitution, down
to the last session of Congress have been mem
Der of the House of Representatives at three different
periods when the subject of the tariff debated
great length, and neither, according to my reco
lection the want or constitutional power in Con
gress enact it, dweit on, as forming serious and
substantial objection to its passage On the last oc-
cason n think it was) in which participated in the
debate it was Incidentally said be against the siri.
of the constitution Whilst the authority of the ia
ther Of the constitution invoked to sanction, BY n
perversion of his meaning, principles Of disunion and
rebellion, it is rejected to sustain The conroverted
power, although his testimony in support of it has
been clearly and explicitly rendered. This;.power,
thus asserted, exercised and maintained in favor Of
which, leading politicians in South Carolina have
themselves voted, is alleged to furnish San extraurd-
nary case, where the powers reserved to the States
under the constitutions are usurped by the General
Government" IF it be, there IS scarcely statute in
our code which would not present case equally ex
traordnary, justifying South Carolina any other
State TO nullfy it
me Oniteu StaIcS are not only threatened With the
notification of humorous acts which they have deIber-
st-ly passed, bat with withdrawa of one Of the
members from the confederacy. Fl the unhappy case
should ever occur OF State being really DESTROYS to
separate itself from the Union, it wotld present two
questions: The first would be, whether it had right
TO withdraw without the consent of the mem.
bers and supposng, as believe, such right to ex-
st, whether it would be expedient yield CONSENT
Although there may be power to prevent secession
t might be deemed polite to allow it. II might be
considered expei'en. to permit the refractory State
TO take the portion Of goods that faleth to her
to suffer her TO gather her all together, and to
go Oft with her living. But, it State should be
willing, and allowed thus to depart, and to renounce
her future portion of the Inheritance of this great gIo
rious, and prosperous Republic she wonld speediIy
return, and in language ofrepentance say the other
mbers OF this Union, Brethren SCI have sinned n
gainst Heaven and before thee" Whetherthey would
kill the fatted calf, and, Gliding any complaining mem
Der OF the family say hs thy sister dead and is
alive; and was lost. and is found sincerely pray
the historian may never have occasion to record
But nulGation and dIsuuIou suy nor Tho r,s,
formidable OF aSssiinn lie