If there is to be found within the pages of history where the government of a great, powerful and prosperous nation suffered treason to spread over one-third of the entire country, coupled with the open and revolting acts of violence that have characterized this rebellion, without the first attempt to check its destructive progress, it is not within the range of my knowledge.
Although the grounds for argument to show that this government was established by the people collectively of the whole country, (and not by the several States, as claimed by some,) and that it can only be rightfully altered or abolished by a constitutional majority of the same power that established it, would seem to have been entirely gone over, nevertheless we propose to introduce the additional evidence of that noble, honored statesman, and able constitutional expounder, Daniel Webster.
On the 21st day of January, 1830, Mr. Hayne delivered in the Senate of the United States a very able speech advocating the right of the various States to nullify the laws of Congress in certain contingencies, or what might be more properly called the South Carolina doctrine, embracing the right to nullify the laws of Congress, or declare herself out of the Union at pleasure. His speech was considered a complete succces by the advocates of his sentiments, and was thought by them an unanswerable vindication of those principles, and when Mr. Webster undertook the task of replying to Mr. Hayne, he was met with jeers by the friends of nullication; but as the volume of his reasoning began to unfold itself, all eyes were attentively turned toward the speaker. After proceeding to state the grounds upon which was founded the pretended right to nullify the acts of Congress, Mr. Webster said:
"This leads us to inquire into the origin of this government and the source of its power. Whose agent is it? Is it the creature of the State legislatures, or the creature of the people? If the government of the United States be the agent of the State governments, then they may control it, provided they can agree in the manner of controlling it; if it is the agent of the people, then the people alone can control it, restrain it, modify or reform it. It is observable enough, that the doctrine for which the honorable gentleman contends leads him to the necessity of maintaining, not only that this general government is the creature of the States, but that it is the creature of each of the States severally; so that each may assert the power, for itself, of determining whether it acts within the limits of its authority. It is the servant of four and twenty masters, of different wills and purposes; and yet bound to obey all. This absurdity (for it seems no less) arises from a misconception as to the origin of this government, and its true character. It is, sir, the people's constitution, the people's government; made for the people; made by the people; and answerable to the people. The people of the United States have declared that this constitution shall be the supreme law. We must either admit the proposition, or dispute their authority. The States are unquestionably sovereign, so far as their sovereignty is not affected by this supreme law. The State legislatures, as political bodies, however sovereign, are yet not sovereign over the people. So far as the people have given power to the general government, so far the grant is unquestionably good, and the government holds of the people, and not of the State governments. 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.