executed. No law professedly passed for the purpose of compelling a service in the regular army, nor any law, which under color of military draft, shall compel men to serve in the army, not for the emergencies mentioned in the Constitution, but for long periods, & for the general objects of war, can be carried into effect. In my opinion, it ought not to be carried into effect. The operation of measures thus unconstitutional & illegal ought to be prevented, by a resort to other measures which are both constitutional & legal. It will be the solemn duty of the State Governments to protect their own authority over their own Militia, & to interpose between their citizens & arbitrary power. These are among the objects for which the State Governments exist; & their highest obligations bind them to the preservation of their own rights & the liberties of their people.[supp 1] I express these sentiments here, Sir, because I shall express them to my constituents. Both they & myself live under a Constitution which teaches us, that "the doctrine of non-resistance against arbitrary power & oppression, is absurd, slavish, & destructive of the good & happiness of mankind."[1] With the same earnestness with which I now exhort you to forebear from these measures, I shall exhort them to exercise their unquestionable right of providing for the security of their own liberties.
In my opinion, Sir, the sentiments of the free population of this country are greatly mistaken here. The nation is not yet in a temper to submit to conscription. The people have too fresh & strong a feeling of the blessings of civil liberty to be willing thus to surrender it. You may talk to them as much as you please, of the victory & glory to be obtained in the Enemy's Provinces; they will hold those objects in light estimation, if the means be a forced military service. You may sing to them the song of Canada Conquests in all its variety, but they will not be charmed out of the remembrance of their substantial interests, & true happiness. Similar pretences, they know, are the graves in which the liberties of other nations have been buried, & they will take warning.
Laws, Sir, of this nature can create nothing but opposition. If you scatter them abroad, like the fabled serpents' teeth, they will spring up into armed men. A military force cannot be raised, in this manner, but by the means of a military force. If the administration has found that it cannot form an army without
- ↑ New Hampshire Bill of Rights.
- ↑ In Webster's Second Reply to Hayne (1830), Webster spoke against these principles, namely nullification and states' rights, as part of the debates over the South Carolina Nullification Crisis. South Carolina had nullified tariff laws that it felt unfairly and unconstitutionally damaged its economy. (Wikisource contributor note)
