Page:Southern Historical Society Papers volume 28.djvu/170

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constituents, after the passage of the tariff act of 1832: "That in this manner the burden of supporting the government was thrown exclusively on the Southern States, and the other states gained more than they lost by the operations of the revenue system." The nullification proceedings in South Carolina ensued upon the passage of the act of 1832. The discussion of the doctrine, or theory, of nullification, was begun by some southern members of Congress, notably by Senator Hayne, of South Carolina, in January, 1830. Senator Hayne asserted the right of a state ' ' to interpose and arrest the execution of any federal measure oppressive to its citizens and violative of the Constitution, and as a last resort to retire from the union." Mr. Grady observes that "this was an unfortunate move, aside from any merit in it; it united against those who held Mr. Hayne's opinions many of the honest and sincere friends of the union and all those who were, or hoped to be, beneficiaries of Federal legislation. Naturally, a champion of the union was sought for; and he was found in Daniel Webster, whose reply to Hayne added very much to his fame, was regarded as a coup de grace to States' rights, and became as familiar as ' Mother Goose's Melodies ' in ever}' section of the union." Mr. Webster delivered two speeches in the course of the debate, one on January 25th, and the other two days after, as a rejoinder. Mr. Grady considers the two together and summarizes them as follows:

' ' First He ^Webster) asserts that the power of Congress is unlim- ited in granting public lands for roads, canals, education, etc., in Ohio and other western States, without regard to the conditions on which Virginia and other States ceded the lands to the United States ; and he finds his authority in the ' common good, ' it being, he declares, ' fairly embraced in its objects and terms.'

" Second Of ihe government he says: ' It is not the creature of State legislatures; nay, more, if the whole truth must be told, the people brought it into existence, established it and have hitherto supported it, for the very purpose, among others, of imposing cer- tain salutary restraints on State sovereignties. '

"Third Having not lived to see the 'reconstruction measures' thrown out of court as not coming under its jurisdiction, he asserts that all questions involving the rights of States and the powers of Congress being for decision to the United States courts.

" Fourth Of the government, again, he says:

"So far from saying that it is established by the governments of