Page:Southern Historical Society Papers volume 40.djvu/20

16 Right or wrong, thundered President Jackson, these federal laws must be obeyed unless and until repealed by the same power (Congress) that enacted them, or unless and until declared unconstitutional by the federal supreme court; and if not voluntarily obeyed, then obedience shall be enforced by the fratricidal sword. To like effect argued Webster. You have the right, said he, to resist laws deemed oppressive, if you so please—but it is the right of revolution, no more; justifiable only if successful, and if not successful, subject to the dread penalties of high treason.

Ours is a constitutional remedy, Hayne replied, and a peaceable one. (a) The right of revolution exists independently of the constitution. That instrument expressly declares that all powers not delegated to the central government remains to the several States, or the people; that is, to the people of those several States. This power of deciding the constitutionality or the unconstitutionality of laws of Congress, being not given in the constitution either to Congress or to the federal supreme court, remains to the several States. Ours is a peaceable remedy—unless you of the North force on us the issue of war. And only if honor with peace within the union be found no longer possible, then will we exercise that other peaceable remedy of secession or withdrawal from the partnership of States in order that, like Abraham and Lot of old, we may dwell apart in peace, rather than remain together in dissension. And if you, like George III, still pursue us with hostile intent and the sword be drawn, then upon you of the North, not upon us, must the awful responsibility rest.

For answer to this plea of peace by South Carolina, Jackson, Webster and the North passed the Force Bill, as it was called, of 1833; a bill providing for the enforcement of the tariff laws, if need be, by force of arms. But at the same time, in view of South Carolina's determined front, and signs of growing support for her from other Southern States, Jackson and Congress passed, also, the Clay Compromise bill scaling down the tariff to meet Carolina's demands.