Second Reply to Hayne Persuasive Speech
Mr. President, when the mariner has been tossed for many days in thick weather, and on an
unknown sea, he naturally avails himself of the first pause in the storm, the earliest glance of the
sun, to take his latitude, and ascertain how far the elements have driven him from his true course.
Let us imitate this prudence, and, before we float farther on the waves of this debate, refer to the
point from which we departed, that we may at least be able to conjecture where we now are.
There yet remains, Mr. President, by far the most grave and important duty which I feel to be
devolved on me by this occasion. It is to state and defend what I consider to be the true principles of
the Constitution under which we are here assembled.
I understand the honorable gentleman from South Carolina to maintain that it is a right of the State
legislatures to interfere, whenever, in their judgment, this government transcends its constitutional
limits, and to arrest the operation of its laws.
The great question is, Whose prerogative is it to decide on the constitutionality or unconstitutionality
of the laws? The proposition, that, in case of a supposed violation of the Constitution by Congress,
the States have a constitutional right to interfere and annul the law of Congress, is the proposition of
the gentleman. I do not admit it.
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?
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.
The people, then, Sir, erected this government. They gave it a Constitution, and in that Constitution
they have enumerated the powers which they bestow on it. They have made it a limited
government. They have defined its authority.
Sir, I deny this power of State legislatures altogether. It cannot stand the test of examination. The
States cannot constitutionally annul acts of Congress or stop the operation of the general
government by their own laws.
I profess, Sir, in my career hitherto, to have kept steadily in view the prosperity and honor of the
whole country, and the preservation of our Federal Union. It is to that Union we owe our safety at
home, and our consideration and dignity abroad.
While the Union lasts we have high, exciting, gratifying prospects spread out before us, for us and
our children. Beyond that I seek not to penetrate the veil.
