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Daniel Webster by Henry Cabot Lodge
page 129 of 297 (43%)
reasoning, but the principle was unchanged. Mr. Webster's argument was
simple but overwhelming. He admitted fully the right of revolution. He
accepted the proposition that no one was bound to obey an unconstitutional
law; but the essential question was who was to say whether a law was
unconstitutional or not. Each State has that authority, was the reply of
the nullifiers, and if the decision is against the validity of the law it
cannot be executed within the limits of the dissenting State. The vigorous
sarcasm with which Mr. Webster depicted practical nullification, and showed
that it was nothing more or less than revolution when actually carried out,
was really the conclusive answer to the nullifying doctrine. But Mr.
Calhoun and his school eagerly denied that nullification rested on the
right to revolt against oppression. They argued that it was a
constitutional right; that they could live within the Constitution and
beyond it,--inside the house and outside it at one and the same time. They
contended that, the Constitution being a compact between the States, the
Federal government was the creation of the States; yet, in the same breath,
they declared that the general government was a party to the contract from
which it had itself emanated, in order to get rid of the difficulty of
proving that, while the single dissenting State could decide against the
validity of a law, the twenty or more other States, also parties to the
contract, had no right to deliver an opposite judgment which should be
binding as the opinion of the majority of the court. There was nothing very
ingenious or very profound in the argument by which Mr. Webster
demonstrated the absurdity of the doctrine which attempted to make
nullification a peaceable constitutional privilege, when it could be in
practice nothing else than revolution. But the manner in which he put the
argument was magnificent and final. As he himself said, in this very speech
of Samuel Dexter, "his statement was argument, his inference
demonstration."

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