American Eloquence, Volume III. (of 4) by Various


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Page 68

It is known to Senators who have served with me here, that I have for
many years advocated, as an essential attribute of State sovereignty,
the right of a State to secede from the Union. Therefore, if I had not
believed there was justifiable cause; if I had thought that Mississippi
was acting without sufficient provocation, or without an existing
necessity, I should still, under my theory of the Government, because of
my allegiance to the State of which I am a citizen, have been bound by
her action. I, however, may be permitted to say that I do think that she
has justifiable cause, and I approve of her act. I conferred with her
people before that act was taken, counselled them then that if the state
of things which they apprehended should exist when the convention met,
they should take the action which they have now adopted.

I hope none who hear me will confound this expression of mine with
the advocacy of the right of a State to remain in the Union, and to
disregard its constitutional obligations by the nullification of the
law. Such is not my theory. Nullification and secession, so often
confounded, are indeed antagonistic principles. Nullification is a
remedy which it is sought to apply within the Union, and against the
agent of the States. It is only to be justified when the agent has
violated his constitutional obligation, and a State, assuming to judge
for itself, denies the right of the agent thus to act, and appeals
to the other States of the Union for a decision; but when the States
themselves, and when the people of the States, have so acted as to
convince us that they will not regard our constitutional rights, then,
and then for the first time, arises the doctrine of secession in its
practical application.

A great man who now reposes with his fathers, and who has been often
arraigned for a want of fealty to the Union, advocated the doctrine of
nullification, because it preserved the Union. It was because of his
deep-seated attachment to the Union, his determination to find some
remedy for existing ills short of a severance of the ties which bound
South Carolina to the other States, that Mr. Calhoun advocated the
doctrine of nullification, which he proclaimed to be peaceful, to be
within the limits of State power, not to disturb the Union, but only to
be a means of bringing the agent before the tribunal of the States for
their judgment.

Secession belongs to a different class of remedies. It is to be
justified upon the basis that the States are sovereign. There was a
time when none denied it. I hope the time may come again, when a better
comprehension of the theory of our Government, and the inalienable
rights of the people of the States, will prevent any one from denying
that each State is a sovereign, and thus may reclaim the grants which it
has made to any agent whomsoever.

I therefore say I concur in the action of the people of Mississippi,
believing it to be necessary and proper, and should have been bound by
their action if my belief had been otherwise; and this brings me to the
important point which I wish on this last occasion to present to the
Senate. It is by this confounding of nullification and secession that
the name of the great man, whose ashes now mingle with his mother earth,
has been invoked to justify coercion against a seceded State. The phrase
"to execute the laws," was an expression which General Jackson applied
to the case of a State refusing to obey the laws while yet a member of
the Union. That is not the case which is now presented. The laws are to
be executed over the United States, and upon the people of the United
States. They have no relation to any foreign country. It is a perversion
of terms, at least it is a great misapprehension of the case, which
cites that expression for application to a State which has withdrawn
from the Union. You may make war on a foreign State. If it be the
purpose of gentlemen, they may make war against a State which has
withdrawn from the Union; but there are no laws of the United States
to be executed within the limits of a seceded State. A State finding
herself in the condition in which Mississippi has judged she is, in
which her safety requires that she should provide for the maintenance of
her rights out of the Union, surrenders all the benefits (and they are
known to be many), deprives herself of the advantages (they are known
to be great), severs all the ties of affection (and they are close and
enduring) which have bound her to the Union; and thus divesting herself
of every benefit, taking upon herself every burden, she claims to be
exempt from any power to execute the laws of the United States within
her limits.

I well remember an occasion when Massachusetts was arraigned before the
bar of the Senate, and when then the doctrine of coercion was rife and
to be applied against her because of the rescue of a fugitive slave in
Boston. My opinion then was the same that it is now. Not in a spirit of
egotism, but to show that I am not influenced in my opinion because the
case is my own, I refer to that time and that occasion as containing
the opinion which I then entertained, and on which my present conduct
is based. I then said, if Massachusetts, following her through a stated
line of conduct, chooses to take the last step which separates her from
the Union, it is her right to go, and I will neither vote one dollar or
one man to coerce her back; but will say to her, God speed, in memory
of the kind associations which once existed between her and the other
States.

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Books | Photos | Paul Mutton | Fri 6th Feb 2026, 1:46