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Updated: May 9, 2025
Sir, the human mind is so constituted, that the merits of both sides of a controversy appear very clear, and very palpable, to those who respectively espouse them; and both sides usually grow clearer as the controversy advances. South Carolina sees unconstitutionality in the tariff; she sees oppression there also, and she sees danger.
This is the plain meaning of the ordinance in relation to laws which it abrogates for alleged unconstitutionality. But it does not stop there. It repeals in express terms an important part of the Constitution itself and of laws passed to give it effect, which have never been alleged to be unconstitutional.
In the debates on the financial questions that enlisted the attention of Congress at this session he took a leading part, and in May, 1868, he delivered a speech on "The Political and Financial condition of the Country," which took strong ground against the unconstitutionality of the Legal Tenders, whilst approving the passage of the Legal Tender Act as a measure of military necessity at the time.
One number, issued just after James Franklin's release, was nearly filled with passages from 'Magna Charta, and comments upon the same, showing the unconstitutionality of the treatment to which he had been subjected.
And I respectfully ask that this my protest may be entered upon the Journal of the House of Representatives as a solemn and formal declaration for all time to come against the injustice and unconstitutionality of such a proceeding. WASHINGTON, December 6, 1842.
To disfranchise this class and leave the degraded whites in possession of the ballot would, as we see the matter, be a blunder, if not a crime. The question has yet to be submitted to a popular vote. We hope it will be decided in the negative. Both the Louisiana Senators are on record as proclaiming the unconstitutionality of the law.
But by far the most disquieting objection brought forward against this plan of the Secretary's was its alleged unconstitutionality. Monroe, although a new man, and speaking seldom, exerted a systematic opposition in the Senate, and Madison, in the House, argued, with lucidity and persistence, that the Constitution had no power to grant a charter to any such institution as the Secretary proposed.
If Hamilton realized at once that Jefferson would be quick to seize upon their apparent unconstitutionality and convert it into political capital, he seems to have stood alone, although his protests resulted in the modification of both bills. If we make no false step we shall be essentially united; but if we push things to an extreme, we shall then give to faction body and solidity.
Not foreseeing the dangerous power and countless evils which such an institution might entail on the country, nor perceiving the connection which it was designed to form between the bank and the other branches of the miscalled "American system," but feeling the embarrassments of the Treasury and of the business of the country consequent upon the war, some of our statesmen who had held different and sounder views were induced to yield their scruples and, indeed, settled convictions of its unconstitutionality, and to give it their sanction as an expedient which they vainly hoped might produce relief.
This no one doubts, and this, in my opinion, is all that he who framed the resolutions could have meant by it; for I shall not readily believe that he was ever of opinion that a State, under the Constitution and in conformity with it, could, upon the ground of her own opinion of its unconstitutionality, however clear and palpable she might think the case, annul a law of Congress, so far as it should operate on herself by her own legislative power.
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