Charleston: A. & E. Miller, 1831. 47, [1 blank] pp. Stitched, untrimmed. Tanned and moderately foxed. Good+.
Hayne was in his final term as U.S. Senator from South Carolina, and the principal ideological opponent of Daniel Webster in the conflict over the nature of the Union. He became the primary voice of Nullification in Carolina's faceoff with Andrew Jackson.
Here he extols the virtues of the Revolution, the Society of Cincinnati, strict constructionism, State Rights, and Free Trade. His oration is a sophisticated, detailed analysis of the primacy of State Rights within the constitutional framework, and an artful defence of Nullification. Hayne argues "that before the General Government can lawfully exercise any power, they must be able to shew that it has been clearly granted in the charter, while the States, on the contrary, may exercise all powers not expressly taken away." Hayne's foe is a Federal Government which, "in their lust of dominion, or rather their lust of gain, have assumed to themselves...arbitrary power" to "tax us to the extent of our fortunes, to colonization, emancipation, or what they please." The tariff system exists "because, it is deemed expedient that Northern manufactures should be made profitable at the expense of Southern industry."
Hayne argues that the U.S. Supreme Court is not the final judge of a State's authority; each constituent State has retained that power. This is an excellent and learned oration, weaving together the various strands of the Strict Construction canon.
FIRST EDITION. II Turnbull 234. AI 7483 . Not in Cohen. Item #24588