A Compilation of the Messages and Papers of the Presidents. Volume 5, part 4: James Buchanan
History
A Compilation of the Messages and Papers of the Presidents. Volume 5, part 4: James Buchanan
Buchanan, James, 1791-1868; Presidents -- United States; United States -- History -- Sources; United States -- Politics and government
Such a principle is wholly inconsistent with the history as well as the
character of the Federal Constitution. After it was framed with the
greatest deliberation and care it was submitted to conventions of the
people of the several States for ratification. Its provisions were
discussed at length in these bodies, composed of the first men of the
country. Its opponents contended that it conferred powers upon the
Federal Government dangerous to the rights of the States, whilst its
advocates maintained that under a fair construction of the instrument
there was no foundation for such apprehensions. In that mighty struggle
between the first intellects of this or any other country it never
occurred to any individual, either among its opponents or advocates,
to assert or even to intimate that their efforts were all vain labor,
because the moment that any State felt herself aggrieved she might
secede from the Union. What a crushing argument would this have proved
against those who dreaded that the rights of the States would be
endangered by the Constitution! The truth is that it was not until many
years after the origin of the Federal Government that such a proposition
was first advanced. It was then met and refuted by the conclusive
arguments of General Jackson, who in his message of the 16th of January,
1833, transmitting the nullifying ordinance of South Carolina to
Congress, employs the following language:
The right of the people of a single State to absolve themselves at will
and without the consent of the other States from their most solemn
obligations, and hazard the liberties and happiness of the millions
composing this Union, can not be acknowledged. Such authority is
believed to be utterly repugnant both to the principles upon which
the General Government is constituted and to the objects which it is
expressly formed to attain.
It is not pretended that any clause in the Constitution gives
countenance to such a theory. It is altogether founded upon inference;
not from any language contained in the instrument itself, but from the
sovereign character of the several States by which it was ratified.
But is it beyond the power of a State, like an individual, to yield a
portion of its sovereign rights to secure the remainder? In the language
of Mr. Madison, who has been called the father of the Constitution--
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account