American Eloquence, Volume 3: Studies In American Political History (1897)
History
American Eloquence, Volume 3: Studies In American Political History (1897)
Speeches, addresses, etc., American; United States -- History; United States -- Politics and government
had formed such a compact; if it were not true that the adoption of
the Constitution was a mere alteration of the form of a political state
already in existence; it would follow, as the Kentucky resolutions
asserted, that each State had the exclusive right to decide for itself
when the compact had been broken, and the mode and measure of redress.
It followed, also, that, if the existence and force of the Constitution
in a State were due solely to the sovereign will of the State, the
sovereign will of the State was competent, on occasion, to oust the
Constitution from the jurisdiction covered by the State. In brief, the
Union was wholly voluntary in its formation and in its continuance; and
each State reserved the unquestionable right to secede, to abandon the
Union, and assume an independent existence whenever due reason, in
the exclusive judgment of the State, should arise. These latter
consequences, not stated in the Kentucky resolutions, and apparently not
contemplated by the Virginia resolutions, were put into complete form by
Professor Tucker, of the University of Virginia, in 1803, in the notes
to his edition of "Blackstone's Commentaries." Thereafter its statements
of American constitutional law controlled the political training of the
South.
Madison held a modification of the State sovereignty theory, which has
counted among its adherents the mass of the ability and influence
of American authorities on constitutional law. Holding that the
Constitution was a compact, and that the States were the parties to it,
he held that one of the conditions of the compact was the abandonment
of State sovereignty; that the States were sovereign until 1787-8, but
thereafter only members of a political state, the United States. This
seems to have been the ground taken by Webster, in his debates with
Hayne and Calhoun. It was supported by the instances in which the
appearance of a sovereignty in each State was yielded in the fourteen
years before 1787; but, unfortunately for the theory, Calhoun was able
to produce instances exactly parallel after 1787. If the fact that each
State predicated its own sovereignty as an essential part of the steps
preliminary to the convention of 1787 be a sound argument for State
sovereignty before 1787, the fact that each State predicated its
sovereignty as an essential part of the ratification of the Constitution
must be taken as an equally sound argument for State sovereignty under
the Constitution; and it seems difficult, on the Madison theory, to
resist Calhoun's triumphant conclusion that, if the States went into the
convention as sovereign States, they came out of it as sovereign States,
with, of course, the right of secession. Calhoun himself had a sincere
desire to avoid the exercise of the right of secession, and it was as a
substitute for it that he evolved his doctrine of nullification,
which has been placed in the first volume. When it failed in 1833, the
Public-domain text, read in full here on John Shaqi.
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