Nullification, Secession, Webster's Argument, and the Kentucky and Virginia Resolutions: Considered in Reference to the Constitution and HistoricallyLoring, Caleb William
History
Nullification, Secession, Webster's Argument, and the Kentucky and Virginia Resolutions: Considered in Reference to the Constitution and Historically
Loring, Caleb William
Nullification (States' rights); Secession
It was from Webster’s declaration, “It is the people’s Constitution, the
people’s government; made for the people; made by the people and
answerable to the people,” that Lincoln took the closing words of his
short immortal Gettysburg address, and applied them to the national
soldiers who had there died for the Union: “That this nation, under God,
shall have a new birth of freedom, and that government of the people, by
the people, for the people, shall not perish from the earth.”
Webster referred to contemporary history, to the writings of the
_Federalist_, to the debates in the conventions, to the publications of
friends and foes, as all agreeing in the statement that a change had
been made from a confederacy of States to a different system, to a
national government. The writers of the _Federalist_ say:
“However gross a heresy it may be to maintain, that a party to
a compact has a right to revoke the compact, the doctrine
itself has had respectable advocates. The possibility of a
question of this nature proves the necessity of laying the
foundations of our national government deeper than in the mere
sanction of delegated authority. The fabric of American empire
ought to rest on the solid basis _of the consent of the
people_.”
And amongst all the ratifications by the States, there is not one which
speaks of the Constitution as a compact between States. “They say they
ordain and establish it; we do not speak of ordaining leagues and
compacts.” He argued that the Constitution that was formed was not a
league, confederacy, or compact between States, but a _government
proper_, creating direct relations between itself and individuals of the
States. It punished all crimes committed against the United States. It
had power to tax individuals, in any mode and to any extent, and it
possessed the power of demanding from individuals military service. “It
does not call itself a compact; it uses the word compact but once and
that is when it declares that the States shall enter into no compact. It
does not call itself a league or a confederacy but it declares itself a
constitution.” “A constitution is the fundamental regulation which
determines the manner in which the public authority is to be
executed,”[6] “the very being of the political society.” It says, this
Constitution shall be the law of the land, anything in any State
constitution to the contrary notwithstanding; “and it speaks of itself,
too, in plain contradistinction from a confederation; for it says that
all debts contracted and all engagements entered into by the United
States shall be as valid under this Constitution as under the
confederation; it does not say as valid under this compact, or this
league, or this confederation.”
Public-domain text, read in full here on John Shaqi.
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