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
“But in regard to this question the Constitution is still more
express and emphatic. It declares that the judicial power of
the United States shall extend to all _cases_ in law or equity
arising under the Constitution, laws of the United States, and
treaties; that there shall be one Supreme Court, and that this
Supreme Court shall have appellate jurisdiction of all these
cases, subject to such exceptions as Congress may make.”
“No language could provide with more effect and precision than
is here done, for subjecting constitutional questions to the
ultimate decision of the Supreme Court.” “And after the
Constitution was formed and while the whole country was
engaged in discussing its merits, one of its most
distinguished advocates, Madison, told the people ‘it was true
that in controversies relating to the boundary between the two
jurisdictions, the tribunal which is ultimately to decide is
to be established under the General Government.’ Mr. Martin
who had been a member of the convention, asserted the same
thing to the Legislature of Maryland and urged it as a reason
for rejecting the Constitution.[7] Mr. Pinckney, himself also
a leading member of the convention, declared it to the people
of South Carolina; everywhere it was admitted by friends and
foes that this power was given to the United States Judiciary
in the Constitution.”
[7] As the whole question of nullification depends upon whether a
State is bound by a decision of the United States Court we give Mr.
Martin’s succinct and comprehensive statement of the power that the
third article of the Constitution conferred on the United States.
“Whether, therefore, any laws or _regulations_ of the Congress, any
acts of _its President or other officers_, are contrary to, or not
warranted by the Constitution, rests only with the judges, who are
appointed by Congress, to determine; by whose determination every
State must _be bound_.” Luther Martin’s letter, Elliot’s _Debates_
(second ed.), 1863, vol. i., p. 380.
We must bear in mind that this discussion was on the power of South
Carolina while remaining in the Union to declare the laws of the United
States null and void, and her own laws preventing their execution valid.
A singular claim that a State could enjoy the benefits of the Union and
at the same time disobey its laws; this is nullification which Mr.
Webster had to combat. His argument, however, applies equally strongly
to the claim of the right of secession. Indeed he says in his speech in
reply to Calhoun:
Public-domain text, read in full here on John Shaqi.
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