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
The South during the civil war claimed that the States made the
government of the United States, and that the States were and remained
independent sovereign nations. And each State being an independent
sovereign nation, had the right to decide whether the power it had given
to the United States Government was properly exercised by its
Legislature or its officers, and to declare and treat as a nullity and
as void any law passed, any act done in excess of that authority, and to
withdraw from the Confederacy--that is, to secede, at its will.
It will at once be seen, as the time during which the Union is to endure
is not limited in the Constitution, that, if this right of secession
exists, a State could leave the day after it adopted the Constitution.
The Union is either perpetual or dissoluble at pleasure. In the
secession ordinances passed by the Southern States at the commencement
of the civil war the ground was taken that the States of their sovereign
right and will resumed their place as independent nations. That is, the
duration of the Union was from the very beginning at the caprice of each
and every State. No less, if the doctrine of nullification be correct,
that each State can declare and treat as null and void the acts of the
United States it deems beyond the powers it has granted, it can nullify
and make void the laws of the United States, all the acts of its
officers, all the judiciary proceedings at its caprice.
Nor is it extravagant to say caprice. South Carolina’s nullification and
secession acts and resolves in 1832 were on the ground of the
unconstitutionality of a protective tariff. There had been a great
number of protective tariffs enacted before, which South Carolina had
favored by her votes, and the second law of the United States, enacted
at the commencement of the government, at the first session of the first
Congress, was for the protection and encouragement of manufactures. Its
preamble is: “Whereas, it is necessary for the support of government,
for the discharge of the debts of the United States, and the
encouragement and protection of manufactures, that duties be laid on
goods, wares, and merchandise imported.” Madison,[10] who was the leader
of the House of Representatives in this first Congress, wrote that no
one questioned the right of making protective duties. Billions of
dollars have been levied by the collection of protective duties from the
beginning of the government to the present day. No litigant paying
duties even as excessive as those on pearl buttons and tin plates, nor
lawyer, a class not diffident in advancing untenable claims, has been
found, as far as we know, to question before the Supreme Court the
legality of these duties, because they were protective or paid this
slight reverence to a doctrine in support of which South Carolina
threatened war and secession.
Public-domain text, read in full here on John Shaqi.
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