Nullification, Secession, Webster's Argument, and the Kentucky and Virginia Resolutions: Considered in Reference to the Constitution and Historically — John Shaqi
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
[10] See 4 Elliot’s _Debates_, pp. 345 and 349, showing at the
inception and in the early period of our government protective duties
were apparently universally approved by Congress and the Presidents.
It seems only necessary to state the viciousness of this doctrine of
nullification and secession, that every State could practically put its
veto on every law and act of the General Government it questioned, and
dissolve it at its pleasure, to prove that no such impracticable
government was established. Certainly, reasoning _a priori_, this
doctrine has no standing.
Our General Government differs from that of Great Britain and nearly all
other governments in that it is created by a written Constitution, and
its authority is limited by that Constitution. The power of Parliament
is imperial; there is no limit to it; it does what it deems best. There
apparently is an almost insurmountable difficulty in the writers of
other countries, only knowing unlimited, imperial supreme governments,
to comprehend that a government of limited powers can be supreme in the
powers granted to it. Knowing that the powers of our General Government
are limited, they are apt to draw the conclusion that the fundamental
unlimited power must be in the subordinate component parts, the States.
Our States, as well as the General Government, have limited powers
granted by written constitutions. The State governments are not only
limited in their powers, but the people, who established them in their
constitutions, have invariably recognized the supreme power of the
General Government; in none of them have they undertaken to confer on
the State Legislatures or government powers in conflict with the
sovereign national powers of the General Government. The powers given to
the State governments are subordinate and local. All the constitutions,
State and General, have had the sanction and an adoption by the people.
The argument of Hayne, Calhoun, and his followers, and of all Southern
writers--that the United States Constitution is a compact or agreement
amongst the several States as independent sovereign nations, and that in
every compact between nations, a contracting power, where there is a
disagreement, as there is no superior authority over them, has the right
to maintain the correctness of its construction--ignores the case where
the compact may be one for the making of the several contracting powers
one nation.
Compact means an agreement, nothing more or less, whether applied to
states or individuals. It cannot be denied that independent sovereign
nations can _by compact or agreement_ make themselves into a perpetual,
indissoluble nation. The voluntary combination of independent sovereign
powers, or nations, or states into one national union _must be by
compact_.
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