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
The question therefore resolves itself into this, What was the agreement
or compact made between the people of the States? Was it for a nation
with supreme powers over the subdivisions of States in its territory and
all living therein, as far as power was given to it, and for
perpetuity, or was it for a confederacy or league for certain purposes,
limited by the right of each of the parties to it, to judge whether the
government exceeded its authority, and at its pleasure to dissolve it?
In other words, the fundamental question is, Was an indissoluble
national power made or a confederacy or league declared by the adopting
of the Constitution?
Webster perhaps unfortunately used the word compact in his argument when
he said the Constitution was not a compact, meaning it was not a mere
agreement amongst the States, a league, or confederacy, but that it was
the fundamental declaration of a nation.
Madison agreed with Webster as to secession and nullification and the
powers of the General Government, and of its judiciary to define and
pass on them, but he held “that the government with its powers was
established by a compact which each of the States had entered into, the
authority for it being derived from the same source as that of the State
governments--the people.”[11] Webster himself, in his speech in answer
to Calhoun, recognizes that compact may mean an agreement for a nation.
Speaking of the Constitution, he says: “Founded in or on the consent of
the people, it may be said to rest on compact or consent, but it is
itself not the compact, but the result.”[12] It is necessary to
constantly bear in mind that the word compact, used in reference to the
Constitution, is consistent with its nationality.
[11] See also, to same effect, _North American Review_, Oct., 1830, p.
537. Madison’s letter to Edward Everett.
[12] Webster’s _Speeches_, vol. ii., ed. 1850, p. 177.
The prominent writers who maintain the right of nullification and
secession, Calhoun, Davis, Stephens, and Bledsoe in his work, _Is Davis
a Traitor?_ all assert to an excessive length that any person or any
State that uses the word compact in reference to the Constitution admits
their theory of government, which is, that the Union between the States
was a mere dissoluble agreement, in which the States retained their
sovereignty and right of judgment over the acts done by the United
States. They mention the State of Massachusetts, Washington’s,
Madison’s, and even Webster’s subsequent use of that word as evidence of
their assent to this doctrine. The fault in their reasoning is what
logicians call the undistributed middle; they assume that the persons or
States using the word compact are speaking of the sort of compact they
maintain the Union to be--a league or mere dissoluble agreement, when in
fact they may be, and are, speaking of another sort of compact, a
compact for a national government.
Public-domain text, read in full here on John Shaqi.
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