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
We propose to show that by the adoption of the Constitution the people
of the States formed themselves into a nation.
First: The Constitution declares its perpetuity, and the powers given by
it to the government established are those of an indissoluble nation
with supreme authority over every one, not of a confederacy of nations.
Second: The members of the convention that made the Constitution
intended to make a national government; and that they considered that
they had done so is conclusively shown by the contemporary reports of
their debates and proceedings. The members of the conventions of the
people of the several States that adopted the Constitution without
exception also considered and spoke of the government as national.
Third: That the government exercised its supreme national power
repeatedly and uniformly over the States and over all the citizens of
every State, from the time of its inception to the civil war.
Historically we were a nation.
Fourth: That the general belief that the Virginia resolutions questioned
this supremacy and nationality is wholly unfounded.
There is no question of the universal opinion after the termination of
the war of the Revolution that the provisions under which the States
were associated, made on the 15th of November, 1777, had failed
essentially in giving to the Confederate Congress government the
necessary powers to carry it on.[13] The Confederacy was made by
delegates from the Legislatures of the State governments of the
different States; the powers of the Confederacy were given to a Congress
which consisted of one body or House, and in that Congress each State
had one vote, that of Delaware, with a diminutive territory and about
one sixteenth of the population, equalling that of Virginia. The
Constitution which contains and defines the powers given to the United
States Government was made by delegates appointed by the different State
Legislatures of the Confederacy, all being represented except Rhode
Island. Its members were the most prominent and distinguished men of the
country. After the most careful, thorough, and patient examination and
discussion, extending through four months, they formed the instrument
giving the powers of the new government. They sent it to the existing
Congress of the Confederacy, with the request that it might be submitted
to a convention of delegates chosen in each State by the people thereof,
under the recommendation of its Legislature, for their consideration and
assent if approved of.
[13] The condition of affairs then is well stated in Fiske’s _Critical
Period of American History_.
The Continental Congress unanimously forwarded the proposed Constitution
to the Legislatures of the several States, who each submitted it to a
convention of the people called for the purpose of deciding whether they
would adopt it.
Public-domain text, read in full here on John Shaqi.
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