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
When, after the civil war, the question of the legality of secession
came before the Supreme Court of the United States, in the case of the
State of Texas against White,[14] Chief-Justice Chase, apparently
overlooking this explicit statement, in delivering the opinion of the
court, said: “That by the articles of the Confederacy, the union of the
States was solemnly declared to be perpetual, and when these articles
were found to be inadequate to the exigency of the country, the
Constitution was ordained to form a more perfect union,” and asks, “what
can be more indissoluble if a perpetual union made more perfect is not?”
[14] 7 Wallace _Reports_, p. 700.
Neither the Chief Justice nor those distinguished jurists, Justice
Swayne[15] and Justice Bradley,[16] controverted the right of secession
when the case came before them, in the manner that Chief-Justice
Marshall treated constitutional questions. They, however, declared in
the most emphatic terms that there could be no secession, that the Union
was an indissoluble one of indestructible States by the very provisions
of the Constitution itself.
[15] In case of White _vs._ Hart, 13 Wallace, 646.
[16] Keith _vs._ Clark, 97 _United States Reports_, 476.
If we examine the provisions of the Constitution, we find in the first
clause is declared the perpetuity of the Union; in the last clause,
excepting that setting forth it shall be established on the ratification
by nine States, is stated in language that cannot be mistaken, its
supremacy over States and State constitutions.
It is by its very terms, we, the people, do ordain and establish this
Constitution, that is the great charter giving powers to our new
government, and it is, therefore, we, the people of every State, who
declare that this Constitution, this government, and the laws and
treaties made under it “shall be the supreme law of the land and the
judges in every State shall be bound thereby, anything in the
constitution or laws of any State to the contrary notwithstanding.”
There is no qualification that if we do not deem them legal we can treat
them as null and void.
In order to secure and maintain that supremacy the people who made it
require that the United States Senators and Representatives, “and
_members of the several State Legislatures_, and all executive and
judicial officers, both of the United States _and of the several
States_, shall be bound by oath or affirmation to support this
Constitution”; stamping, as on its coins, its authority over States and
every State officer.
Public-domain text, read in full here on John Shaqi.
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