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
Though the United States alone have those supreme powers, which by
political writers are generally called sovereign, the word sovereign has
been also used by American writers and politicians in reference to the
powers of a State. The people of every State have supreme powers over
their own local affairs, their own territory and citizens where the
power has not been given to the United States; they can enact laws
making the penalty of stealing a pocket-handkerchief or smoking on the
street punishable with death and carry them into effect. If they were,
however, to make such laws to take effect for past acts, the United
States would interfere, because no State can make an _ex post facto_
law. So, in our separate States, a town or a county can run a road
through anybody’s land and the State cannot interfere; because the
people of the State have given that authority to the town or county. A
Board of Health in many States can stop one’s factory, destroy his
business, or close his house, by reason of its being deleterious to the
general health, and there is no appeal. In these matters the town or
county or Board of Health have supreme powers in their jurisdiction;
but however supreme or however arbitrary they may be in their
jurisdiction, they cannot extend them beyond--these supreme local powers
are not sovereign powers.
It is a large, local, internal government that each State has over its
territory, and the property and the acts of its citizens in that
territory. The General Government in our extensive domain, having in
addition to the powers it now has those of the States, would from the
overwhelming mass of its duties be a failure.
Indeed, we find that from necessity Great Britain is on the path of
giving to her three kingdoms greater powers of local government. If one
examines the bill for home rule for Ireland, proposed in 1886 by the
Gladstone administration, he will find that the powers it proposed to
give to Ireland are far beyond those our separate States have. Ireland,
besides the right of taxing, was empowered to levy duties of customs and
excise--that is, the right of protecting her own manufactures to the
injury of England’s. Ireland was to pay over specified contributions to
the British Government, some millions of pounds annually, for her
proportion of the interest on the national debt, and of the cost of the
support of the army and navy, and other expenses. If there were a
failure in these contributions the General Government would have been
obliged to use coercion--a civil war--a policy considered fatally
objectionable in the convention that made our Constitution. Ireland
also was to lose her representation in the Imperial Parliament.
Public-domain text, read in full here on John Shaqi.
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