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
That this law was understood to reach a citizen of a State resisting the
authority of the United States is clearly shown by the letter of Luther
Martin, a distinguished jurist, and also the Attorney-General of
Maryland, and afterwards a leader of the bar in the United States
Courts, and who as a lawyer was accustomed to consider the meaning of
instruments like the Constitution. In this letter to the Legislature of
Maryland objecting to the ratification of the Constitution, he declares
that this clause was kept for the purpose of coercing a State. He wrote:
“The time may come when it shall be the duty of a State in order to
preserve itself from the oppression of the General Government to have
recourse to the sword; in which case, the proposed form of government
declares, that the State, and every one of its citizens who acts under
its authority, are guilty of a direct act of treason,” and a citizen is
thus put in the dilemma of being exposed to punishment, either by the
State or the United States, however he may act. To prevent this, he
writes, he offered an amendment that acts done under the authority of
one or more States should not be deemed treason or punished as such; but
this provision was not adopted.[18]
[18] Martin’s Letter, Elliot’s _Debates_, vol. I., pp. 382, 383.
The interference of the United States with a State is expressly directed
by another clause in the Constitution, that by which the United States
is obliged to protect a State against domestic violence and guarantees
to put down any government if it be not republican. There is no limit to
this guaranty and it is no matter if the unrepublican government be
established by a majority or unanimity of votes.
A sovereign government seldom, if ever, allows itself to be sued, and
never gives the decision of a suit against itself or between itself and
other governments to _another jurisdiction_. That is a direct surrender
of sovereignty. The Constitution as originally adopted, gave to the
United States judicial power in controversies to which the United States
shall be a party, in controversies between two or more States, between a
State and citizens of another State and between a State and foreign
states, citizens, or subjects. The jurisdiction in suits by individuals
against a State was afterwards taken away by the passage of an amendment
to the Constitution, leaving however jurisdiction in controversies to
which the United States shall be a party and between two or more States
and a foreign State. The fact, however, remains, that the Constitution
as formed and as adopted by the original States, (all that can claim to
have been sovereign), did give jurisdiction to the United States over
all claims, even those of individuals out of the State against the
State, as if the State had no more political importance than a county or
a town.
Public-domain text, read in full here on John Shaqi.
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