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 is whether a national government or a confederacy of
nations was made by the adoption of the Constitution--The
doctrine of nullification and secession considered--The State
governments and the National government have limited powers--The
foundation of our government was necessarily a compact--The
compact was for a national government--The failure of the
government of the Confederacy of the revolution--The Constitution
had the sanction of the Confederacy, of the State government and
of the people--Preamble of Constitution declares its
perpetuity--Supremacy of the Constitution over State judiciaries
and laws--All really sovereign powers given to United
States--Restriction of State powers--Powers of States only
local--People of States or parts of States making war against the
United States guilty of treason--Originally States, like
counties, were suable by the Constitution--By amendments to the
Constitution the United States can assume any power over the
States--Other provisions giving the general government great
power over States--Restriction of States to prevent their making
resistance--Constitution established a government over
individuals not States--Authority of the judiciary.
CHAPTER III.
THE CONSTITUTIONAL CONVENTION INTENDED NATIONALITY 51
Convention called to amend the articles of Confederacy--First
resolution passed: the government should be supreme and
national--The national plan offered by the Virginia delegation
preferred and considered--The New Jersey plan of a confederacy of
the States with coercive power to compel obedience--Hamilton’s
plan--The Virginia plan again adopted. The United States adopted
as the title--Resolutions passed that there should be two
branches of the legislature, the first to be chosen by the
people--Long controversy as to representation in Senate, settled
by an equal representation of the States, the vote to be per
capita--This compromise of representation in Senate does not
affect the supremacy of the granted powers--Resolution of
Elbridge Gerry referring the plan of a _national_ government to
the committee of detail unanimously passed--Government called
national in many of the referred votes--Committee of detail
report votes passed; the preamble declaring the government to be
for posterity--Article against treason again debated and passed
unanimously--Constitution committed to committee of style and
arrangement--New draft considered at length, adopted, and signed
by delegates--Diversity of opinion as to durability, no
suggestion that a State had a right to leave the Union--Yates and
Lansing left convention because the Constitution made a national
government--Satisfaction with it of Southern States--Washington’s
service--Franklin’s happy speech at close--George Mason did not
sign, though efficient in making it--Constitution submitted by
Public-domain text, read in full here on John Shaqi.
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