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
Further action on this report was deferred to June 14th at the request
of Mr. Patterson, who then offered a plan called that of New Jersey,
formed by the deputations of Connecticut, New York, New Jersey, and
Delaware, preserving the articles of the confederation, one Legislature,
the equal vote of each State, but revising, correcting, and enlarging
the conferred powers so as to render them “adequate to the exigencies of
government and the preservation of the Union.” In the resolutions the
Executive, if any State or any body of men in the State should oppose
the execution of the acts or treaties of the government, was to call
forth the power of the States to enforce and compel an obedience.[23]
The ratification was to be by the Legislatures of the States; that of
the Virginia plan was to be by the people. The objection that the
delegates to the convention were exceeding their authority, which was
only to amend the articles of the confederation, was again brought up;
the discussion whether the government should be national or a
confederacy was again renewed. It was pointed out as a fatal objection
by Madison, Hamilton (who then spoke for the first time), and others,
that under a confederacy the coercing of a State to pay its quota or
compelling it to obey would in fact be a civil war, where the militia of
other States would have to march against the delinquent power. Hamilton
said he neither liked the Virginia nor the New Jersey plan; he praised
the constitutional monarchy of Great Britain as the most perfect
government. He was particularly opposed to Patterson’s plan, “being
fully convinced that no amendment of the confederation leaving the
States in possession of their sovereignty could possibly answer the
purpose.”[24] He stated the plan he should prefer: a general government,
with an executive and a senate for life or good behavior, the general
government to have the appointment of the governors of each State, who
should have a veto over the State laws.[25] He wished the States
abolished as States, but admitted the necessity of their having
subordinate jurisdiction.[26] He was aware that others did not approve
of his plan, nor would they, he thought, of that of Virginia, but they
might finally come to it. He thought universal suffrage a bad principle
of government. He apparently did not know how strongly the democratic
feeling existed amongst the people of this country; nor perhaps
appreciate the strength of a government that has at its back the will
and brute power of the majority of fighting men, as shown in our civil
war. He made that unfortunate speech, afterwards used against him, that
the people were getting tired of an excess of _democracy_, “and what is
even the Virginia plan _but pork still, with a little change of the
sauce_.”[27]
[23] 5 Elliot, 192, sixth resolve.
[24] 5 Elliot, 199.
[25] See his plan, 5 Elliot, 205.
[26] 5 Elliot, 212.
[27] Elliot, 423; also 5 Elliot, p. 206 note.
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