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
As no one seconded Hamilton’s plan and he did not urge it, the question
before the convention was between Mr. Patterson’s plan enlarging the
power of the confederacy or the national one of Virginia. The former,
after much debate, was laid aside, only New York and New Jersey voting
no. The Virginia resolutions were taken up again by a vote of seven
States ay, to three nay, Maryland divided, which was a vote, so Madison
says, that they “should be adhered to as preferable to those of Mr.
Patterson.”[28]
[28] 5 Elliot, 212.
That the word national was dropped from the resolutions of Virginia has
been dwelt upon by Southern writers, and by Calhoun at length in his
speech of 1833, as a proof that the national idea was abandoned. No such
conclusion can be drawn from the way in which it was done. On June 20th,
the day after the Virginia resolutions were again taken up and adopted,
the first resolution being before the House, Mr. Ellsworth moved it
should read: “That the government of the United States ought to consist
of a supreme legislative, executive, and judiciary.” This alteration, he
said would drop the word national and retain the proper title, “The
United States.” Mr. Randolph said he did not object, and it was
unanimously acquiesced in.
The second resolution, that the Legislature should consist of two
branches, was taken up. Mr. Lansing moved instead, that “legislation be
vested in the United States in Congress,” and again urged a confederacy.
On this George Mason,[29] to whom Mr. Lodge refers, said he did not
expect this point to be re-agitated, and compared a national government
to a confederate one. He spoke, “with horror,” of the necessity that the
latter would have of collecting its taxes by compulsion over States, of
marching the militia of one State against another to enforce taxes;
_rebellion_ was the only case where military force should be exerted
against citizens. In the early days of the convention he had urged that
the new government should be one over individuals not States. He would
not, however, abolish the State governments or render them absolutely
insignificant. This second resolution was carried seven States to three,
Maryland divided.[30]
[29] 5 Elliot, 216, 217.
[30] 5 Elliot, 223.
The next resolution, that the first branch of the Legislature should be
elected by the people, was supported by Mason, and Wilson said he
considered it the corner-stone of the fabric; only New Jersey voted
against it, Maryland divided.
On the resolution of how the second branch of the Legislature should be
elected--by the State Legislature or the people,--Virginia voted that it
should be by the people.[31]
[31] 5 Elliot, 240 and note.
That the representation in the first branch should be in proportion to
the people was established. Then June 29th began the great controversy
in the convention of how the representation should be in the second
branch, whether in proportion to population or by State.
Public-domain text, read in full here on John Shaqi.
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