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 first was, that the government of the United States ought to consist
of a supreme legislative, judiciary, and executive. The second, third,
fourth, and fifth were the resolves as to the two branches of the
Legislature. The sixth was: “Resolved, that the national Legislature
ought to possess the legislative rights vested in Congress by the
Confederation; and moreover to legislate in all cases for the general
interests of the Union,” etc., etc.
In the 12th, 13th, 14th, 15th, 16th, 20th, and 23d--the last, the
executive, the legislative, the judiciary, and the government were
termed national. These are the resolutions passed by the convention, all
declaring the government and every branch of it was national. This was
the plan agreed on; no changes were made except of detail and for
euphony, and some modifications.
On August 6th the Committee of Detail reported the Constitution; a
printed copy was furnished to each member.[38] The preamble was, “We,
the people of the States of New Hampshire, Massachusetts,” then follow
the names of all the other States, “do ordain, declare, and establish
the following Constitution for the government of ourselves and our
posterity.”
[38] Copy of Constitution as reported, 5 Elliot, 376-81.
“Article I. The style of the government shall be the United States of
America.”
“Article II. The government shall consist of supreme legislative,
executive, and judicial powers.”
By Article X. the executive was vested in a president, to hold his
office for seven years, but not re-eligible, whose title was to be “His
Excellency.”
It will be noticed that the preamble had the declaration of perpetuity,
that we, the people, made it for “our posterity.”
The Constitution was then taken up by its separate articles, and they
were minutely and thoroughly discussed and somewhat altered. Each was
again passed, taking all the time from the 7th of August until September
12th.
The definition of treason was considered at great length, and in the
debate it was shown that States might punish for acts against their
authority under the name of treason or under other names. Madison
thought the definition too narrow; Mason was in favor of extending the
definition and adopting the statute of Edward III.[39] The record of the
convention shows this article punishing treason was unanimously agreed
to, notwithstanding the objection Luther Martin said he made.[40]
[39] 5 Elliot, 447.
[40] 5 Elliot, 451. Article VII., Sec. 2, was then agreed to
_nem-con_.
The supremacy of the Constitution and the laws of the United States over
the States and all citizens and State judiciary was passed, no one
opposing, August 23d.[41]
[41] 5 Elliot, 467.
The provisions relating to the office of President and his powers and
duties were much discussed and changed, and the title of “His
Excellency” dropped.
Public-domain text, read in full here on John Shaqi.
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