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
State legislatures in each State to a convention of the
people--Its acceptance considered in long sessions of the
conventions held in the several States--Everywhere announced as a
national government--Ratified as national in Massachusetts and
Virginia--Unanimous opinion of convention of New York of its
perpetuity--Amendments of Constitution, passed to quiet
apprehension as to its excessive powers--Early laws show a
liberal construction of the powers of the government--The right
of individuals to sue States taken away, but jurisdiction over
States and disputes between States retained--Insurrection in
Pennsylvania against excise law suppressed--Opinion of Washington
as to power of government--Alien and sedition laws passed.
CHAPTER IV.
KENTUCKY AND VIRGINIA RESOLUTIONS 88
Jefferson reputed author of Kentucky resolutions--Slight notice
taken of Kentucky resolutions--Resolutions are merely the opinion
of the legislature passing them--Kentucky resolutions declare the
States being united by compact, each has a right to pass on the
validity of the laws and doings of government made by the
compact--The compact of the Constitution is to leave to the
United States judiciary the determination of the validity of all
laws and cases. Right of contracting powers to compel
performance by a party refusing to keep its contract--Further
absurdity of Kentucky resolutions in denying the validity of all
punitive laws passed by Congress except for offences mentioned in
the Constitution--Virginia’s resolutions fundamentally
different--Madison never sanctioned nullification--Resolutions of
Virginia--They are: in case of usurpation it is the duty of the
States, not a State, to interpose to redress the evil--This not
an assertion that States could refuse obedience to the
laws--Opposing declarations of other States--Kentucky replied to
the resolutions of other States by protest, not by
nullification--Virginia’s explanation to counter-resolutions of
the other States drawn by Madison--The reply conciliatory--It
affirms the Constitution is the compact to which the States are a
party--It defines States as meaning people of the States--The
right to resist in the last resort is a claim of right of
revolution--The right to interpose exists only in usurpation of
powers and for the sole purpose of arresting the
usurpation--Admitted the judiciary is to decide on all questions
submitted to it--The assumption of undelegated powers stated to
be dangerous to liberty--Alien and sedition laws declared to be
unconstitutional--These resolutions are merely opinions--No
objection to sending them to other States--May possibly influence
opinion even of the judiciary--The request of Virginia to other
States to join her in constitutional ways to maintain their
rights not objectionable--Resolutions asserted to be strongest
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