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
This New York convention for a long time was opposed to the
ratification. Hamilton, who was exceedingly zealous for it, wrote almost
in despair to Madison, asking if a State could adopt the Constitution
conditionally and afterwards withdraw from the Union if its proposed
amendments were not adopted. Madison replied, that “a conditional
ratification did not make a State a member of the Union. The
Constitution requires an adoption _in toto_ and _forever_. It has been
so adopted by the other States. An adoption for a limited time would be
as defective as of some articles only.” Hamilton did not question the
correctness of this opinion; but New York was brought finally to giving
her consent. Mr. Lansing’s two motions (which show that he thought the
Union perpetual) of a conditional ratification with a bill of rights,
and of a reservation of a right to withdraw from the Union after a
certain number of years unless the amendments proposed should previously
be submitted to a general convention, were negatived;[52] a similar
conditional acceptance had been proposed in the Virginia convention and
abandoned.
[52] 2 Elliot, 412. The acceptance was passed in full confidence that
the bill of rights proposed by New York would be passed.
The proceedings in most of the conventions called by the several States
are reported in Elliot’s _Debates_. In none of them was the theory
advanced or suggested that a State had the power to secede from the
government or decide as an independent sovereignty on the validity of
the acts or laws of the new government. If the power to nullify was then
supposed to exist, if the right of a State to leave at its will was
thought of, why was it not then urged that nullification and secession
were easy remedies if the Union should be or become oppressive? No one
imagined that there was any such power remaining in the States. No one
answered to the alleged fear of oppression and tyranny that the State
could nullify or secede. Neither friend nor foe, as Webster said,
claimed either.
On all occasions, in all the speeches, it was assumed as granted, that
the consolidation of the States, as it was termed, was national and
perpetual. Even in South Carolina the proceedings are conclusive on
this point. The Constitution first came before the legislature on the
question of submitting it to the people of the State. Charles Pinckney,
who had also been a very prominent member of the general convention that
made the Constitution, said: “He repeated that the necessity of having a
government which should at once operate upon the people, and not upon
the States, was conceived to be indispensable by every delegation
present.”[53]
[53] 4 Elliot, 256.
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