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
We have before stated, that at the institution of our government there
was a great fear on the part of a portion of the people of its
consolidation and the extension of its granted powers over those
reserved to the States and people. It was not however until the
administration of John Adams, about ten years after the government had
gone into operation, that the power of a State to pass judgment on the
validity of the acts of the United States was suggested. Those who had
elected Adams as President called themselves Federalists, and, as is
natural in those controlling the government, were in favor of a liberal
construction of its powers. The name federal, taking its Latin
derivation, refers to a bond uniting states; that bond may be, however,
that of a confederacy or of a nation. Perhaps it was a misnomer for the
party in favor of a broad national construction of the Constitution. The
name has come into use, however, as descriptive of our government; it is
very generally called the Federal Government. The proposed uniting of
states, like the British colonies in the Pacific, is spoken of as
federal. Indeed there is no substantial objection to terming any sort of
government made by a constitution or agreement federal.
The party, at that time of our history, in opposition to the Federal,
and who were in favor of a strict construction of the Constitution,
called themselves by the national name of Republicans. When, however,
they came into power under Jefferson, they were no longer strict
constructionists.
CHAPTER IV.
KENTUCKY AND VIRGINIA RESOLUTIONS.
During Adams’ administration peace had been endangered by the endeavor
of foreigners to embroil the country in the war then raging in Europe.
In 1798 the Alien Laws giving the power to the President to expel
foreigners, and the Sedition Law punishing seditious acts and libellers
of the government, were passed. The constitutionality of these laws may
be fairly questioned.
Jefferson, the leader of the party in opposition to those in power, was
not a member of the convention that formed the Constitution, he was at
that time serving the country in Europe. He was exceedingly disturbed by
the Alien and Sedition Laws, and has generally been held as the
instigator and author of the Kentucky resolutions condemning them, and
asserting the right of nullification, passed by its Legislature in
November, 1798.[65] The Virginia Assembly soon afterwards, late in
December of that year, passed the famous resolutions so much relied upon
by those claiming the right of nullification and secession. Jefferson
did not find the Legislature of Virginia as compliant as that of
Kentucky; and the resolves passed by Virginia differ fundamentally from
those of Kentucky.
[65] Two drafts of the resolutions in his handwriting were found
amongst his papers and are published in his writings.
Public-domain text, read in full here on John Shaqi.
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